Jeffrey D. Smyth

Defended Novartis against Genzyme’s multiple patent infringement actions and inter partes review (IPR) proceedings related to recombinant adeno-associated virus vector technology used in Novartis’ blockbuster, breakthrough gene therapy Zolgensma®. The case settled after four patents were invalidated during claim construction, five patents found not literally infringed, and institution of multiple IPRs.

Finnegan represented Emergy, Inc., d/b/a Meati Foods in a trade secret misappropriation, breach of contract, and correction of inventorship case against The Better Meat Company (BMC) and Augustus Pattillo involving alternative meat made from mycelium.

Emergy alleged that Augustus Pattillo stole its trade secrets on the cultivation and production of mycelium that he learned while working as a lab technician for Emergy’s founders, misused them in his work with BMC, breached his nondisclosure agreement with Emergy, and improperly filed patent applications on Emergy’s technology and assigned them to BMC.

BMC filed claims of tortious interference and unfair competition against Emergy, which Emergy succeeded in striking under California’s anti-Strategic Lawsuits Against Public Participation (SLAPP) statute. After prevailing under the anti-SLAPP statute, Emergy was statutorily entitled to recover its reasonable attorneys’ fees and costs for defending against BMC’s stricken claims of tortious interference and unfair competition

Early in the litigation, Emergy defeated BMC’s motion to dismiss Emergy’s trade secret misappropriation and breach of implied contract claims. Emergy later defeated BMC’s motion for summary judgment on Emergy’s trade secret misappropriation, breach of contract, and breach of implied contract claims. The case settled soon after the Court issued its summary judgment ruling.

Represented CSRC in two arbitrations and one litigation relating to exclusive licenses and patent assignments for patents directed to treating Pompe Disease, a rare genetic disorder that is often fatal if untreated. Secured a $180 million settlement from Genzyme.

Member of trial team that secured successful jury verdict for client, Asetek, in a case against a competitor selling infringing computer cooling systems. Jury awarded damages at 14.5% royalty rate and rejected all of CMI USA’s invalidity defenses. Judge imposed enhanced damages for post-trial willful infringement.