Jeremy A. Younkin

Representative Experience

• Representing Elysium Health in defense of District of Delaware lawsuit alleging infringement of two patents related to nicotinamide riboside.  Obtained PTAB ruling invalidating half the claims of the asserted patents as anticipated by the prior art and district court summary judgment ruling invalidating the other half under 35 U.S.C. §101.  
• Represented Celsee in District of Delaware patent infringement and false advertising dispute with 10x Genomics concerning instruments for single-cell analysis and associated consumables.  Case settled shortly before trial.  
• Represented University of Massachusetts in dispute over ownership of patents and patent applications involving siRNA technology.  Obtained Consent Judgment confirming UMass’ ownership rights.
• Lead counsel for all five respondents in ITC investigation concerning lip balm products. Complainants withdrew their complaint against three respondents after we moved to terminate the investigation. The investigation was terminated as to the other two on the basis of settlement agreements.  
• Trial counsel for 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 in Maryland state court, after an eight-day trial, that MedImmune must continue to pay royalties. Judgment affirmed on appeal.
• Represented Biogen 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 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 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).
• Trial counsel for respondents in ITC investigation concerning two patents related to the use of genetically engineered bacteria to produce lysine.  Won ITC ruling invalidating both patents and finding that patent owner had committed inequitable conduct.  On appeal, the Federal Circuit affirmed.  Ajinomoto Co., Inc. v. ITC, 597 F.3d. 1267 (2010).
• Trial counsel for 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.