About

Phil Swain

Phil Swain’s law practice focuses on serving as a neutral in resolving intellectual property disputes. He specializes in disputes for clients with advanced technology applications, including telecommunications, information technology, software, medical devices, mechanical devices, and sporting goods, as well as life sciences companies, and users and owners of trademarks and copyrights.

Phil has had over 35 years’ experience in litigating complex intellectual property disputes, practicing in major law firms based in Boston and Chicago. Phil received his law degree from Northwestern University Pritzker School of Law in Chicago, and a Mechanical Engineering degree from Tufts University in Medford, Massachusetts. Immediately after law school, he served as law clerk to the Honorable Giles S. Rich of the United States Court of Appeals for the Federal Circuit in Washington, D.C. He is also an Adjunct Professor at Suffolk University Law School in Boston, where he teaches a course on patent litigation.

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Professional Experience

Law Office of Philip Swain, Concord, MA (2022)

Principal

Mediation, arbitration, and alternative dispute resolution

Specializing in resolution of intellectual property disputes

Foley Hoag LLP, Boston, MA (1997-2021)

Partner

Intellectual property litigation and counseling
Focus on patent litigation for telecommunications and information technology, computers and software, and medical devices clients
Additional experience in mechanical devices, sporting goods and health care products cases
Experience in trademark, copyright infringement, trade secret misappropriation and unfair competition
Representation of clients in numerous cases in federal and state courts throughout the United States
See attached list of published cases for representative matters
Trial of more than one dozen cases (including first chair in jury trials)
Appearances before the United States Court of Appeals for the Federal Circuit in more than a half-dozen appeals (including first chair arguments)
Experience in prosecuting and defending trial proceedings before the United States Patent Trial and Appeal Board
Emphasis on delivering cost-effective service in complex matters by focusing on efficient strategies for clients to achieve business objectives

Kirkland & Ellis, Chicago and Los Angeles (1986-1997)

Partner and Associate

Clerkship

Honorable Giles S. Rich United States Court of Appeals for the Federal Circuit, Washington, DC (1985-1986)

Law Clerk

Educational Experience and Teaching

Suffolk University Law School, Bost, MA (1998 - Present)

Adjunct Professor - Course on patent litigation
Also taught or lectured on intellectual property law at Boston University, Northeastern University, Northwestern University, Stanford University, Tufts University, University of Massachusetts, University of New Hampshire, and Yale University

Northwestern University School of Law, Chicago, IL (1984)

Acting Assistant Dean

Alternative Dispute Resolution Experience
- Represented aerospace company in arbitration/mini-trial (semiconductor patent infringement)
- Represented biotech company and universities in mediation (DNA patent infringement/trade secret misappropriation)
- Represented telecommunications company in mediation (cellular technology patent infringement)
- Represented food company in ICSID arbitration (trademark rights)
- Represented health care company in mediation (medical device patent infringement)
- Represented software company in AAA arbitration (software patent infringement)
- Represented construction company in mediation (construction delay damages)
Education
- Northwestern University School of Law, J.D. (1984)
- Tufts University, B.A. and B.S. in Mechanical Engineering (1981)
Alternative Dispute Resolution Training and Certifications
- Certified mediator, Centre for Effective Dispute Resolution
- Fellow, Chartered Institute of Arbitrators
- Notary public, Commonwealth of Massachusetts
Honors and Recognition
- Ranked by Chambers USA: America's Leading Lawyers for Business
- Listed in New England Super Lawyers, IAM Patent 1000, Who's Who Legal
- International Association for the Protection of Intellectual Property (AIPPI) Award of Merit
Professional and Civic Activities
- Federal Circuit Bar Association (past President)
- Federal Circuit Historical Society (Board of Governors, past President)
- International Association for the Protection of Intellectual Property (AIPPI); Past Chair, AIPPI-US Division, American Intellectual Property Law Association; Chair, AIPPI Boston 2008 Congress; AIPLA Fellow
- American Bar Association, Intellectual Property Law Section: Chair, Amicus Committee; Books Editorial Board; past Council member; Section Officers Committee on Professional Responsibility; American Bar Foundation, Life Fellow
- Intellectual Property Owners Association
- International Trade Commission Trial Lawyers Association
- International Bar Association
- Federal Circuit Advisory Council (2000 – 2002)
- Boston Bar Association
- Boston Patent Law Association
- Alan Lourie Boston Intellectual Property Law Inn of Court (board member)
- University of New Hampshire School of Law IP Advisory Council
- Fellow, Center for International Legal Studies, Salzburg, Austria
- Town of Concord, 2025 Celebration Committee; Finance Committee; Public Works Commission (past chair)
- Deacon, Trinitarian Congregational Church, Concord, MA (past chair)
- Concord Minutemen (military reenactment company)
Bar Admissions
- Massachusetts
- Illinois
- California
- District of Columbia
- U.S. Patent and Trademark Office
Federal Court Admissions
- U.S. Supreme Court
- U.S. Court of Appeals for the First Circuit
- U.S. Court of Appeals for the Federal Circuit
- U.S. District Court for the District of Massachusetts
- U.S. District Court for the Northern District of Illinois (including trial bar)
- U.S. District Court for the Central District of California
- U.S. District Court for the Northern District of California
- U.S. District Court for the Eastern District of California
- U.S. District Court for the Southern District of California
- U.S. District Court for the District of Arizona
- U.S. District Court for the Eastern District of Michigan
- U.S. Court of Federal Claims
Technology experience in litigation
- Aeronautics and astronautics
- Accelerometry
- Apparel
- Audio equipment
- Audio synchronization
- Battery technologies and supplies
- Chemistry (organic compounds)
- Computer vision tracking
- Construction equipment
- Conveyors
- Database management
- Diffusion imaging
- Digital data processing
- Educational devices
- Electrical devices
- Financial data processing services
- Geolocation and GPS technology
- Graphical data reading
- Hand tools/workshop equipment
- Image analysis
- Information and communication technology
- Integrated circuits
- Medical devices
- Medical diagnostic methods
- Metal treatments
- Metal working
- Molecular biology and microbiology
- Musical instruments/tuning forks
- Radio frequency (RF) tracking devices
- RF and microwave systems
- Nucleotide sequences
- Paper making
- Position and object tracking
- Plant patents
- Position imaging/sensors
- Printed circuits
- Printing technologies
- Polymers and synthetic resins
- Semiconductors
- Semiconductor manufacturing
- Software testing
- Sporting goods and training equipment
- Surgical devices
- Telecommunications equipment
- Telematics
- Tobacco products
- Transmission of digital information/telegraphic communication
- Video streaming
- Wireless technologies

Free Analysis

Sound alternative dispute resolution analysis is based on years of training, hard work, and passion, as well as familiarity with intellectual property litigation and precedent and sound consideration. You’ll find all that and more with Phil Swain.