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.
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
