Gansereit, Matthew D

Kevin Prussia is a senior associate in the Litigation/Controversy Department, and a member of the Intellectual Property Litigation Practice Group. He was a member of the firm from 2006 to 2007 and returned in 2008 after completing a clerkship with the Honorable Richard G. Stearns of the United States District Court for the District of Massachusetts.

Practice

Mr. Prussia's practice focuses on intellectual property litigation and other complex business disputes. He has represented clients in patent disputes involving a variety of technologies, including pharmaceuticals, integrated circuits, digital imaging and video compression. He has also represented clients facing allegations of breach of contract and breach of fiduciary duty under the ERISA statute. His practice has encompassed nearly every aspect of litigation, from pre-suit investigation through appeal. Specifically, Mr. Prussia has managed electronic discovery, deposed and defended significant witnesses, including inventors, company executives and experts, drafted and argued motions, negotiated settlements and tried cases to arbitrators. Mr. Prussia also has experience assisting clients in responding to third party subpoenas.

Recent Highlights

• Representing several leading manufacturers of smartphone devices in patent litigations involving integrated circuits, graphical user interface and digital camera technology.
• Representing several pharmaceutical companies in Hatch-Waxman (ANDA) patent litigations.
• Obtained dismissal of a putative class action alleging breaches of ERISA fiduciary duties related to the investment of employer stock in an Employee Stock Ownership Plan.
• Obtained a temporary restraining order and preliminary injunction on behalf of a leading biopharmaceutical company while appealing an adverse administrative ruling.

Pro bono representation is also an important part of Mr. Prussia's practice. In 2009, Mr. Prussia represented the ACLU of Massachusetts in an amicus submission to the Massachusetts Supreme Judicial Court concerning the lawful boundaries of pat frisks under the Fourth Amendment. In a May 2010 decision, the Supreme Judicial Court abrogated nearly 20 year-old precedent and adopted the position advanced by the ACLU.

Professional Activities

From 2008 to 2010, Mr. Prussia was on the part-time faculty at Boston University School of Law, where he taught a seminar in the Legal Writing Program.

Prior to attending law school, Mr. Prussia was an assistant director of admissions for New York University's Office of Undergraduate Admissions.

Honors and Awards

Mr. Prussia received an Honorable Mention in the Food and Drug Law Institute's 2005-2006 H. Thomas Austern Short Paper Writing Awards Competition (for papers 40 pages or less) for his paper titled: "Compulsory Patent Licensure: An Answer for Stranded Clinical Trial Participants?"

Community Involvement

Mr. Prussia serves on the Board of Directors for the ACLU of Massachusetts.