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York M. Faulkner
+1 571 203 2775
york.faulkner@finnegan.com

Two Freedom Square
11955 Freedom Drive
Reston, VA 20190-5675

+1 571 203 2700
Fax +1 202 408 4400

Bar and Court Admissions

  • District of Columbia
  • Virginia
  • U.S. Court of Appeals, Fourth Circuit
  • U.S. Supreme Court

Education

  • J. Reuben Clark School of Law at Brigham Young University
    J.D., magna cum laude, 1992
  • Brigham Young University
    B.S., Economics, cum laude, 1989

Languages

  • Japanese

York M. Faulkner

Partner

York Faulkner is a veteran trial lawyer with more than 20 years' experience handling high-stakes litigation across a variety of industries, including multi-billion dollar Hatch-Waxman pharmaceutical patent litigations. He has first-chaired cases to verdict in numerous jury and bench trials and guided litigation teams through contentious pretrial proceedings, emphasizing client participation in strategic and cost-sensitive decision-making throughout each case.

Mr. Faulkner began his career as a criminal prosecutor in the Tax Division of the U.S. Department of Justice. During his four years at Justice, Mr. Faulkner tried 16 cases to verdict before juries, obtaining convictions on such charges as obstruction of justice, conspiracy to defraud the IRS, tax evasion, false claims for tax refunds, and filing of false income tax returns. In his IP practice, Mr. Faulkner employs the skills acquired at Justice—simplifying the complex for the benefit of the fact finder.

Mr. Faulkner is increasingly called upon to help in-house professionals facilitate more growth, profitability, efficiency, and innovation within their companies' R&D, production, marketing, sales, and customer service functions. He works to build internal collaborations with other business units to identify new industry developments and track innovation-inspiring metrics to improve business performance and growth. Mr. Faulkner has learned that time is the in-house professional's most precious commodity and that too often they misallocate time, sacrificing strategic contributions to their corporate clients in the name of cost control. Through value-producing delegation of work and team building, Mr. Faulkner frees up in-house professionals for more personally satisfying and creative roles within their organizations to establish freedom-to-operate for new products and services and to achieve standing readiness to enforce brand, patent, and trade secret rights. Mr. Faulkner further helps clients achieve greater predictability and control over litigation costs by employing common-sense project management systems.

Mr. Faulkner has a global practice. He lived and worked in Japan. He speaks and reads Japanese. He has extensive experience in litigation involving Japanese parties and works closely with local Japanese bengoshi and benrishi in collaborations that reduce the burden of U.S. litigation on Japanese clients. He has managed complex global litigation requiring coordination of U.S. litigation strategy with co-pending litigation in Japan, South Korea, China, Australia, and Europe. He is frequently sought after to lecture on legal and economic issues affecting Japanese companies and their global businesses.

Highlights

  • Representative pharmaceutical experience: serotonin reuptake inhibitors/antidepressants; HMG-CoA reductase inhibitors/statins; polymorphs, including analysis by x-ray diffraction (XRD), nuclear magnetic resonance (NMR), infrared (IR), & Raman spectroscopy; spray drying/fluid-bed drying & coating processes; T-lymphocyte signal transduction and IL-2 transcription inhibition/immunosuppressant drugs.
  • Representative biologics experience: fermentation production processes; recombinant, attenuated live virus, and component vaccines.
  • Representative drug delivery experience: liposome loading and pH gradient processes; liposome lyophilization and reconstitution techniques.
  • Representative biotech experience: transgenic crops/herbicide and insect resistance; genetically modified yeasts/bacteria; DNA microarray fabrication via photolithography and deposition processes.
  • Representative electronics experience: automotive electronic control units (ECU)/air bag and active restraints; liquid crystal displays (LCD) backlighting; biometrics/iris recognition; media processors/instruction sets/memory management.
  • Representative business method experience: delivering professional services over the Internet, including automated patent maintenance fee payment.
  • Representative design patent experience: auto part designs, including blade fuses.
  • Representative semiconductor experience: fabrication/plasma etching/masking processes.
  • Other representative technologies: long-haul telecommunications time division multiplexing/timing signal recovery (time stamping)/SONNET; automated telephone call processing/Interactive Voice Recognition (IVR), Intelligent Contact Management (ICM), and Automatic Call Distribution (ACD); automotive/auto-locking differentials.
  • Served as the leader of Finnegan's IP specialties practice, 2011-2015.

    Click here for full list of litigation experience highlights.

Professional Recognition

  • Recognized as an "IP Star" in Virginia by Managing Intellectual Property, 2013-2016.
  • Recognized as a leading trade secret and copyright litigator by The Legal 500 U.S., 2007.
  • Recognized as a Virginia "Super Lawyer" in Intellectual Property Litigation, Super Lawyers published by Thomson Reuters, 2006, 2007. 

Professional Activities

  • Editorial board for the IP Litigator, publishing regular column on trade secret law (2001-2008)
  • American Intellectual Property Law Association (chair & vice-chair, Trade Secrets Committee, 2003-2006)
  • District of Columbia Bar Association (chair, Trade Secrets Committee, Intellectual Property Law Section, 2000-2001)
  • Licensing Executives Society USA
  • Licensing Executives Society Japan (日本ライセンス協会)
  • Inter-Pacific Bar Association
  • Japan Institute of Invention & Innovation(日本発明協会)

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