Jaimin Shah is an intellectual property litigator focusing on patent and trademark disputes in district courts and administrative agencies. His patent litigation practice is industry-agnostic, spanning diverse technology areas such as pharmaceuticals, smartphone messaging apps, digital data compression systems, fire-resistant glass flooring, ophthalmic LED illuminators, and packaging machinery. His trademark cases have involved cannabis, credit card processing, food, and live entertainment.
Jaimin has argued motions and Markman hearings; deposed inventors and experts; crafted persuasive briefs and spearheaded discovery disputes; and independently identified and developed positions in litigation. He brings a lot of energy and out-of-the-box thinking to each matter, going above and beyond on each task to make significant inroads in the case in alignment with client goals.
Jaimin’s representative patent litigation experience includes:
- Representing the inventor and provider of an automobile hardtop removal device in a patent infringement, trade secret misappropriation, and breach of contract case, including, most recently, by arguing at the Markman hearing (decision awaited).
- Represented a Canadian pharmaceutical company in a patent litigation involving the Gaucher Disease drug Cerdelga®, developing a robust invalidity case for trial, including by deposing the key inventors. The case settled favorably for the client on the eve of trial.
- Represented a packaging company in a contentious and protracted patent litigation involving automatic cotton bale packaging and sampling systems, resulting in a settlement after fact discovery, claim construction, and briefing on a dispositive motion.
- Represented the inventor and provider of a fire-rated glass flooring system in a patent and trademark litigation, including by arguing and winning a motion to amend the pleadings to add Lanham Act claims in the case.
- Represented a provider of vehicle battery jump starters in a patent case before the International Trade Commission (ITC).
- Represented an Indian pharmaceutical company in a patent litigation involving a breast cancer diagnostic dye isosulfan blue, resulting in the reversal of the district court’s analysis on a preliminary injunction for two of the three asserted patents (and subsequent settlement).
- Represented an Indian pharmaceutical company in a patent litigation involving a schizophrenia drug, developing robust expert testimony on noninfringement, which was followed by the plaintiff’s voluntary dismissal of the case.
Some of his representative trademark litigation experience includes:
- Representing a dance competition organizer in a Lanham Act case involving certain unique and distinctive aspects of the organizer’s dance competition format.
- Representing the trademark owner in a TTAB cancellation proceeding involving food and spices.
- Represented a health and wellness company in its enforcement of hemp-related marks against a competitor, resulting in settlement after the filing of a summary judgment motion against the competitor’s affirmative defenses.
Jaimin brings depth and maturity to his litigation practice due, in part, to his prior in-house experience, where he gained first-hand knowledge in litigation strategy and the business realities that inform company decisions.
Jaimin served as a judicial extern for the Hon. James F. Holderman and the Hon. Virginia M. Kendall in the U.S. District Court for the Northern District of Illinois. That experience enabled him to build priceless “behind the bench” perspectives on how judges decide cases.
Jaimin has a strong technical background in biochemistry and biotechnology. He has a Master of Science degree in Biotechnology from the Indian Institute of Technology-Bombay. His J.D. is from University of Illinois Chicago School of Law, cum laude, where he received the CALI award in Professional Responsibility and International Law.
As part of his effort to pay it forward, Jaimin represented a middle school student in a contentious expulsion matter. Jaimin conducted an evidentiary hearing in front of the Board of Education, which resulted in a settlement under which terms the student was able to return to school and graduate.
Honoree, Illinois Super Lawyers Rising Stars, IP Litigation
(2021 - 2022)
Honoree, Best Lawyers® "Ones to Watch", Litigation - Patent (2022)
All Service Areas
- University of Illinois Chicago School of Law (2016)
- Indian Institute of Technology, Bombay (2004)
- St. Xavier's College, Ahmedabad (2001)
- State - Illinois
- Federal - Northern District of Illinois
- Federal - District of Colorado
- Federal - Central District of Illinois
Speeches and Publications
- "Competitive Generic Therapy Exclusivity," 8th Annual Pharma IPR Conference, Mumbai, India (March 6, 2019)
- "Third Circuit Recognizes Catch-22 Situation in Pleading Trade Secret Misappropriation," Taft Law Bulletin (June 16, 2021)
- “Structural Obviousness Receives a Boost at the Federal Circuit,” (co-author with Aaron Johnson), Taft Law Bulletin (Apr. 23, 2020)
- "For Now, Competitive Generic Therapy Exclusivity is a Mirage," (co-author with Stephen Auten and Sinchan Shah), Law360 (Feb. 26, 2019)
- Evidence in Patent Cases, ch.12 (Kenneth L. Dorsney et al. eds., 1st ed. 2018) (co-author)
- "Must Whole Patent Be Nixed To Forfeit 180-Day Exclusivity?," (co-author with Steve Auten) Law360 (July 25, 2018)
- "Pulling the ‘Trigger’ on the Hatch-Waxman Act's 180-Day Exclusivity Using Inter Partes Review," The John Marshall Review of Intellectual Property Law (May 2015)
- "Effects of pH and Ionic Strength on the Assembly and Bundling of FtsZ Protofilaments: A Possible Role of Electrostatic Interactions in the Bundling of Protofilaments," (co-author) International Journal of Biological Macromolecules (2006)
- Intellectual Property Law Association of Chicago
Co-chair, CLE Committee