Nunnally, Allen C.

Allen Nunnally is a counsel in the firm's Litigation/Controversy Department, and a member of the Intellectual Property Litigation Practice Group. He joined the firm in 2002.

Practice

Mr. Nunnally's practice focuses on intellectual property disputes, with an emphasis on patent litigation and appeals. He has particular experience in the life sciences area and with Hatch-Waxman (ANDA) litigation.

Mr. Nunnally has represented clients in patent and trade secret litigation and appeals involving various technologies, including pharmaceutical products, genetic molecules, recombinant proteins, software, cellular and wireless devices, automobile sound systems and computer virtualization systems. Mr. Nunnally holds a bachelor’s degree in biology and is the author of several publications on intellectual property in the biotechnology and pharmaceutical industries. Mr. Nunnally also has experience in other civil litigation contexts, including antitrust, contract, real estate and election law.

Mr. Nunnally has frequently represented non-profit organizations focusing on youth, education and community outreach in various matters on a pro bono basis. In addition, Mr. Nunnally provides pro bono legal services to indigent clients in matters such as unemployment benefits, and Social Security disability benefits appeals.

Mr. Nunnally is admitted to practice in the Commonwealth of Massachusetts and the District of Columbia, and before the United States Court of Appeals for the Federal Circuit and the United States District Court for the District of Massachusetts.

Recent Highlights

During the last several years, Mr. Nunnally has:

• Successfully represented a Fortune Global 500 company in multi-billion dollar ANDA litigation and subsequent appeal relating to patent covering blockbuster pharmaceutical product.
• Represented multiple Fortune Global 500 companies in achieving favorable settlements of multi-billion dollar ANDA litigation following expert discovery.
• Served as appellate counsel for amici curae on a brief at the Federal Circuit regarding patent eligibility of certain genetic molecules.
• Served as special in-house counsel to a biotechnology start-up that performs comprehensive cancer genome analysis, providing advice on a broad range of intellectual property, transactional and other issues.
• Provided general counsel to and represented a biotechnology start-up in a patent case relating to molecular genetics and recombinant proteins, achieving a stay of litigation after obtaining rejections of the asserted claims in inter partes reexamination at the PTO.
• Represented a leading agricultural company in a test case prompting Federal Circuit to articulate utility standard for certain genetic molecules.
• Achieved dismissal of a patent infringement suit brought against a client offering pharmaceutical supply chain tracking software.
• Advised various clients on critical developments and trends in patent law.
• Achieved summary judgment on an issue of first impression under a new statute concerning a development project for leading national retailer.
• Obtained a $700,000 payment from a major municipality in a settlement of dispute for a non-profit pro bono client that provides after-school services to disadvantaged students.

Professional Activities

Mr. Nunnally is a member of the Intellectual Property Section of the American Bar Association, as well as the Massachusetts Bar Association and the Boston Bar Association.

Mr. Nunnally served as the Guest Editor for the Symposium on Pharmacogenomics in the Summer 2006 issue of Jurimetrics, The Journal of Law, Science, and Technology.

Honors and Awards

In 2006, Mr. Nunnally was selected for the inaugural edition of Who's Who of Emerging Leaders. He is also listed in Who’s Who in America.

Recent Publications

• Allen C. Nunnally, "Intellectual Property Perspectives in Pharmacogenomics," 46 Jurimetrics J. 249 (Spring 2006).
• William F. Lee, Seth P. Waxman, Henry N. Wixon, Richard W. O'Neill and Allen C. Nunnally, "Limits on Patentability in Life Sciences: Claims Covering Expressed Sequence Tags," Sedona Conf. J. 95 (Fall 2005).
• Allen C. Nunnally, et al., "Patent Protection in the Biotechnology Industry," 8 Community Genet 209-216 (October 2005).
• Allen C. Nunnally, et al., "Intellectual Property and Commercial Aspects of Pharmacogenomics," in Pharmacogenomics: Social, Ethical, and Clinical Dimensions (Mark A. Rothstein ed., Wiley 2003).
• Allen C. Nunnally, "Commercialized Genetic Testing: The Role of Corporate Biotechnology in the New Genetic Age," 8 B.U. J. Sci. Tech. L. 306 (2002).
• James C. Burling and Allen C. Nunnally, "Litigation Regarding Orange Book Patent Listings," presented at the American Conference Institute Prescription Drug Pricing Seminar (2002).

Speaking Engagements

• 2011 Biotechnology Industry Organization International Convention: "The Myriad Genetics Case: Patentability of Isolated DNA and Related Methods Under §101," Washington DC.
• International Bar Association Annual Conference: Medicine and the Law, "Intellectual Property Perspectives in Pharmacogenomics" Prague, Czech Republic - September 2005.
• In 2008 and 2009, Mr. Nunnally served as a panelist for the Boston Bar Association's Board Service Day, speaking on his non-profit board experiences.

Community Involvement

Mr. Nunnally serves on the board of directors and as clerk of Friends of the Children—Boston, a non-profit organization that provides long-term mentoring to at-risk children in the inner city. He also serves on the board of trustees of the Community Charter School of Cambridge. Mr. Nunnally has participated regularly as a teacher in the James D. St. Clair Discovering Justice-Citizen Schools Mock Trial Program, which teaches trial advocacy skills to inner city students.

In 2008, Mr. Nunnally served in a volunteer counsel capacity in connection with election law controversy and voter protection activities for the US presidential primaries and general election. In 2004, Mr. Nunnally was also extensively involved in voter protection and election law compliance efforts for the US presidential election.