Stuart W.Yothers

Partner

New York + 1.212.326.3893

Stuart Yothers has over 20 years of experience advising innovative companies around the world in high-stakes intellectual property matters. He was trial counsel in the first trial of its kind on fair, reasonable, and non-discriminatory (FRAND) licensing terms for standards-essential patents (SEPs). Stuart has advocated for clients in more than 30 complex lawsuits before the federal district courts, the International Trade Commission (ITC), and the Patent Trial and Appeal Board (PTAB). He routinely represents overseas clients (particularly those in Asia) facing patent and trade secret disputes in the United States.

Clients in diverse industries, including electric vehicles, wireless communications, semiconductors, medical devices, pharmaceuticals (ANDA litigation), and optics, have relied on Stuart to represent them in complex intellectual property matters. Most recently, Stuart co-led the successful defense of SK Innovation in a four-patent ITC investigation initiated by LG Chem involving lithium-ion battery technology used in electric vehicles. He has advised multiple clients in the negotiation of complex transactions and license agreements, including those implicating SEPs. In addition, Stuart has significant experience developing patent portfolios, including strategic counseling and patent procurement, for medical device and electronics companies.

Stuart co-chairs Jones Day's Intellectual Property Diversity, Inclusion and Advancement Committee and serves on IPO's Diversity Committee, IPO's Litigation Committee, and NYIPLA's Trade Secrets Committee. He also maintains an active pro bono practice, which includes successfully arguing summary judgment in an employment discrimination case brought under the Rehabilitation Act, amicus filings on behalf of civil rights organizations, and working with asylum seekers.

Experience

  • U.S. Bank defends patent infringement claims involving gift cards sold in shopping mallsJones Day is defending U.S. Bank National Association in two related patent infringement disputes initially brought by AlexSam, Inc. related to prepaid gift cards sold in Simon shopping malls.
  • SK Innovation defeats request to exclude lithium-ion battery technology in ITC dispute with LG ChemJones Day clients SK Innovation Co., Ltd. and SK Battery America, Inc., following an evidentiary hearing in December 2020, prevailed against LG Chem et al. in a patent infringement dispute before the International Trade Commission (ITC) involving lithium-ion battery technology used in electric vehicles.
  • SK Innovation resolves global patent dispute with LG Chem / LG Energy Solution over lithium-ion battery technologyJones Day advised SK Innovation Co., Ltd. and SK Battery America, Inc. in connection with the settlement of their global patent dispute with LG Chem Ltd. involving lithium-ion battery technology used in electric vehicles.
  • NEC defends against patent infringement lawsuit relating to ten telecommunications network systems patentsJones Day is defending NEC Corporation in a litigation brought by Far North Patents, LLC in the Eastern District of Texas, in which the plaintiff is accusing NEC's telecommunications network management systems of infringing ten patents covering an array of networking related technologies.
  • NEC Display Solutions successfully defends against attempt to bar importation of LED displaysJones Day successfully defended NEC Display Solutions (both the Japanese parent and a U.S. subsidiary) against allegations brought by Ultravision Technologies, LLC ("Ultravision") that certain of NEC Display Solutions' modular LED display panels and related components infringe two patents allegedly owned by Ultravision.
  • Elo Touch Solutions resolves multi-patent, multi-venue dispute with 3M regarding touch screen technologyJones Day represented Elo Touch Solutions, Inc. in a four-patent dispute with 3M regarding touch screen technology.
  • Major Japanese electronics manufacturer defends patent infringement claims involving mobile handsetsJones Day is defending a Japanese electronics manufacturer against allegations by Koninklijke KPN N.V. that certain mobile handsets infringe KPN's U.S. Patent No. 6,212,662, entitled Method and Devices for the Transmission of Data with Transmission Error Checking.
  • Bio-Rad enforces patent directed to fluorescence detection apparatuses against Thermo Fisher ScientificJones Day represented Bio-Rad Laboratories, Inc., a major life sciences and clinical diagnostics manufacturer, in successfully resolving parallel U.S. and European patent infringement actions, and related inter partes reviews in the U.S. Patent and Trademark Office, against Thermo Fisher Scientific, Inc., in enforcing Bio-Rad's patents relating to fluorescence detection apparatuses useful in polymerase chain reaction (PCR).
  • Bio-Rad enforces patent directed to temperature control reaction modules against Thermo Fisher ScientificJones Day represented Bio-Rad Laboratories, Inc., a major life sciences and clinical diagnostics manufacturer, in successfully resolving a U.S. patent infringement action against Thermo Fisher Scientific, Inc., in enforcing Bio-Rad's patent relating to temperature control reaction modules useful in polymerase chain reaction (PCR).
  • Major Japanese electronics manufacturer defends patent infringement claims involving softwareJones Day is defending a Japanese electronics manufacturer against allegations by Uniloc USA, Inc. that certain software infringes Uniloc's U.S. Patent No. 8,571,194, entitled System and Method for Initiating a Conference Call.
  • The following represents experience acquired prior to joining Jones Day.

    Represented a leading telecommunications company in connection with the negotiation of FRAND licenses for 4G/LTE standard essential patents.

    Defended a Japanese electronics company in a multipatent infringement action involving technology on telecommunications network security.

    Advised a Japanese technology company in connection with intellectual property rights issues related to early stage formation of standard setting organizations.

    Defended a Japanese electronics company in a multipatent infringement action brought by Intellectual Ventures.

    Represented Motorola in a multiple patent dispute against Microsoft.

    Represented a Korean electronics company against Wi-LAN, a nonpracticing entity, in a patent dispute involving IEEE 802.11 "WiFi" technology and CDMA2000 technology (case settled).

    Represented Entegris in a multipatent dispute against its chief competitor related to a mechanism for the quick connection of filters employed in clean room fabrication plants (case settled).

    Lead counsel in a disability-related employment discrimination action against the U.S. State Department's Foreign Service (case settled).

    Represented a medical device company before the Federal Circuit regarding the appeal of an interference proceeding related to pulse oximeter technology.

    Represented Cancer Research Technology and Schering Corporation against Barr Laboratories. After a seven-day ANDA trial involving the patent covering TEMODAR®, which is the leading chemotherapy drug used in the treatment of glioma (a type of brain cancer), the district court prevented Barr from entering the market pending appeal. The Federal Circuit confirmed the enforceability of the patent-in-suit on appeal.

    Represented a medical device company in pursuing patent protection for minimally invasive cardiac bypass devices and procedures.

    Represented a manufacturer in pursuing patent protection for components of induction motors and methods for manufacturing those components.