Since joining Goodwin Procter, Mr. Jay has handled complex litigation matters in the Supreme Court; in the First, Second, Third, Fourth, Fifth, Seventh, Eighth, Ninth, Eleventh, D.C. and Federal Circuits; in several state appellate courts; and in various trial courts and administrative agencies. His recent significant representations include:
- Persuading the Supreme Court to grant certiorari in two significant intellectual property cases:
Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc.: The Supreme Court agreed to take up the subject of patent claim construction for the first time in nearly 20 years and hear Teva’s challenge to the Federal Circuit’s longstanding precedent insisting on reviewing factual issues de novo. Mr. Jay was counsel of record on the successful petition for certiorari and the merits briefs and argued the case in October 2014. In January 2015, the Supreme Court agreed with Teva’s arguments by a vote of 7-2, vacating a Federal Circuit decision that had invalidated patent protection for Teva’s blockbuster multiple sclerosis drug, Copaxone® 20mg.
B&B Hardware, Inc. v. Hargis Industries, Inc.: This trademark case affects both infringement litigation in district court and litigation before the Trademark Trial and Appeal Board. The legal issue the Supreme Court will decide is whether one tribunal’s decision on the “likelihood of confusion” between two trademarks is binding in other tribunals as well. Mr. Jay was counsel of record on the successful petition for certiorari and the merits briefs and argued the case in December 2014.
- Orally arguing Securities Act claims and securing a victory on behalf of Municipal Mortgage & Equity and several of its former and current officers and directors when the Fourth Circuit affirmed the dismissal of claims that the company made false statements in the registration statement for its 2005 secondary public offering.
- Successfully defending, in the Fourth Circuit, a complete defense victory at trial in a certified class action under the Real Estate Settlement Procedures Act. Mr. Jay co-authored the successful briefs and argued the appeal. Mr. Jay also co-authored the successful appellate briefs in a companion case (involving another certified class) under the Maryland Finder’s Fee Act, in which the Fourth Circuit also affirmed a complete defense victory.
- Achieving a victory before the Second Circuit on behalf of the independent trustees of a group of mutual funds. The Second Circuit’s decision vindicated the corporate governance rights of the board of a registered investment company organized as a Massachusetts business trust.
- Successfully winning rehearing en banc in the First Circuit on behalf of a national bank in a putative nationwide class action, and co-authoring briefs that won a complete victory on rehearing en banc.
- Persuading the First Circuit to affirm dismissal of an unfair business practices action against a logistics company.
- Representing leading technology and pharmaceutical companies in patent appeals to the Federal Circuit and in successfully opposing Supreme Court review of favorable Federal Circuit decisions.
- Serving as lead counsel for an industry intervenor in a significant environmental case under the Endangered Species Act and Administrative Procedure Act.
Representing amici curiae in the Supreme Court and courts of appeals, in cases involving securities, antitrust, federal preemption of state law, ERISA, patent law, false advertising, and the Foreign Sovereign Immunities Act. Mr. Jay’s amicus clients have included IBM, RichRelevance Inc., the Generic Pharmaceutical Association, the U.S. Chamber of Commerce, the Business Roundtable, the Securities Industry and Financial Markets Association, the American Council of Life Insurers, the American Bankers Association, the Mortgage Bankers Association, the National Mining Association, the American Library Association, and America’s Health Insurance Plans.