Jennifer L.Swize

Partner

(T) + 1.202.879.5417

Jennifer Swize is an experienced appellate advocate, with particular focus on patent appeals before the Federal Circuit. Jennifer has argued Federal Circuit appeals and led and coauthored briefs. Her experience includes appeals from district court jury trials, Hatch-Waxman cases, and summary judgment, as well as appeals from Patent Office proceedings. She also has a wide of variety of experience in products and patented technologies, including software and satellite technologies and pharmaceuticals. Her practice also includes Supreme Court patent cases.

Jennifer leverages her patent experience at the trial level. She regularly represents parties in district court litigation, handling dispositive and other critical motions before, during, and after trial, and she also advises on Patent Office proceedings. Recently, Jennifer was a member of the team that achieved the record-breaking patent infringement verdict for Idenix Pharmaceuticals (a Merck & Co., Inc. subsidiary). After a two-week trial, the Delaware jury ordered Gilead Sciences to pay Idenix $2.54 billion for Gilead's sales of its infringing hepatitis C medicines, the largest infringement verdict in U.S. history.

Jennifer maintains an active pro bono practice. She led the team recognized by the Domestic Violence Legal Empowerment and Appeals Project (DV LEAP) for handling a complex child custody case, and she now serves on DV LEAP's board of directors. She also successfully argued a Fourth Circuit appeal that resulted in groundbreaking asylum law. Jennifer is involved in Firm recruiting and mentoring efforts, including serving on the Washington Office's Recruiting Committee.

Experience

  • 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.
  • DIRECTV's distributors win Federal Circuit appeal affirming their patent-exhaustion victory on summary judgmentOn behalf of DIRECTV, LLC, Jones Day successfully argued an appeal before the United States Court of Appeals for the Federal Circuit, which affirmed a grant of summary judgment based on the patent-exhaustion doctrine in favor of four distributors of equipment for receiving DIRECTV satellite-television broadcasts.
  • Xilinx resolves patent infringement dispute with Intellectual Ventures related to power controlsJones Day represented California-based Xilinx, Inc. in its multi-district patent litigation battle against the world's largest patent aggregator Intellectual Ventures ("IV").
  • Washington Group International prevails in Hurricane Katrina mass tort actionJones Day successfully defended Washington Group International, Inc. ("WGI," now URS Energy & Construction Company, a subsidiary of URS Corp.) in a mass tort action alleging that WGI's work on behalf of the U.S. Army Corps of Engineers contributed to floodwall breaches in New Orleans during Hurricane Katrina.
  • PCS Nitrogen secures first-impression ruling in CERCLA appeal establishing rigorous standard for brownfields developersJones Day secured an important appellate environmental victory for PCS Nitrogen, Inc. involving a question of first impression.
  • Myriad Genetics maintains victory in reconsidered Federal Circuit appeal concerning fundamental questions of patent eligibility for isolated DNA moleculesIn a closely-watched case addressing fundamental questions of the patent eligibility of isolated DNA molecules, a Jones Day team successfully defended, for the second time, Myriad Genetics' patent claims directed to compositions concerning isolated DNA molecules that provide useful tools for the diagnosis and treatment of breast cancer.
  • DIRECTV distributors prevail on summary judgment to successfully fend off patent infringement claims brought by Global Communications involving distribution of satellite signalsJones Day represented four DIRECTV distributors in a patent infringement action related to the distribution of satellite TV signals.
  • Selco Construction Services et al. defends claims of infringement over patents directed to guardrail end terminal assembliesJones Day represented SPIG Industry, LLC, SPIG Industry, Inc., and Selco Construction Services, Inc. in patent infringement litigation over patents directed to guardrail end terminal assemblies and associated counterclaims.
  • The Nielsen Company obtains settlement in patent infringement claim related to online measurement systems technologyJones Day reached a settlement for The Nielsen Company in a patent infringement action brought in the U.S. District Court for the Eastern District of Virginia against its competitor, comScore, Inc
  • Carlson and TGI Friday's resolve Maryland income tax disputesJones Day represented Carlson Inc. and TGI Friday's Minnesota favorably in Maryland Tax Court cases involving the Maryland Comptroller's assertion of income taxes equal to the tax reduction associated with valid expenses allowed for interest and royalties charges to affiliated entities doing business in Maryland.
  • Pro bono client's federal sentence reduced by several yearsIn March 2011, Jones Day, serving as pro bono counsel, successfully obtained a nearly five-year sentence reduction for federal inmate Jimmy Ray Valentine, based on amendments to the United States Sentencing Guidelines for drug offenses.
  • 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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