Since joining Goodwin Procter, Mr. Jay has handled complex litigation matters in the Supreme Court; in the First, Second, Third, Fourth, Fifth, Seventh, Eighth, Ninth, Eleventh, D.C. and Federal Circuits; in several state appellate courts; and in various trial courts and administrative agencies. His recent significant representations include:
- Persuading the Supreme Court to grant certiorari, and to reverse on the merits, in two significant intellectual property cases:
- Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc.: The Supreme Court agreed to take up the subject of patent claim construction for the first time in nearly 20 years and hear Teva’s challenge to the Federal Circuit’s longstanding precedent insisting on reviewing factual issues de novo. Mr. Jay was counsel of record on the successful petition for certiorari and the merits briefs and argued the case in October 2014. In January 2015, the Supreme Court agreed with Teva’s arguments by a vote of 7-2, vacating a Federal Circuit decision that had invalidated patent protection for Teva’s blockbuster multiple sclerosis drug, Copaxone® 20mg.
- B&B Hardware, Inc. v. Hargis Industries, Inc.: This trademark case affects both infringement litigation in district court and litigation before the Trademark Trial and Appeal Board. The Supreme Court confirmed by a vote of 7-2 that one tribunal’s decision on the “likelihood of confusion” between two trademarks can be binding on other tribunals as well; many courts of appeals had resisted for many years the idea that the Trademark Board could render a decision binding on a federal district court, but the Supreme Court has now made clear that it can. Mr. Jay was counsel of record on the successful petition for certiorari and the merits briefs and argued the case in December 2014.
- Persuading the Supreme Court to grant certiorari to resolve questions about the scope of the Fair Housing Act. Mr. Jay was counsel of record on the petition for certiorari and the merits briefs for several lending institutions.
- Representing the copyright owner in the Supreme Court’s first case interpreting the current Copyright Act provision governing eligibility of pictorial, graphic, and sculptural works for copyright protection. Mr. Jay argued this case, Star Athletica, L.L.C. v. Varsity Brands, Inc., in October 2016, and a decision is pending.
- Successfully representing pharmaceutical companies in litigation challenging the FDA’s approval of new drug products, both in federal district courts and in the D.C. Circuit.
- Orally arguing Securities Act claims and securing a victory on behalf of Municipal Mortgage & Equity and several of its former and current officers and directors when the Fourth Circuit affirmed the dismissal of claims that the company made false statements in the registration statement for its 2005 secondary public offering.
- Successfully defending, in the Fourth Circuit, a complete defense victory at trial in a certified class action under the Real Estate Settlement Procedures Act. Mr. Jay co-authored the successful briefs and argued the appeal. Mr. Jay also co-authored the successful appellate briefs in a companion case (involving another certified class) under the Maryland Finder’s Fee Act, in which the Fourth Circuit also affirmed a complete defense victory.
- On behalf of four nationwide mortgage lenders, persuading the Ninth Circuit to dismiss a False Claims Act lawsuit demanding a multi-billion-dollar recovery.
- Successfully winning rehearing en banc in the First Circuit on behalf of a national bank in a putative nationwide class action, and co-authoring briefs that won a complete victory on rehearing en banc.
- Persuading the First Circuit to affirm dismissal of an unfair business practices action against a logistics company.
- Representing leading technology and pharmaceutical companies in patent appeals to the Federal Circuit and in successfully opposing Supreme Court review of favorable Federal Circuit decisions.
- Serving as lead counsel for an industry intervenor in a significant environmental case under the Endangered Species Act and Administrative Procedure Act.
Prior to joining Goodwin in 2012, Mr. Jay served for five years as Assistant to the Solicitor General at the U.S. Department of Justice. In that capacity, he handled Supreme Court and appellate matters for a wide variety of federal agencies, including every Cabinet Department and numerous executive and independent agencies. Previously, he was a litigation associate with Gibson, Dunn & Crutcher in its Appellate and Constitutional Law Practice Group.