Jason G.Winchester

Partner

Chicago + 1.312.269.4373

With more than 20 years of experience as a trial lawyer, Jason Winchester has handled numerous high-profile civil disputes. He is an acknowledged leader in patent litigation arising under the Hatch-Waxman Act and has represented innovator drug companies in more than 50 patent infringement actions. Jason is coordinator of the Business & Tort Litigation Practice in the Firm's Chicago Office.

Jason's recent civil matters include defending class actions against a private company hired to manage the Illinois Lottery, protecting a rail car manufacturer's rights under a lease agreement, and securing significant recovery at trial for a tobacco company in breach of contract actions against dozens of states. He also represented Potash Corporation of Saskatchewan in its successful defense of a $40 billion hostile takeover. Early in his career, Jason second-chaired a highly publicized trial involving a group known as the "DuPage 7," in which the client was acquitted.

In IP litigation, Jason has represented drug companies involving products such as AndroGel, Butrans, Depakote, Focalin, Kuvan, Nimbex, Oxycontin, Prezista, Ritalin, and Revlimid. Jason and a Jones Day team secured at trial, and defended on appeal, a significant verdict of infringement barring a generic version of Depakote, ensuring that the Firm's client enjoyed the full term of its patents. He also has handled patent litigation relating to medical devices. Jason is frequently invited to speak about Hatch-Waxman Act litigation and advises clients about matters involving the FDA and the U.S. Pharmacopoeia.

Outside the office, Jason and his family work to advance research and awareness of childhood stroke.

Experience

  • Takeda prevails in Hatch-Waxman Act trial relating to diabetes productsJones Day successfully represented Takeda Pharmaceutical Company Ltd. in a Hatch-Waxman Act trial against companies seeking to market generic versions of three diabetes products prior to the expiration of Takeda's patents.
  • 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.
  • Board of Trustees of Univ. of Illinois files patent infringement action against Aurobindo involving generic versions of Prezista®Jones Day is representing the Board of Trustees of the University of Illinois in a patent infringement action against Aurobindo Pharma USA, Inc. relating to the defendant’s submission of an Abbreviated New Drug Application to the FDA seeking approval of generic versions of Prezista® (darunavir), a market-leading protease inhibitor.
  • Purdue Pharma asserts patent infringement claims under Hatch-Waxman Act related to OxyContin® against AbhaiJones Day successfully represented Purdue Pharma L.P. in a Hatch-Waxman patent infringement action against the defendant, Abhai LLC's, submission of an Abbreviated New Drug Application to the FDA seeking approval of generic versions of OxyContin®, a widely prescribed drug for pain relief.
  • BioMarin asserts patent infringement claims against Dr. Reddy's Laboratories related to powder form of Kuvan®Jones Day successfully represented BioMarin Pharmaceutical, Inc. in a patent infringement action against Dr. Reddy's Laboratories relating to the defendant's submission of an Abbreviated New Drug Application to the FDA seeking approval of a powder form of generic versions of Kuvan® (sapropterin dihydrocholride), the only FDA-approved treatment to reduce blood phenylalanine levels in persons with BH-4 responsive phenylketonuria (PKU).
  • BioMarin resolves patent infringement claims against Par Pharmaceutical related to Kuvan®Jones Day client BioMarin Pharmaceutical, Inc. successfully resolved a patent infringement action against Par Pharmaceutical, Inc. relating to the defendant's submission of an Abbreviated New Drug Application to the FDA seeking approval of a generic version of Kuvan® (sapropterin dihydrocholride), the only FDA-approved treatment to reduce blood phenylalanine levels in persons with BH-4 responsive phenylketonuria (PKU).
  • Purdue Pharma successfully resolves Hatch-Waxman claims against companies seeking to make generic version of transdermal patch Butrans®Jones Day client Purdue Pharma L.P. successfully resolved a patent infringement action it brought under the Hatch-Waxman Act against two companies that sought FDA approval to market a generic version of Purdue's Butrans® product prior to the expiration of certain patents owned by Purdue.
  • BioMarin asserts patent infringement claims against Dr. Reddy's Laboratories related to Kuvan®Jones Day represented BioMarin Pharmaceutical, Inc. in a patent infringement action against Dr. Reddy's Laboratories relating to the defendant's submission of an Abbreviated New Drug Application to the FDA seeking approval of a generic versions of Kuvan® (sapropterin dihydrocholride), the only FDA-approved treatment to reduce blood phenylalanine levels in persons with BH-4 responsive phenylketonuria (PKU).
  • AbbVie subsidiary asserts patent infringement claims under Hatch-Waxman Act related to AndroGel® against Perrigo and WatsonJones Day represented Unimed Pharmaceuticals, LLC, a subsidiary of AbbVie, Inc., in a consolidated Hatch-Waxman patent infringement action against Perrigo Company and Watson Laboratories, Inc., relating to the defendants' submission of Abbreviated New Drug Applications to the FDA seeking approval of generic versions of AndroGel® 1.62%, a widely-prescribed treatment for males with low testosterone levels.
  • BioMarin files antitrust suit against Dr. Reddy'sJones Day represented BioMarin Pharmaceutical Inc. ("BioMarin") in an antitrust suit against Dr. Reddy's Laboratories, Ltd. and Dr. Reddy's Laboratories, Inc. ("Dr. Reddy's") stemming from Dr. Reddy's request that BioMarin provide samples of its FDA-approved Kuvan® product to support Dr. Reddy's efforts to obtain FDA approval for a generic version of Kuvan®.
  • Purdue Pharma pursues patent infringement suit involving OxyContin(R) against generic drug maker TevaJones Day represents Purdue Pharma L.P., The P.F. Laboratories, Inc., and Purdue Pharmaceuticals L.P. in a Hatch-Waxman Act patent infringement litigation matter relating to Teva Pharmaceuticals USA, Inc.'s attempt to market a generic version of Purdue's controlled-release OxyContin(R) pain relief medication.
  • Board of Trustees of Univ. of Illinois settles patent infringement dispute involving generic version of Prezista®Jones Day represented the Board of Trustees of the University of Illinois in consolidated patent infringement actions against Mylan Pharmaceuticals Inc., Lupin Ltd., Lupin Pharmaceuticals Inc., and Teva Pharmaceuticals USA, Inc., relating to the defendants' submission of Abbreviated New Drug Applications to the FDA seeking approval of generic versions of Prezista® (darunavir), a market-leading protease inhibitor.
  • R.J. Reynolds seeks reduction in 2003 settlement paymentsJones Day represents R.J. Reynolds Tobacco Company in a pending arbitration under the 1998 Master Settlement Agreement with various U.S. States and Territories in which R.J. Reynolds and other tobacco company signatories seek an over $1 billion reduction in their 2003 settlement payments.
  • Potash Corporation successfully defends historic $43.1 billion hostile takeover bidFollowing an arduous three-month battle, Jones Day's client, Potash Corporation of Saskatchewan, Inc., successfully repelled BHP Billiton's hostile $43.1 billion tender offer for all of PotashCorp's shares in November 2010.
  • Abbott prevails in patent infringement action against SandozJones Day represented Abbott Laboratories ("Abbott") in a patent infringement action brought under the Hatch-Waxman Act in the United States District Court for the District of Delaware against Sandoz, Inc.
  • Morton Arboretum defeats unconstitutional takings claim and secures award of attorneys' feesJones Day represented The Morton Arboretum in a claim brought under 42 U.S.C. § 1983, alleging that Morton conspired with the Forest Preserve District of DuPage County, Illinois, to unconstitutionally "take" the plaintiff's land.
  • Celgene licenses patents to Teva for marketing generic version of Focalin capsules and tabletsJones Day represented Celgene in its licensing to Teva Pharmaceuticals of patents related to the manufacture of Celgene's Focalin XR capsules and Focalin IR tablets.
  • Monster obtains pre-action discovery to advance civil claimJones Day represented Monster in a pre-action discovery petition for the purpose of identifying potential defendants in a lawsuit alleging breach of employee confidentiality agreements.
  • Abbott and TAP Pharmaceutical defend against Average Wholesale Price (AWP) litigationJones Day clients Abbott Laboratories and TAP Pharmaceutical Products, along with virtually the entire pharmaceutical industry, have been the subject of civil litigation alleging that drug manufacturers falsely reported the "average wholesale price," or "AWP," for various drugs in order to inflate the reimbursement paid by government and private payors for those drugs.
  • Abbott and other pharmaceutical manufacturers successfully defend against Texas state court action alleging Medicare fraudJones Day represented Abbott Laboratories in an action brought by the State of Texas and relator Ven-A-Care of the Florida Keys, alleging that Abbott fraudulently submitted false, inflated prices on many different pharmaceutical products and caused Texas to make inflated Medicaid payments.
  • Speaking Engagements

