Wyley S. Proctor

Partner

265 Franklin St.
Boston, MA 02110
wproctor@mccarter.com

An experienced intellectual property attorney, Wyley litigates patent, trademark, copyright, trade secret, and patent-related antitrust disputes in federal court, before the United States International Trade Commission, and at the United States Patent and Trademark Office.

Her practice covers a wide range of technologies, from pharmaceutical products and genetic engineering tools to software and cell phones. In particular, Wyley has extensive experience with pharmaceutical patent litigation, representing owners of blockbuster drugs under the Hatch-Waxman Act and litigating inter partes reviews.

Representative Matters

  • As lead counsel, achieved highly favorable settlement for clothing company in multi-jurisdictional patent infringement dispute (District of Massachusetts; Eastern District of New York)
  • Won motion to vacate Patent Trial and Appeal Board inter partes review decisions on behalf of pharmaceutical company (Court of Appeals for the Federal Circuit)
  • Won motion to dismiss complaint alleging pay-for-delay Hatch-Waxman settlement on behalf of Fortune Global 500 pharmaceutical company (District of Massachusetts; Court of Appeals for the First Circuit)
  • Won jury verdict of patent invalidity for cutting-edge genetic engineering company (District of Delaware)
  • Won motion to dismiss appeal of patent reexamination decision on behalf of international analytical technologies company (Court of Appeals for the Federal Circuit)
  • Won summary judgment of no trademark infringement on behalf of national charity organization (Southern District of Florida)
  • Represented pharmaceutical companies in blockbuster Hatch-Waxman litigation resulting in highly favorable settlements (District of Delaware; District of New Jersey)

Wyley is committed to public service. She is a zealous pro bono advocate, fighting for victims of domestic violence in divorce and custody cases. She is also active in numerous children’s and pro bono organizations, including serving on the Massachusetts Bar Association’s Access to Justice Section Council, the Advisory Committee of Bet Tzedek Legal Services, the Board of Friends of the Children Boston, and as a volunteer attorney with the Women’s Bar Foundation.

Prior to joining McCarter & English, Wyley practiced at Wilmer Cutler Pickering Hale and Dorr LLP focusing on intellectual property litigation.

Wyley has been recognized in Massachusetts Super Lawyers as a "Rising Star" in 2016. Super Lawyers is published by Thomson Reuters. Click here for their methodology. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.

Education

  • J.D., Duke University School of Law, 2006
  • B.A., Yale College, Economics, 2002

Bar Admissions

Massachusetts