Willy Jay is a partner in and co-chair of Goodwin Procter’s Appellate Litigation Practice and is head of the Litigation Department in the firm’s Washington, D.C. office. A former Assistant to the Solicitor General, Mr. Jay has extensive experience with litigation in the U.S. Supreme Court and U.S. Courts of Appeals. He has argued 13 cases before the Supreme Court, briefed more than 30 cases on the merits and briefed more than 150 cases at the certiorari stage. In the 2014 Term, he argued and won two significant intellectual-property cases before the Supreme Court, both by a vote of 7-2: Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc., a landmark patent case setting a new standard of review for claim construction, and B&B Hardware, Inc. v. Hargis Industries, Inc., an important decision on the intersection between agency decisions and IP litigation. Mr. Jay also has significant experience with cases in the Court’s original jurisdiction.
Mr. Jay has handled cases in every federal court of appeals as well. He has personally briefed or argued more than 40 appellate cases, both in private practice and on behalf of the U.S. Department of Justice’s Environment, Criminal and Civil Divisions, and he has participated in numerous appellate matters involving government appeals or amicus participation.
Chambers USA: America’s Leading Lawyers for Business described Mr. Jay as “a ‘true talent' who earns rave reviews from his peers.” Mr. Jay is also listed in Legal500 and Best Lawyers in America. He has been named “Litigator of the Week” by the AmLaw Litigation Daily and a “Rising Star” by both the National Law Journal and Law360.
Mr. Jay has particular experience in appellate cases involving intellectual property (including patent, copyright, and trademark law), administrative law (with a particular focus on pharmaceutical regulation), environmental law, class action practice, federal preemption of state law, and the First Amendment (including campaign finance regulation, election law, and election crimes).