William M. Jay

William M. Jay

Partner DC Litigation Leader and Co-Chair, Appellate Litigation
William M. Jay

Willy Jay is a partner in and co-chair of Goodwin’s Appellate Litigation practice and is head of the Litigation Department in the firm’s Washington, D.C. office. A former Assistant to the Solicitor General, Mr. Jay uses his deep experience litigating before the U.S. Supreme Court and U.S. Courts of Appeals to help clients formulate winning appellate strategy. He has argued 17 cases before the Supreme Court, briefed 50 Supreme Court cases on the merits, and briefed more than 150 cases at the certiorari stage. In recent years he argued five of the most significant intellectual-property cases at the Court, involving patent, copyright, and trademark law.

Mr. Jay has handled cases in every federal court of appeals as well. He has filed more than 200 briefs in federal and state appeals courts and argued in nine federal circuits, both in private practice and on behalf of the U.S. Department of Justice’s Environment, Criminal and Civil Divisions. Mr. Jay also regularly counsels clients on appellate strategy at the trial level, preparing key motions and post-trial briefing before district courts and federal and state administrative agencies.

Chambers USA: America’s Leading Lawyers for Business described Mr. Jay as “‘a rocket scientist’ whose ‘spectacular brief writing’ and ‘keen and analytical mind’ mark him out as a ‘rising star’ at the appellate bar.” In 2017, Managing IP named him “Appellate Litigator of the Year,” among other recognitions. Mr. Jay is also listed in Legal500 and Best Lawyers in America. Law360 named him an “Appellate MVP.” He has been named “Litigator of the Week” by the AmLaw Litigation Daily and a “Rising Star” by both the National Law Journal and Law360.

Mr. Jay has particular experience in appellate cases involving intellectual property (including patent, copyright, and trademark law), financial services, administrative law (with a particular focus on pharmaceutical regulation), environmental law, class action practice, federal preemption of state law, and the First Amendment (including campaign finance regulation, election law, and election crimes).

Experience

ERFAHRUNG

EXPÉRIENCE

工作经历

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 four 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.
  • On-sale barHelsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc.: This was the Supreme Court’s first opportunity to consider the revised standards for patentability under the 2011 America Invents Act. Mr. Jay was counsel of record on the merits brief and argued the case in December 2018. The court unanimously agreed with Mr. Jay’s argument that an invention is “on sale” for purposes of the statute if it is sold or offered for sale, and that it does not matter whether the sales are public or make the invention “available to the public” more broadly.
  • 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 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 major lending institutions. The Supreme Court agreed with Mr. Jay’s argument and set aside the appellate decision applying a relaxed causation standard.
  • Mr. Jay represented a group of Indian tribes in successfully defending a district-court injunction in a conservation case involving interpretation of several 150-year-old treaties.

Mr. Jay’s other recent appellate matters include:

  • Persuading the Federal Circuit to reverse adverse decisions in patent-infringement litigation, inter partes review, and “covered business method” review. In particular, Mr. Jay has repeatedly succeeded in overturning decisions by the Patent Trial and Appeal Board; one of his wins, about the scope of “covered business method” review, was named one of 2016’s “Milestone Cases” by Managing IP. Mr. Jay’s recent Federal Circuit matters have included work involving medical technology, robotics, consumer electronics, pharmaceuticals, biologics/biosimilars, and software.
  • 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.
  • Winning a Securities Act appeal in the Fourth Circuit for Municipal Mortgage & Equity, securing a complete affirmance of the dismissal of claims that the company made false statements in the registration statement for a 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.
  • Representing Gillette in a Third Circuit appeal against one of its competitors, defending Gillette’s right to bring patent infringement claims in court and not in arbitration.
  • 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.
  • On behalf of the American Petroleum Institute, successfully defeating an environmental challenge under the Endangered Species Act and Administrative Procedure Act to Interior Department rules governing oil shale exploration.
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.

Recognition

As Assistant to the Solicitor General, Mr. Jay received the Attorney General’s Distinguished Service Award for his work on litigation arising from the bankruptcy of Chrysler, as well as a Special Commendation from the DOJ’s Environment and Natural Resources Division for his work on litigation involving oil drilling, invasive species and interstate water rights.

While in law school, Mr. Jay was executive editor of the Harvard Law Review.

In The News

MELDUNGEN

ACTUALITÉS

相关新闻

Credentials

WERDEGANG

RÉFÉRENCES

专业资格

Education

J.D., 2001
Harvard Law School

(magna cum laude)

A.B., Government, 1998
Harvard College

(magna cum laude)

Clerkships

2004-2005 U.S. Supreme Court, Honorable Antonin Scalia
U.S. Court of Appeals for the Ninth Circuit, Honorable Diarmuid F. O'Scannlain

Admissions

Bar

District of Columbia
Virginia

Courts

U.S. Court of Appeals for the Eleventh Circuit
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