Emma L. Frank

Overview

Emma represents clients in patent, trademark, and trade secret litigation matters in federal district courts and before the Patent Trial and Appeal Board (PTAB). She uses her training as a scientist not only to dig into clients’ technologies, but to approach problems and develop solutions to protect clients’ most important inventions and defend against assertions of competitors’ intellectual property. 

As a litigator, Emma plays a key role in developing case strategy from the outset of matters and implementing that strategy all the way through to trial. She works to make legally and technologically complicated issues understandable both for her clients and the judges and juries hearing her cases. Emma also regularly handles day-to-day case management, with experience overseeing fact and expert discovery, drafting procedural and dispositive motions as a lead drafter, and arguing those motions in court. At trial, she has prepared both fact and expert witnesses for direct and cross examination, and handled bench memorandum and trial motions. 

Emma proudly maintains a robust pro bono practice, having represented clients in family law matters through the Women’s Bar Foundation, unemployment assistance appeals through the Volunteer Lawyers Project, immigration and disability litigation as co-counsel with the Jerome N. Frank Legal Services Organization, and veteran affairs appeals through the Veterans Consortium. She has also worked with the Innocence Project on amici briefs in criminal cases involving genotyping software evidence.

While in law school, Emma was a member of The George Washington Law Review and the Moot Court Board, competing in moot court at the national level. She also interned for the Honorable Kathleen M. O’Malley at the Court of Appeals for the Federal Circuit. She has used that experience to assist with several of Wolf Greenfield’s appellate matters before the Federal Circuit.

Emma spent two summers at Wolf Greenfield as a summer associate and previously worked as an undergraduate researcher at the Broad Institute of MIT and Harvard as well as in MIT’s Department of Political Science.

Experience

District & State Court

• Currently representing The Burton Corporation in a patent infringement case involving helmet technology. Smith Sport Optics, Inc. et al. v The Burton Corporation, Case No. 1-21-cv-2112 (D. Colo.)
• Represented Hazel Technologies, Inc. in a patent infringement case involving agricultural chemical products. AgroFresh Inc. v. Hazel Technologies, Inc., Case No. 1-18-cv-01486 (D. Del.)
• Represented Citibank, NA and Citigroup, Inc. in multiple patent infringement litigations involving financial transaction software.  Mirror Imaging LLC v. Citigroup, Inc., Case No. 6-21-cv-00516 (W.D. Tex.); Liberty Peak Ventures, LLC v. Citigroup Inc., Case Nos. 6-21-cv-00710, 6-21-cv-00711 (W.D. Tex.); Ward Participations BV v. Citigroup Inc., Case No. 6-21-cv-01194 (W.D. Tex.)
• Represented Wild Alaskan, Inc. in a trademark infringement case involving issues of search engine optimization and internet marketing. Wild Alaska Salmon and Seafood, Inc v. Wild Alaskan, Inc, Case No. 3-20-cv-00094 (D. Alaska)
• Represented Generate Biomedicines, Inc. in a trademark infringement case.  Generate IP Holdings LLC v. Generate Biomedicines, Inc., Case No. 1-21-cv-10179 (D. Mass.)
• Represented Tai Diagnostics, Inc. in a patent infringement case involving heart transplant rejection diagnostics.  CareDx, Inc. v. Tai Diagnostics, Inc., Case No. 1-20-cv-00486 (D. Del.)
• Represented Purdue University in a patent infringement case involving blood pressure monitors. The Trustees of Purdue University v. Omron Corporation, Case No. 1-20-cv-05443 (N.D. Ill.)
• Represented Acacia Communications Inc. in a trade secret misappropriation and breach of contract litigation involving forward error correction and digital signal processing for fiber optics technology. Viasat Inc. v. Acacia Communications Inc., Case No. 37-2016-00002323 (Cal. Super. Ct., San Diego Cnty.)

PTAB Proceedings

• Represented BlueCatBio MA Inc. in a PGR proceeding involving centrifugal microtiter plate washers. BlueCatBio MA Inc. v. Yantai Ausbio Laboratories Co., Ltd., PGR2020-00051 (PTAB)
• Represented Risen (Suzhou) Pharma Tech Co., Ltd. in an IPR proceeding involving deuterated compounds for use in treating Alzheimer’s disease. Alzheon, Inc. v. Risen (Suzhou) Pharma Tech Co., Ltd., IPR2021-00347 (PTAB)
• Represented Medy-Tox Inc. in two IPR proceedings involving Botox technology.  Revance Therapeutics, Inc. v. Medy-Tox Inc., IPR2021-01203 & IPR2021-01204 (PTAB)
• Represented Epizyme, Inc. in a series of IPR proceedings involving non-Hodgkin’s lymphoma pharmaceuticals. Epizyme, Inc. v. GlaxoSmithKline LLC, IPR2020-01577, IPR2020-00327, & IPR2020-00328 (PTAB)
• Represented Precision BioSciences, Inc. in two patent interference proceedings challenging Precision Biosciences’ patents covering its allogeneic chimeric antigen receptor (CAR) T cell platform. Jantz v. Galetto, Interference Nos. 106,117 & 106,118 (PTAB)

Appellate Proceedings

• Currently representing BlueCatBio MA Inc. in a Federal Circuit appeal stemming from PGR proceeding. BlueCatBio MA Inc. v. Yantai AusBio Laboratories Co., Ltd., Appeal No. 22-1450 (Fed. Cir.)

Pro Bono Representation

• Currently representing military veteran appealing decision of the Board of Veterans Appeals through the Veterans Consortium Pro Bono Program.
• Currently representing Haitian immigrant in an immigration and disability rights litigation on appeal to the First Circuit as co-counsel with the Yale Law School Jerome N. Frank Legal Services Organization.
• Worked with The Innocence Project on an amici brief that helped to secure an important ruling that safeguards the Constitutional rights of criminal defendants to meaningfully examine computer software that the prosecution seeks to use to prove guilt.
• Represented multiple clients who were domestic violence survivors in divorce proceedings through Women’s Bar Foundation Family Law Project.
• Represented multiple clients appealing decisions by the Office of Unemployment Assistance through the Greater Boston Legal Services Volunteer Lawyer Project.

Activities

• Wolf Greenfield Associates Committee, Chair (2021-2022)

Recognition

• Repeatedly recognized on the Best Lawyers: Ones to Watch list by The Best Lawyers in America®
• Repeatedly named to the list of Massachusetts Rising Stars by Super Lawyers
• Pro Bono Lawyer of the Year Finalist, Chambers USA Awards (2024) 
• National Competitor in Giles Rich Intellectual Property Moot Court Competition (2018)
• Finalist for Southeastern Region of Giles Rich Intellectual Property Moot Court Competition (2018) 
• First Place Paper in Marcus B. Finnegan Intellectual Property Writing Competition (2017)
• Finalist in Rothwell Intellectual Property Moot Court Competition (2017)

Interests

• Baking
• Pottery
• Gardening