Jeremy Younkin represents clients in patent litigation and other technology-related disputes.
Jeremy has represented clients in patent infringement suits involving a variety of technologies, including biotechnology, mechanical systems and business methods. He also has represented clients in contract disputes and other commercial controversies relating to intellectual property.
Jeremy has experience litigating in federal and state trial courts, the Court of Appeals for the Federal Circuit and the International Trade Commission. He has represented clients in jury and bench trials and completed a rotation in the Norfolk County District Attorney's Office, where he tried ten cases to verdict.
Before joining Foley Hoag, Jeremy served as law clerk for the Honorable Lawrence E. Kahn of the U.S. District Court for the Northern District of New York.
Representative Experience
The following is a brief summary of Jeremy's experience and accomplishments:
· Currently representing Biogen Idec in patent dispute with Sanofi-Aventis Deutschland involving patents directed to human CMV regulatory sequences. Obtained writ of mandamus from the Federal Circuit ordering the Eastern District of Texas to transfer the case to the Northern District of California. See In re Genentech, Inc. and Biogen Idec Inc., 566 F.3d 1338 (Fed. Cir. 2009). The district court recently granted summary judgment to defendents.
· Represented eight respondents including European paper manufacturer in ITC investigation regarding low ignition propensity paper technology. Obtained settlement and worldwide license before trial.
· Successfully defended a Chinese biotechnology company in patent litigation in the ITC. After a trial, the ITC held that all of the asserted claims were invalid and found that one of the asserted patents was unenforceable. The Federal Circuit affirmed the ITC ruling. See Ajinomoto Co., Inc. v. ITC, 597 F.3d 1267 (2010).
· Successfully defended a leading manufacturer of mobile satellite dish systems in patent litigation in the District of Minnesota, obtaining a jury verdict invalidating the claim asserted against our client.
· Filed an amicus brief in the United States Court of Appeals for the Federal Circuit on behalf of the Biotechnology Industry Organization (BIO) in Amgen v. Hoffmann-La Roche, concerning the standards for granting injunctions in patent cases.
· Defended inventors against claim by former employer over rights to patent applications. After conducting international discovery, the case was successfully settled.
Professional / Civic Involvement
· Intellectual Property Owners Association, Discovery Committee, Vice Chair
· American Bar Association, ITC Committee, Member
· Massachusetts Bar Association, Member
· Boston Bar Association, Member
Speeches and Conferences
· Speaker, "Shifting Sands: What is Discoverable and Admissible for Damages, Willfulness and Other Purposes," IPO Continuing Legal Education Roundtable (March 2011)
· Speaker, "Local Model Patent Rules," IPO Annual Meeting (Sept. 2009)
Publications
· Contributing author, Annual Review of Intellectual Property Law Developments, ABA Section of Intellectual Property Law (2010)
· Co-author, Facing ITC Investigation? What Chinese Biotechnology Companies Should Know About Patent Litigation in the United States International Trade Commission, ASIA PACIFIC BIOTECH NEWS (July 2009)
Honors/Awards
Listed as a 'Rising Star' in Intellectual Property Litigation , Super Lawyers' Massachusetts Rising Stars: A Comprehensive Listing of the Best Young Lawyers in Massachusetts (2007, 2008, 2009, 2010)
Nathan Burkan Memorial Copyright Writing Competition, Second Prize, 2002 (Harvard Law School)