J. Derek McCorquindale
Partner
J. Derek McCorquindale focuses his practice on patent and other intellectual property litigation, at both the trial and appellate levels. He has experience in cases before federal district courts, the International Trade Commission (ITC), the Patent Trial and Appeal Board (PTAB), and the U.S. Court of Appeals for the Federal Circuit, where he has contributed to dozens of appeals and argued successfully as lead counsel.
Experience
Intellectual Ventures II LLC v. FedEx Corp.
2:16-cv-00980, E.D. Tex., Judge Gilstrap
Eli Lilly and Company v. Teva Pharmaceuticals USA, Inc.
Successfully represented Eli Lilly in district court and Federal Circuit in action to prevent generic competition with respect to osteoporosis drug Evista®. Two of three patent families in suit found valid and infringed.
1:06-cv-01017, S.D. Ind., Judges Barker, Magnus-Stinson
09-1071; 10-1005, -1033, Fed. Cir., Judges Linn, Michel, Prost, Rader
Eli Lilly and Company v. Actavis Elizabeth LLC
Represented Eli Lilly in district court and Federal Circuit in ANDA case on patent covering Strattera®, a treatment for ADHD. Prevailed on appeal at the Federal Circuit and patent held to be not invalid and infringed.
10-1500, -1520, -1521, -1522, -1523, -1524, Fed. Cir., Judges Lourie, Newman
2:07-cv-03770, D.N.J., Judges Cavanaugh, Dickson, Falk
Ronald A. Katz Technology Licensing, L.P. v. FedEx Corp.
Represented FedEx in litigation in complex multi-district patent litigation regarding interactive call processing systems.
2:06-cv-00334, E.D. Tex., Judges Folsom, Gilstrap
2:07-CV-02196, C.D. Cal., Judges Klausner, Mumm, Quinn
2:07-ml-01816, C.D. Cal., Judges Klausner, Mumm
CBM2015-00053, PTAB, Judges Busch, Cocks, Wormmeester
Ex Parte Reexamination No. 90/013,586, USPTO, Judge Ralis
2:15-cv-02329, W.D. Tenn., Judges McCalla, Pham
09-1450, -1451, -1452, -1468, -1469; 10-1017, Fed. Cir., Judges Bryson, Lourie, Newman
Ethicon Endo-Surgery, Inc. v. Covidien LP
Helped Covidien gain affirmance of PTAB invalidity determination and denial of en banc at the Federal Circuit and certiorari review.
14-1771, Fed. Cir., Judges Dyk, Newman, Taranto
16-366, S. Ct.
Prolitec Inc. v. Scentair Techs., Inc.
15-1020, Fed. Cir., Judges Prost, Newman, Lourie, Dyk, Moore, O'Malley, Reyna, Wallach, Taranto, Chen, Hughes
Insights
Articles
November/December 2024
IP Litigator
Articles
The Enforcement of Patent Rights in Government Funded Inventions
July/August 2022
IP LitigatorProfessional Activities
- Federal Circuit Bar Association
- Outdoor Industry Association
Admissions
- District of Columbia
- New York
- Virginia
- U.S. District Court, E.D. Virginia
- U.S. Court of Appeals, Federal Circuit
- U.S. Court of Appeals, Veterans Claims
- Supreme Court of the United States
Education
- Brigham Young University
- M.A., French Studies, 2008
- Duke University School of Law
- LL.M., International Law, 2008
- Duke University School of Law
- J.D., cum laude, 2008
- Brigham Young University
- B.A., French Literature, 2002
- Brigham Young University
- B.A., Political Science, 2002
Clerkships
- U.S. Court of Appeals, Federal Circuit, Hon. Jimmie V. Reyna
Languages
- French
Derek's Practices
- Appeals, Issues, and Legal Strategy
- Appeals from the PTAB
- Federal Circuit and Supreme Court Appeals
- Global IP Enforcement, Litigation, and Trials
- Branded Hatch-Waxman (ANDA) Litigation and Trials
- ITC Section 337 Investigations and Trials
- Patent Litigation and Trials
- Pretrial Strategies
- Trade Secrets
- Patent Office Invalidation Proceedings
- PTAB Invalidation Proceedings: IPR and PGR
Derek's Industries
- AI, Electronics, and Information Technology
- Electrical and Computer Technology
- Hospitality, Gaming, and Leisure
- Sports, Fitness, and Outdoor Recreation
- Life Sciences
- Medical Device and Diagnostics
- Pharmaceutical