James F. Ewing

Partner

Overview

James F. Ewing is a partner and intellectual property lawyer with Foley & Lardner LLP. Dr. Ewing primarily advises pharmaceutical, biotechnology, and nutraceutical clients. In the pharmaceutical and biotechnology sectors, Dr. Ewing works with companies engaged in drug discovery to develop and produce peptide and small molecule therapeutics, encompassing such technologies as computationally assisted drug design, immunology and vaccine technologies, stem cell technologies, neurobiology, drug delivery, gene therapy technologies, nanobiology technologies and biomedical devices. Dr. Ewing is former vice chair of the firm’s Chemical, Biotechnology & Pharmaceutical Practice and a member of the Life Sciences, Food & Beverage, and Technology Industry Teams.

Representative Experience

  • Advising clients on the creation and development of patent portfolios, collaborative research, licensing of technology, raising money through venture capital and other financial transactions, and enforcement of their intellectual property rights
  • Performing due diligence investigations for private and public financings and M&A transactions
  • Providing patent invalidity, freedom to operate and non-infringement opinions
  • Initiating and defending patent interference proceedings for clients
  • Counseling nutraceutical companies engaged in the development of natural herbal remedies and dietary supplements

Thought Leadership

Dr. Ewing has more than 15 years of experience as a research biochemist in academic medical universities and drug discovery companies. He is the author of numerous peer-reviewed scientific articles and invited reviews on a variety of scientific topics. Dr. Ewing has worked in several Massachusetts-based drug discovery companies with interest in the development of new cardiovascular, reproductive, gastrointestinal and central nervous system therapeutics, as well as antibiotics.

Recognition

Dr. Ewing has been selected for inclusion in the 2005 – 2012 Massachusetts Super Lawyers-Rising Stars® editions for his work in intellectual property. In 2010, the Legal 500 recognized Dr. Ewing for patent prosecution. He was named among the LMG Life Sciences "Life Science Stars" in both 2012 and 2015. Dr. Ewing is a 2016 recipient of Foley & Lardner’s Carl Hitchner Mentor of the Year Award, which is an annual award recognizing outstanding mentoring to young attorneys by partners and senior counsel.

Education

Dr. Ewing is a graduate of Union College (B.S., with honors), Albany Medical College (M.S. and Ph.D.) and Suffolk University Law School (J.D., cum laude).

Admissions and Professional Memberships

Dr. Ewing is a member of the Massachusetts Bar Association and is admitted to practice in the state of Massachusetts and before the USPTO.

Selected Legal Publications

  • “LDT Proposals: Concerns about the FDA’s proposal LDT regulations on test providers and patients,” Advanced Healthcare Network for Laboratory, Jolene S. Fernandes, Lisamarie Collins, and James F. Ewing, March 14, 2016.
  • “Laboratory Developed Tests (LDTs) – An emerging area of FDA regulation,” Advance Healthcare Network for Laboratory, Jolene S. Fernandes, James F. Ewing, Lisamarie A. Collins, Jacki Lin, and Linda X. Wu, December 28, 2015.
  • "Knowledge generation, integration key in drug development strategies," Mass High Tech, James F. Ewing, John M. Garvey, and Michel Morency, July 6, 2004
  • "Patent strategy can bring collaboration revenues," Mass High Tech , Michel Morency, James F. Ewing, Chinh Pham, and John M. Garvey, February 2, 2004
  • "How to get licensees to help you monitor the market for infringers," Mass High Tech, Michel Morency, James F. Ewing, and John M. Garvey, October 13, 2003

Representative Matters

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Foley represented Harvard University and one of its senior professors in federal court litigation involving the claim by a former Harvard graduate student that he was improperly misallocated the royalties of a key drug patent.