Jeremy A. Younkin

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.