Jennifer L.Swize

Partner

Washington + 1.202.879.5417

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Jennifer Swize is an experienced appellate advocate, with a particular focus on patent appeals before the Federal Circuit. Jennifer regularly leads, briefs, and argues appeals before the Federal Circuit. Her experience includes a wide variety of patent-specific issues and doctrines, as well as administrative law and other interdisciplinary areas. She has handled appeals arising from jury trials, Hatch-Waxman bench trials, summary judgment, and Patent Office proceedings including IPRs (inter partes reviews) and PGRs (post-grant reviews), with a breadth of experience in claim construction, infringement, validity, and other liability and remedy issues, and for various industries, products, and patented technologies, including electronics, automotive, and pharmaceuticals. Jennifer's practice also includes Supreme Court patent cases.

Jennifer leverages her patent and appellate experience at courts and agencies of first instance. In district court litigation, she is regularly embedded on teams for strategy and to handle dispositive and other critical motions and issues before, during, and after trial.

Jennifer is actively involved in Firm recruiting and mentoring and serves on the Women in IP Committee and the Washington Office Recruiting Committee. She also sits on the board of directors for the nonprofit organization Domestic Violence Legal Empowerment and Appeals Project (DV LEAP) and has represented domestic violence survivors on appeal. Her active pro bono practice also includes immigration appeals, including successfully arguing a Fourth Circuit appeal that resulted in groundbreaking asylum law.

Experience

  • R.J. Reynolds successfully enforces patents in ITC trial against Philip Morris in dispute over cigarette alternativeJones Day's client Reynolds achieved a precedent-setting victory before the International Trade Commission (ITC) against its main competitors Philip Morris Products S.A. ("Philip Morris") and Altria Client Services LLC ("Altria") in a patent infringement dispute involving tobacco heating and vaping products.
  • Ricoh obtains Federal Circuit affirmance of order on non-infringement and indefiniteness in patent case relating to office and production printer technologyOn behalf of Ricoh USA, Inc., Jones Day prevailed before the Federal Circuit, obtaining a Rule 36 affirmance of the district court’s decisions dismissing two patents for indefiniteness at the Markman stage and granting summary judgment of non-infringement on the five remaining patents.
  • Qualcomm wins Federal Circuit appeal on statutory interpretation that "applicant admitted prior art" cannot form the basis of an IPROn behalf of Qualcomm Incorporated, Jones Day won a Federal Circuit appeal on a novel issue of statutory interpretation of the America Invents Act (AIA).
  • Ocular secures win at the Federal Circuit on its IPR challengeJones Day successfully represented Ocular Therapeutix, Inc., a biopharmaceutical company that develops treatments for the eye, in upholding its inter partes review win against a patent of competitor Mati Therapeutics, Inc.
  • Merck resolves trade secret dispute involving vaccineJones Day represented Merck Sharp & Dohme Corp. as plaintiff in a trade secret lawsuit filed in the Eastern District of Pennsylvania against Pfizer Inc. and a former Merck employee.
  • Qualcomm obtains remand from Federal Circuit based on PTAB's denial of due processJones Day successfully convinced the Federal Circuit to remand the Patent Trial and Appeal Board's ("PTAB's") January 2020 Final Written Decision finding challenged claims of Qualcomm Incorporated's U.S. Pat. No. 9,608,675 ("Power tracker for multiple transmit signals sent simultaneously") unpatentable in six inter partes review ("IPR") proceedings filed by Intel Corporation.
  • PI Advanced Materials obtains CAFC affirmance of summary judgment win in patent case regarding polyimide filmsJones Day successfully obtained a Federal Circuit affirmance of a summary judgment win of non-infringement on behalf of PI Advanced Materials Co., Ltd. ("PIAM", formerly SKC Kolon PI, Inc. ("SKPI")).
  • Sloan Kettering and Juno Therapeutics win over $1.1 billion after jury verdict and post-trial motions in patent dispute with Kite Pharma/Gilead involving CAR-T therapyOn behalf of patentee Sloan Kettering Institute and exclusive licensee Juno Therapeutics (a subsidiary of Celgene Corporation, a Bristol Myers Squibb company), Jones Day and co-counsel prevailed in a jury trial that spanned eight days and involved 22 witnesses, wherein the jury awarded our clients $752 million in compensation for the infringement of their patents by Kite Pharma, Inc. (a Gilead Sciences, Inc. company) through the making and selling of its infringing CAR-T therapy, YESCARTA®.
  • Allergan defends JUVEDERM® patents against nine IPR petitions filed by ProlleniumJones Day is representing Allergan, Inc. before the U.S. Patent Trial and Appeal Board ("PTAB") on nine IPR petitions filed by Prollenium challenging multiple patents covering certain of Allergan's JUVEDERM® products, hyaluronic acid-based dermal fillers that include the anesthetic lidocaine.
  • Merck obtains Federal Circuit affirmance of unpatentability ruling relating to antifungal drugsJones Day defended Merck Sharp & Dohme Corp.'s victory before the U.S. Patent and Trademark Office Patent Trial and Appeal Board (PTAB), which held that Mayne Pharma International Pty's patent claims related to antifungal drugs were unpatentable.
  • Idenix wins $2.54 billion jury verdict in Gilead patent dispute involving hepatitis C drugsAfter a nine day trial and less than two hours of jury deliberation, Jones Day, on behalf of Idenix Pharmaceuticals LLC (a subsidiary of Merck & Co.), won the largest patent infringement verdict in U.S. history to date, involving a multi-billion dollar patent dispute with Gilead Sciences Inc. over sofosbuvir, the active ingredient in Gilead’s hepatitis C drugs Sovaldi® and Harvoni®.
  • Purdue Pharma successfully resolves Hatch-Waxman patent infringement claims against Amneal and Kashiv related to OxyContin®Jones Day successfully represented Purdue Pharma L.P. in related Hatch-Waxman patent infringement actions against defendants Amneal Pharmaceuticals, LLC and Kashiv Pharma, LLC, pertaining to the submission of an Abbreviated New Drug Application to the FDA seeking approval of generic versions of OxyContin®, a widely prescribed treatment for pain relief.
  • Purdue Pharma asserts patent infringement claims under Hatch-Waxman Act related to OxyContin® against MylanJones Day successfully represented Purdue Pharma L.P. in a Hatch-Waxman patent infringement action against defendants, relating to the defendants' submission of an Abbreviated New Drug Application to the FDA seeking approval of generic versions of OxyContin®, a widely prescribed treatment for pain relief.
  • Jones Day wins resentencing for juvenile sentenced to life without paroleA team from Jones Day Dallas and Jones Day Washington prevailed in challenging the constitutionality of two sentences of life without parole imposed on a minor.
  • Celgene wins in Federal Circuit appeal affirming invalidity of patent asserted against Thalomid® and Revlimid® brand cancer drugsJones Day successfully defended Celgene Corporation in a patent infringement case brought in the United States District Court for the District of Delaware by Andrulis Pharmaceuticals Corporation, which alleged that Celgene's THALOMID® and REVLIMID® brand cancer drugs infringed U.S. Patent No. 6,140,346 ("'346 patent").
  • Purdue Pharma asserts patent infringement claims under Hatch-Waxman Act related to OxyContin® against KVK-Tech and AbhaiJones Day is representing Purdue Pharma L.P. in a Hatch-Waxman patent infringement action against defendants, relating to the defendants' submission of an Abbreviated New Drug Application to the FDA seeking approval of generic versions of OxyContin®, a widely prescribed treatment for pain relief.
  • Celgene wins in district court case, invalidating patent asserted against its Thalomid® and Revlimid® brand cancer drugsJones Day successfully defended Celgene Corporation in a patent infringement case brought in the United States District Court for the District of Delaware by Andrulis Pharmaceuticals Corporation, which alleged that Celgene's THALOMID® and REVLIMID® brand cancer drugs infringed U.S. Patent No. 6,140,346 ("'346 patent").
  • Manufacturer of medical equipment obtains dismissal of False Claims Act qui tam action related to patent applicationsA manufacturer of medical equipment represented by Jones Day obtained dismissal of a False Claims Act qui tam action in which the relator alleged that the manufacturer lied on the patent applications for one of its medical products, making the patents invalid and unenforceable.
  • Man choked and shot by Baltimore police officers wins $2 million judgment on retrialOn August 11, 2014, a civil jury in the Circuit Court for Baltimore City awarded FenYanga Muhammad $2 million in compensatory damages for malicious prosecution by Baltimore Police Department Officer Donald Muir, Jr.
  • Myriad Genetics obtains Supreme Court patent victory on synthetic DNA molecules relating to its breast and ovarian cancer testIn a closely-followed and highly-publicized case, Jones Day secured an important Supreme Court victory for Myriad Genetics, Inc. on the patent-eligibility of its composition-of-matter claims directed to complementary DNA, or cDNA—synthetic DNA molecules created by scientists in a laboratory.
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    June 14, 2023 Firm Hosted

