Marie A. McKiernan

Overview

Marie McKiernan focuses her practice on patent, trademark, trade secret, and copyright litigation, as well as post-grant proceedings.

Marie represents clients at all stages of litigation on intellectual property issues spanning a wide range of technologies, such as semiconductors, entertainment systems and software, streaming technology, personal computing devices and software, helmets, consumer health products, and geolocation devices.

Marie has experience litigating in multiple jurisdictions, including the Central District of California, the Northern District of California, the Southern District of California, the District of Colorado, the District of Delaware, the Northern District of Illinois, the District of Massachusetts, and the Western District of Texas.

In addition to her litigation practice, Marie is a member of the litigation group’s E-Discovery committee, which keeps up to date with all aspects of electronic discovery related concerns that might arise for clients in anticipation of and during the course of litigation. Marie has experience counseling clients when approaching collaborations and negotiations with third parties to minimize the risk of litigation in light of the technological landscape.  

Marie actively participates in firm pro bono projects. She also frequently writes about timely litigation topics.

During law school, Marie participated in a co-op internship program, interning at the First Circuit Court of Appeals for the Honorable Norman H. Stahl and the US Food and Drug Administration’s Office of Chief Counsel. While completing her Masters at Tufts University School of Medicine, Marie did research for the Tufts Center for the Study of Drug Development, analyzing the development of personalized medicines.

After graduating from the dual-degree program, Marie interned with Wolf Greenfield for four months prior to beginning a judicial clerkship for the Honorable Mary Thomas Sullivan of the Massachusetts Appeals Court. Prior to joining the firm, Marie was an associate at a Boston-based litigation and insurance law firm where she assessed insurance coverage disputes, performed litigation analysis, and monitored and directed outside litigation-counsel.

Experience

Directly responsible for the preparation and presentation of trade secret misappropriation defenses, handling the direct examination of an important technical expert for a complex trade secret case concerning technology involving high speed wireless communications. Ultimately, the jury’s misappropriation verdict was favorable to the client, successfully mitigating claimed damages in the hundreds of millions to a one-dollar award.

Member of a successful trial team in a high-profile trademark dispute responsible for the preparation of cross examination of the opposing party’s corporate witnesses and damages expert. Ultimately, the jury found the client not liable on all counts.  

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