Jeremy A. Younkin

Partner - Boston

Jeremy Younkin
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Jeremy Younkin represents clients in patent litigation and other intellectual property matters. He also handles technology-related commercial disputes.

Jeremy has represented a variety of clients – from start-ups to public companies – in litigation involving a range of technologies, including biotechnology, business methods, consumer products, and mechanical systems. Jeremy has successfully tried cases in state and federal court and the International Trade Commission. He also completed a rotation in the Norfolk County District Attorney’s Office, where he tried several criminal cases to verdict. Jeremy has achieved favorable pre-trial results for clients, including through dispositive motions or settlements, and has represented clients in appeals before the Court of Appeals for the Federal Circuit and other appellate courts.

Education:

  • Harvard Law School, J.D., cum laude
  • Carleton College, B.A., magna cum laude
  • Clerkship: Honorable Lawrence E. Kahn, U.S. District Court for the Northern District of New York

Representative Experience

  • Representing Massachusetts Biologic Laboratories of the University of Massachusetts in dispute regarding MedImmune’s royalty obligations under an agreement covering Synagis®, an anti-RSV monoclonal antibody. Won ruling, after an eight-day trial, that MedImmune must continue to pay royalties. Judgment affirmed on appeal.
  • Represented respondents OraLabs, CVS, Walgreens, Five Below and Wuxi Sunmart in ITC investigation concerning lip balm products. Complainants withdrew their complaint against CVS, Walgreens and Five Below after we moved to terminate the investigation. The investigation was terminated as to OraLabs and Wuxi Sunmart on the basis of settlement agreements.  
  • Represented start-up technology company and large retailer in District of Delaware patent dispute regarding mobile app for pharmacies. Obtained favorable settlement.
  • Represented Biogen Idec in defense of patent infringement suit brought by Classen Immunotherapies in District of Maryland. Obtained dismissal of all claims with prejudice, an “exceptional” case finding under 35 U.S.C. § 285, and award of attorneys’ fees.
  • Represented Biogen Idec in District of Delaware patent dispute with Novartis in which Novartis claimed that use of the GS Gene Expression System ™ to make biologics infringed Novartis’ patent. Obtained favorable settlement weeks before trial and during the pendency of motions for summary judgment of invalidity and non-infringement.
  • Represented eight respondents, including European paper manufacturer, in ITC investigation regarding low ignition propensity paper technology. Obtained settlement and worldwide license days before trial.
  • Successfully defended 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 granted summary judgment of non-infringement and the Federal Circuit affirmed. Sanofi-Aventis Deutschland GmbH v. Genentech, Inc. and Biogen Idec, 473 Fed. Appx. 885 (Fed. Cir. March 22, 2012).
  • Won ruling on behalf of Chinese lysine producer Global Bio-Chem Technology Group Company Limited, first in the International Trade Commission and then in the Federal Circuit, that two biotechnology patents owned by Ajinomoto were invalid and that Ajinomoto had committed inequitable conduct. 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. Obtained jury verdict invalidating the sole asserted claim. Plaintiff did not appeal.
  • Defended inventors in contract action brought by former employer regarding rights to patent applications. After international discovery, the case was successfully settled.
  • Author, Indemnification Issues in Patent Infringement Cases, Corporate Counsel (February 2015)
  • 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)

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Honors

  • 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)

Involvement

  • Boston Patent Law Association, Co-chair of Litigation Committee
  • Intellectual Property Owners Association, Member
  • American Bar Association, ITC Committee, Member 
  • Massachusetts Bar Association, Member 
  • Boston Bar Association, Member
  • Speaker, "IP Agreements: Structuring Indemnification and Limitation of Liability Provisions to Allocate Infringement Risk," Strafford CLE Webinar (September 2015)
  • 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 (September 2009)
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Bar Admissions

  • Massachusetts

Court Admissions

  • U.S. Court of Appeals Federal Circuit
  • U.S. District Court for the District of Massachusetts
  • U.S. Court of Appeals First Circuit
  • U.S. District Court for the Eastern District of Texas