Since joining Goodwin, 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 Supreme Court matters include victories in three significant intellectual-property cases:
- Patent claim construction -- 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.
- Copyright eligibility -- Star Athletica, L.L.C. v. Varsity Brands, Inc.: The Supreme Court took this case to clarify when an artistic design feature can qualify for a copyright. Mr. Jay argued the case in October 2016 for the copyright owner, which designed original artwork appearing on clothing. The Supreme Court ruled for Mr. Jay’s client by a vote of 6-2 that the designs were copyright-eligible and rejected the argument that the designs were influenced.
- Trademark preclusion -- B&B Hardware, Inc. v. Hargis Industries, Inc.: The Supreme Court ruled for the first time that the Trademark Trial and Appeal Board can render a decision binding on a federal district court in trademark-infringement litigation. Mr Jay’s client had won a decision before the Trademark Board on the “likelihood of confusion” between two trademarks; the Court held by a vote of 7-2 that the infringer could not relitigate that same issue before a jury. Mr. Jay was counsel of record on the successful petition for certiorari and the merits briefs and argued the case in December 2014.
- Mr. Jay’s also recently persuaded 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.
- Mr. Jay recently argued for Kraft Foods Group Brands in a closely watched Supreme Court case about the proper venue for patent-infringement actions.
Mr. Jay’s other recent appellate matters include:
- Winning a significant appeal in the Federal Circuit about the scope of “covered business method” review of patents by the Patent Trial and Appeal Board. Managing IP named the case one of 2016’s “Milestone Cases.”
- 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.
- 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.
Professional Experience
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.
