J. Derek McCorquindale
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  • 1875 Explorer Street
  • Suite 800
  • Reston, VA 20190-6023

J. Derek McCorquindale

Partner

  • 1875 Explorer Street
  • Suite 800
  • Reston, VA 20190-6023

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.

Derek works on cases in a wide range of industries, including pharmaceutical and Abbreviated New Drug Application (ANDA) litigations, design patents, mobile technology, computer graphics, imaging technology, medical devices, audio conferencing equipment, and outdoor industry products. He has handled many aspects of litigation, including strategy development, pleadings, fact and expert discovery, depositions, motions practice, hearings, summary judgment briefing, and appeal work through en banc and Supreme Court petitions.

Derek also advises clients on a variety of patent and trademark matters, including licensing and providing written opinions regarding infringement and validity. He has experience helping numerous startups navigate intellectual property issues and grow their business.

Derek twice served at the U.S. Court of Appeals for the Federal Circuit. He was a judicial law clerk to the Honorable Jimmie V. Reyna and an intern to the Honorable Randall R. Rader. Managing Intellectual Property (MIP) magazine has recognized Derek as a “Rising Star”, an “IP Star”, and notable practitioner.

Et Cetera

  • Co-author. “Patent Appeals, ”Patent Litigation, 3d ed. (Practising Law Institute), 2019.
  • Capital Pro Bono High Honor Roll, 2017-2018; Honor Roll, 2023.
  • Editorial board member, Duke Law Journal, 2006-2008.

Experience

Intellectual Ventures II LLC v. FedEx Corp.

Secured denial of IV’s post-trial motions in which IV sought to overturn a jury verdict of noninfringement and invalidity on one of the asserted patents; invalidity on another one of the asserted patents; and requested a new trial on all issues. In a separate opinion issued the same day, Judge Gilstrap partially granted FedEx’s post-trial motion and found one of IV’s claims patent ineligible under § 101 and the Supreme Court’s decision in Alice.

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. 

Obtained en banc Federal Circuit reversal and remand of a denial of motion to amend before the PTAB; Secured amendment on remand at the PTO.

15-1020, Fed. Cir., Judges Prost, Newman, Lourie, Dyk, Moore, O'Malley, Reyna, Wallach, Taranto, Chen, Hughes

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Insights

Lecture

Career Paths in Law and Technology 2025 Career Paths in Law and Technology 2025

January 16, 2025

Provo

Articles

Use of Prior Art Previously Before the Patent Office Can Open the Door to Evidence of Prior Patent Office Proceedings

Use of Prior Art Previously Before the Patent Office Can Open the Door to Evidence of Prior Patent Office Proceedings Use of Prior Art Previously Before the Patent Office Can Open the Door to Evidence of Prior Patent Office Proceedings

November/December 2024

IP Litigator

Articles

Standard Essential Patents in the Unified Patent Court

Standard Essential Patents in the Unified Patent Court Standard Essential Patents in the Unified Patent Court

May/June 2024

IP Litigator

Seminar

Career Paths in Law and Technology Career Paths in Law and Technology

March 3, 2023

Provo

Webinar

Patent Law Year in Review 2022 Patent Law Year in Review 2022

January 31, 2023

Webinar

Articles

The Enforcement of Patent Rights in Government Funded Inventions

The Enforcement of Patent Rights in Government Funded Inventions The Enforcement of Patent Rights in Government Funded Inventions

July/August 2022

IP Litigator
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News

Press Release

Federal Circuit Overrules Precedent En Banc in Finnegan Pro Bono Victory for Federally Employed Veterans Federal Circuit Overrules Precedent En Banc in Finnegan Pro Bono Victory for Federally Employed Veterans

August 18, 2026

Award/Ranking

Finnegan Receives Tier 1 Rankings from Managing IP; More than 30 Attorneys Named 2026 IP Stars Finnegan Receives Tier 1 Rankings from Managing IP; More than 30 Attorneys Named 2026 IP Stars

July 30, 2026

Managing Intellectual Property

Press Release

BMW Secures Landmark ITC Victory: ALJ Terminates Zync Investigation Based on Forum-Selection Clause BMW Secures Landmark ITC Victory: ALJ Terminates Zync Investigation Based on Forum-Selection Clause

July 29, 2026

Press Release

Ninth Circuit Denies Zync’s Emergency Motion to Stay; BMW’s Preliminary Injunction Remains in Full Effect as Zync Moves to Stay ITC Proceedings Ninth Circuit Denies Zync’s Emergency Motion to Stay; BMW’s Preliminary Injunction Remains in Full Effect as Zync Moves to Stay ITC Proceedings

July 24, 2026

Commentary

Zync Fights Block of ITC Trade Secret Case Against BMW Zync Fights Block of ITC Trade Secret Case Against BMW

June 24, 2026

Law360

Press Release

BMW Obtains Preliminary Injunction Against Zync; Federal Court Orders Zync to Halt ITC Trade Secret BMW Obtains Preliminary Injunction Against Zync; Federal Court Orders Zync to Halt ITC Trade Secret

June 23, 2026

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Professional Activities

  • Federal Circuit Bar Association
  • Outdoor Industry Association
Admissions and Education

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

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