Brenda Herschbach Jarrell - Choate Hall & Stewart LLP

Brenda Herschbach Jarrell

Listed in Best Lawyers since 2012

Dr. Jarrell is an IP lawyer with keen business savvy.  Her extensive technical credentials make her well versed in a wide variety of technologies in the biotech, pharmaceutical and specialty chemical industries.  Dr. Jarrell has experience representing all types of companies and institutions at all stages of the life sciences business lifecycle, as well as those who invest in them.  Through this broad experience she has gained a unique and valuable perspective on the progression of intellectual property assets, which enables her to take extra steps to align a company’s or institution’s IP portfolio with its business objectives. 

Dr. Jarrell is co-chair of the Life Sciences Group and chair of the Intellectual Property Group.  She has been named the 2012 Boston “Lawyer of the Year” for Biotechnology Law by Best Lawyers and is listed in IP Law & Business' prestigious Top 50 Under 45 List for 2008.  She was also named to the National Law Journal’s 40 Under 40 list and has been ranked among the top 50 women Massachusetts Super Lawyers.  Dr. Jarrell is listed by Chambers USA among the top attorneys in the country in their respective fields, by Best Lawyers in America and as a PLC - Which Lawyer for Intellectual Property.  She has been named a World’s Leading Patent Practitioner by IAM Patent 1000, an “IP Star” by Managing Intellectual Property and is listed in The Legal 500.

Practice Focus

Intellectual Property Prosecution:
  management of complex patent portfolios, strategic landscape and freedom-to-operate reviews, patentability, infringement and inventorship opinions with specific expertise in small molecule, protein, nucleic acid and antibody therapeutics, vaccines, diagnostic agents and genetic engineering.

Intellectual Property Litigation:  assist in patent infringement cases within the life sciences and pharmaceutical industries.

Technology Transactions & Licensing:  assist clients in structuring and negotiating license agreements, research collaborations and strategic alliances based on technology and intellectual property assets.

Investment Counsel:  assist investors of all types in assessing the technology and intellectual property assets and risks associated with potential target investments.

Representative Engagements

· Ongoing representation of several biotech and pharmaceutical companies with respect to IP protection and strategic partnerships. 
· Advise international pharmaceutical company with respect to managing IP portfolio protecting commercial products and with respect to ongoing relationship with collaborator. 
· Advise university client with regard to portfolio of clinical-stage pharmaceuticals licensed to small pharmaceutical company and sublicensed to large multinational company.
· Advise various biotech clients with biosimilars technologies in regard to protecting and positioning of IP portfolios in that developing landscape.
· Advise agricultural clients morphing their focus and strategy to protect and partner green-technology initiatives.
· Advise several clients with staged product portfolios including pharmaceutical, cosmetic and/or nutraceutical products based on proprietary active ingredients. 
· Strategic representation of small clinical stage pharmaceutical company with regard to protection of its key product and management of its relationship with large pharmaceutical partner.
· IP counsel to major pharmaceutical company for several product portfolios in areas of small molecule therapeutics, biologics and vaccines.

Publications and Presentations

· “The Noneffect of Myriad on Personalized Medicine,” co-author, IP Law360, July 2013. · “Formulating a Biosimilars Patent Strategy Following the Implementation of the FDA’s Approval Pathway,” speaker, American Conference Institute’s Advanced Forum on Biotech Patents, Boston, November 2012.
· “Will Prometheus & Myriad change the world? What do they really mean for the Biotechnology Industry?” moderator, BIO IP Counsels Committee Fall Conference and Meeting, Charleston, SC, November 2012.
· “Innovation Spotlight: All About Biomarkers,” speaker, Memorial Sloan-Kettering Cancer Center, New York, November 2012.
· “Sequenom: Breadth of ‘540 Patent Creates Vulnerability to Validity Challenge Despite Strength of Claims – Attorneys,” quoted, BioPharm Insight, February 2012.
· “Patent on Genetic Data Raise Legal Questions on Rights to DNA,” quoted, Bloomberg, February 2012.
· “Intellectual Property in Emerging Markets,” speaker, BIOtechNOW podcast, December 2010.
· “Getting Funded: Canadian Success Stories,” panel co-moderator, BioContact, Quebec, October 2010.
· “Are Biotech Inventions Still Protectable?,” co-author, Genetic Engineering & Biotechnology News, June 2010.
· "Is Ariad v Eli Lilly good or bad," co-author, Choate News Alert, March 2010. 
· "Are your biotech inventions still patentable?," co-author, Choate News Alert, March 2010.
· “After years of shoring up portfolio companies, VC funders are slowly regaining their appetite for new biotech investments,” quoted, Boston Business Journal, February 2010.
· “Recent Decisions Curtail Personalized Medicine,” co-author, Genetic Engineering & Biotechnology News, May 2009.
· “Entering the World of Industry and Other Non-Academic Careers” panelist, National Symposium on the Advancement of Women in Science, Harvard University, February 2009.
· "Quanta & Patent Exhaustion: the Effects on the Life Sciences Industry,” panelist, Bio IPCC Conference, Orlando, FL, October 2008.
· “Partnering with Big Pharma: 2007 Global Perspective,” panelist, Biomedex 2007, Montreal, Canada.
· “Seismic Shift: Groundbreaking Changes in Patent Development, Licensing and Protection” panelist, Association of Corporate Counsel Northeast Chapter Seminar, Boston, MA, January 2007.
· “Practical Tips for Initiating Strategic Partnerships in the US,” co-moderator, BioContact 2006, Quebec, Canada.
· “Under Your Very Nose: US VCs with offices in Montreal,” presenter, Biomedex 2006, Montreal, Canada.
· “Life Cycle-Management,” presenter, IQPC Pharmaceutical & Biotech Patent Strategies, Philadelphia, PA, September 2006.
· “Biotech Hot Topics,” panelist, BBA CLE Seminar, Boston, MA, May 2004.
· “FDA Regulation and the Military: Is There a Compromise in the Battle over Investigational Drugs?,”  first author, Food & Drug Law, 1997.
· “The Yeast a2 Protein Directs Transcriptional Repression In Vitro,” first author, Nature, 1994.
· “Transcriptional Repression in Eukaryotes,” first author, Annual Review of Cell Biology, 1993.
· “The Yeast a2 Protein Can Repress Transcription by RNA Polymerases I and II But Not III,” first author, Molecular and Cell Biology, 1993.
· “The Yeast a2 Protein Can Repress Transcription by RNA Polymerases I and II But Not III,” presenter, Nucleic Acids Gordon Conference, 1992.
· “Studies of Transcriptional Repression in Yeast,” presenter, JAMS Conference, Aomori, Japan, 1990.

Professional and Community Involvement

Dr. Jarrell is a member of the firm’s Executive Committee.

Harvard UniversityAB 1988Harvard UniversityMA 1988University of California San FranciscoPh.D. 1993Harvard Law SchoolJ.D. 1998

Office Location

Two International Place
Boston, MA 02110
United States

Lawyer of the Year Awards

2016 Lawyer of the Year in Biotechnology Law of the Boston Metro Area2012 Lawyer of the Year in Biotechnology Law of the Boston Metro Area
Brenda Herschbach Jarrell has earned a Lawyer of the Year award for 2016!Brenda Herschbach Jarrell has earned a Lawyer of the Year award for 2012!

Practice Areas

Biotechnology Law
Patent Law