    Women in IP Speaker Series: A Review From the Top: SCOTUS IP Decisions 2023

    June 9, 2022 Firm Hosted

    Women in IP Speaker Series: A View from the Top: A Conversation with Judge Kathleen M. O’Malley

    February 2022 Alert

    Honest Application Mistakes Do Not Invalidate Copyright Registration

    November 2021 Alert

    President Biden Selects District of Delaware Chief Judge Stark For Federal Circuit

    April 2021 Alert

    U.S. Supreme Court Ends Decade-Long Software Copyright Battle: Google Wins

    July 2020 Alert

    The Sum Is Greater Than Its Parts: U.S. Supreme Court Holds Booking.com Is a Protectable Trademark

    May 2020 Alert

    A Lucky Day for Lucky Brand: U.S. Supreme Court Rejects Second Circuit's Defense Preclusion Test

    May 2020 Alert

    Cutting Through the Redline: What Companies Need to Know About Proposed Amendments for Federal Circuit Arguments

    April 2020 Alert

    U.S. Supreme Court Rejects Georgia’s Copyright in Annotated Statutory Codes

    September 2019 Jones Day Publications

    Women in IP: Reviewing a "Scandalous Matter" at the Supreme Court
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    Additional Publications

    • 2011
      2010 Patent Law Decisions of the Federal Circuit: The Advent of "The Rader Court," 60 Am. U. L. Rev. 845
    • 2002
      Transracial Adoption and the Unblinkable Difference: Racial Dissimilarity Serving the Interests of Adopted Children, 88 Va. L. Rev. 1079 (2002)

    Speaking Engagements

    • August 4, 2011
      Global Patent Trends in Life Sciences
    • June 24, 2011
      Stanford v. Roche and the Implications of the Decision

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