Antoinette F. Konski is a partner and intellectual property lawyer with Foley & Lardner LLP, and serves as managing partner of the Silicon Valley office. She also served as a co-chair of the firm’s national Life Sciences Industry Team and is the former vice-chair of the firm’s national Chemical, Biotechnology & Pharmaceutical Practice Group.
Antoinette’s practice focuses on advising clients about the creation, protection, acquisition, and maximization of intellectual property assets in a manner that optimally aligns with their business objectives. She primarily counsels biotechnology, pharmaceutical, and medical device companies on all aspects of obtaining, defending, evaluating, licensing, and enforcing intellectual property rights and patents. Antoinette counsels clients on how to best utilize their intellectual property assets as a powerful tool in effectuating their business strategy, whether that involves gaining a competitive market advantage, establishing or consolidating their market position, or obtaining the maximum value for or commercializing their intellectual property assets.
She manages complex global patent portfolios (having drafted over 600 original patent applications) in diverse technologies, including personalized CAR and NK cell therapy, gene therapy, antibody therapeutics, pharmaceuticals, diagnostics, formulation technology, and medical devices. Antoinette also has specialized expertise in precision/personalized medicine. She has extensive experience in freedom-to-operate and landscape analysis of antibody technologies and cell and gene therapies, which allows her to assist clients in developing innovative, novel, and competitive technologies in these fields.
Antoinette also has significant experience in assisting clients prepare for the diligence of intellectual property assets within the context of various business transactions, including public or private investments, strategic acquisitions, and public offerings.
Antoinette has also successfully represented clients in multiple inventorship disputes, derivation and reexamination proceedings before the United States Patent Office, as well as successfully argued several cases before the United States Patent Trial and Appeal Board.
Representative Recent Transactions
In 2013, Ms. Konski was named one of Silicon Valley’s Women of Influence by the Silicon Valley Business Journal. In 2011, she was selected by the Daily Journal as a Top 25 IP Portfolio Manager in California and one of 25 Leading Biotech Lawyers in California. She was recognized by The Legal 500 for her work in the area of health care – life sciences in 2013, 2014, 2015, and 2016 and was also recognized in The Legal 500 US 2009 Edition and in The Legal 500 US: Volume II: Intellectual Property, Media, Technology, and Telecom 2007 Guide as a top attorney for patent prosecution.
Antoinette is the editor of the firm’s Personalized Medicine Bulletin blog, which follows the evolving development and intellectual property protection of enabling diagnostic methods and therapies. She is a founding member of The Business of Personalized Medicine Conference and serves on the Advisory Board. She is a frequent speaker and author on various patent topics.
Representative Publications and Presentations
Antoinette has authored several book chapters: Patenting Trends in Chimeric Antigen Receptor Technologies, in Second Generation Cell and Gene-based Therapies (Academic Press, 2020); Inventorship and Authorship, in Intellectual Property in Molecular Medicine (Cold Spring Harbor Laboratory Press, 2014); Derivation and Derivation Proceedings, in America Invents Act: Law & Analysis (Wolters Kluwer Law & Business, 2013); Patenting Stem Cell Technologies: Making a Claim in Colloquium Series on Stem Cell Biology (Morgan & Claypool Publishers, 2013).
Select Publications & Presentations
Ms. Konski earned her J.D. degree from Fordham University School of Law where she was a member of the Urban Law Journal. She earned her Bachelor of Science degree from the University of Delaware where she was elected to Omicron Nu Honor Society.
Admissions and Professional Memberships
She is a member of the State Bar of California, the State Bar of New York, the Biotechnology Section of the American Bar Association and the American Intellectual Property Lawyers Association. She is registered to practice before the U.S. Patent and Trademark Office.