    • April 17, 2019
      Truth, Lies and Facts: Best Practices for Witness Interviews
    • November 8, 2018
      The Attorney-Client Privilege and Work Product Doctrine: What In-House Counsel Need to Know
    • October 2, 2018
      The Future of Venue and Jurisdiction: Examining the Latest Interpretations and Applications of TC Heartland, ACI Paragraph IV Disputes Master Symposium
    • June 7, 2018
      IP Right Now: Hot Topics in Patent and Trademark Law
    • June 1, 2017
      Antitrust Issues Arising from Pharmaceutical Drug Product Litigation
    • December 8, 2016
      The Attorney-Client Privilege and Work Product Doctrine: What In-House Counsel Need To Know
    • June 24, 2016
      Are You Exceptional? Recent Developments in the Law of Attorney Fee Shifting and Enhanced Damages
    • September 30-October 1, 2015
      Ethics of Paragraph IV Practice: New Developments Impacting Hatch-Waxman Litigation; American Conference Institute Paragraph IV Disputes Master Symposium
    • September 30, 2014
      It's All About Timing: Exploring the Surge in Premature Paragraph IV Notice Filings and its Consequences, presenter, American Conference Institute Paragraph IV Disputes Master Symposium
    • June 9-10, 2014
      ANDA Litigation 101: Paragraph IV Disputes Primer, co-chair and presenter, American Conference Institute Hatch Waxman Boot Camp
    • October 4, 2013
      Pros and Cons of At-Risk Launches: Lessons from Protonix; American Conference Institute, Master Symposium - Paragraph IV Disputes
    • December 4, 2012
      Divided Infringement: New Rules for Infringement of Method Patents; American Conference Institute - Paragraph IV Disputes
    • June 7, 2012
      Situational Ethics: Privilege Developments That In House Counsel Need to Know, Jones Day Chicago 2012 MCLE University
    • May 19, 2011
      Finding Our Way In the Tort Arena, Jones Day MCLE University
    • April 10, 2011
      The Attorney-Client Privilege and Work Product Doctrine: Trends and Case Law
    • October 2007
      Average Wholesale Price Litigation and Recent Developments in False Claims Act and Anti-Kickback Law
    • September 2007
      What's the Case and Controversy? Developments in Declaratory Judgment Law
    • September 2006
      Winning Through Settlement: Strategies for Resolving Class Actions and Multi-Jurisdictional Litigation
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