Stuart Yothers has more than 15 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. Stuart has advocated for clients in more than 30 complex lawsuits, arguing claim construction, summary judgment, and other matters before the courts. He has significant experience advising overseas clients facing patent-related disputes in the United States.
Stuart's practice focuses on patent litigation before the courts and the Patent Trial and Appeal Board (PTAB). Clients in diverse industries, including wireless communications, semiconductors, medical devices, pharmaceuticals (abbreviated new drug application/ANDA), and optics, have relied on him to represent them in complex patent matters. Prior to joining Jones Day in 2016, Stuart led the defense of a major Japanese electronics company in a multipatent case brought by Intellectual Ventures. And, he has advised multiple clients in the negotiation of complex license agreements regarding standards-essential patents. In addition, Stuart has significant experience developing patent portfolios, including strategic counseling and patent procurement, for medical device and electronics companies.
Stuart serves on IPO's Post-Grant Patent Office Practice Committee and NYIPLA's Amicus Brief Committee. He also maintains an active pro bono practice, which includes successfully arguing summary judgment in a federal employment discrimination case, amicus filings on behalf of civil rights organizations, and working with asylum seekers.
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.
- Fordham University (J.D. cum laude 2005; Staff Member, Fordham Intellectual Property Media and Entertainment Law Journal; Fordham Law Alumni Association Medal in Constitutional Law); Columbia University (B.S. in Civil Engineering magna cum laude 2001); Wofford College (B.S. in Physics magna cum laude 2001)
- New York; Massachusetts; U.S. Supreme Court; U.S. Court of Appeals for the Second and Federal Circuits; U.S. District Court for the Eastern District of Texas, Southern and Eastern Districts of New York, and District of Massachusetts; and registered to practice before the U.S. Patent and Trademark Office
- Rising Star, New York Metro Super Lawyers (2012-2018)