Emily R. Whelan

Emily R. Whelan is a partner at Wilmer Cutler Pickering Hale and Dorr LLP (WilmerHale) where she spearheads the IP litigation in the life sciences sector and leads the firm's Intellectual Property Department. Her practice focuses on patent litigation, Patent Office practice, and counseling primarily within the life sciences, including chemistry, biotechnology, and pharmaceuticals. She also has experience with inter partes reviews in semiconductor fields and patent prosecution in chemical technologies, such as new battery materials.

Whelan predominantly represents innovator pharmaceutical companies in patent infringement litigation, including ANDA and biosimilar cases. Her tracked case history consistently shows appearances on the plaintiff side, representing clients like Merck Serono SA and Merck KGaA in pharmaceutical patent disputes.

A significant portion of her practice involves Patent Office post-grant proceedings, including inter partes review (IPR) and reexamination. She is a member of the PTAB Bar Association and was recognized among the "Top 50 Women in PTAB Trials" in 2019 and 2021 by the PTAB Bar Association. Notably, she represented Merck Serono SA in its litigation against TWI Pharmaceuticals Inc. and Merck KGaA against Hopewell Pharma Ventures, Inc. These cases involved patents for Merck's multiple sclerosis drug, Mavenclad® (cladribine), where the Federal Circuit, in October 2025, affirmed PTAB decisions invalidating the asserted patent claims as obvious, following successful IPRs by the defendants.

Ms. Whelan earned her JD from Harvard Law School and an AB in Chemistry, summa cum laude and Phi Beta Kappa, from Cornell University. She is admitted to practice in Massachusetts and before the U.S. Patent and Trademark Office.