Summary

Jaimin Shah represents clients in patent litigation pertaining to a wide variety of technology areas, such as pharmaceuticals, fire-rated glass flooring technology, batteries used in electrically powered vehicles, smartphone messaging apps, and automated cotton bale packaging. He has quality experience in all phases of patent litigation. Be it deposing a technical expert or drafting an appellate brief, Jaimin strives to go above and beyond to ensure each task results in the highest quality work product and ultimately makes a significant inroad in the case.

Jaimin has represented world-class pharmaceutical companies in patent litigation. He is particularly effective in working with experts to develop scientific non-infringement and invalidity defenses. Early in his career, he was centrally involved in a case where a brand pharmaceutical company voluntarily dismissed its patent infringement claims due to the robust expert testimony Jaimin developed. More recently, Jaimin played an instrumental role in the first ever dispute involving Competitive Generic Therapy exclusivity, tackling challenging statutory interpretation issues and formulating incisive analyses to advance the client’s positions. 

Currently, Jaimin is representing the plaintiffs in a high-stakes patent infringement dispute in the Northern District of California pertaining to fire-resistant glass flooring technology. He is also the “go-to” associate representing a defendant in another highly complex and contested patent infringement action in the Eastern District of California involving automatic cotton bale packaging technology. Regardless of the size or complexity of the case, Jaimin brings an incredible amount of energy, creativity, and never-give-up attitude to each matter in which he is involved.

Below are some of his representative matters:

  • Genzyme Corp. et al. v. Apotex Corp. et al., No. 1:18cv1795 (D. Del. Nov. 14, 2018): Patent litigation about Apotex’s ANDA to make generic Cerdelga® (eliglustat).
  • Ely Holdings Limited et al. v. O'Keeffe's, Inc., No. 3:18cv6721 (N.D. Cal. Nov. 5, 2018): Patent litigation about a fire-rated glass flooring system used in construction.
  • H.W.J. Designs For Agribusiness, Inc. et al. v. Rethceif Enterprises, LLC et al., No. 1:17cv272 (E.D. Cal. Feb. 24, 2017): Patent litigation about automated cotton bale packaging and sampling systems.
  • All Cell Technologies, LLC et al. v. Workhorse Motor Works Inc. et al.¸ No. 1:19cv2975 (S.D. Ind. July 18, 2019): Patent litigation about thermal management of batteries used in electrically powered vehicles.
  • Mylan Institutional LLC et al. v. Aurobindo Pharma Ltd et al., No. 2:16cv491 (E.D. Tex. May 11, 2016): Patent litigation about Aurobindo’s ANDA to make breast cancer diagnostic dye isosulfan blue.
  • Otsuka Pharmaceutical Co., Ltd. v. Ajanta Pharma Limited et al., No. 1-14-cv-05876 (D.N.J. September 19, 2014) & Otsuka Pharmaceutical Co., Ltd. v. Orchid Pharma Ltd. et al., 1-16-cv-05688 (D.N.J. Sep. 16, 2016): Patent litigation about Ajanta’s and Orchid’s ANDAs to make generic Abilify® (aripiprazole).

Jaimin brings a peerless depth and maturity to the practice mainly due to his in-house experience. Before law school, Jaimin worked at a large India-based generic pharmaceuticals company. As a manager in the company’s Intellectual Property Cell, 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 a “behind the bench” perspective 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 The John Marshall Law School, cum laude, where he received the CALI award in Professional Responsibility and International Law.

Pro Bono

As part of his effort to pay it forward, Jaimin obtained a favorable settlement for a middle school student in an expulsion matter after conducting an evidentiary hearing in front of the Board of Education for the school district.  Jaimin also obtained a favorable settlement for a plaintiff as part of mediation in a section 1983 case. 

Education

  • The John Marshall Law School (2016)
  • Indian Institute of Technology, Bombay (2004)
  • St. Xavier's College, Ahmedabad (2001)

Admissions

  • State - Illinois
  • Federal - Northern District of Illinois
  • Federal - District of Colorado

Speeches and Publications

Speaking Engagements

  • "Competitive Generic Therapy Exclusivity," 8th Annual Pharma IPR Conference, Mumbai, India (March 6, 2019)

Publications

  • "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)

Professional Affiliations

  • Intellectual Property Law Association of Chicago

    Member

  • Chicago Bar Association

    Member