Jaimin Shah is an intellectual property litigator focusing on patent and trademark cases in federal courts.
Jaimin’s patent litigation practice is industry-agnostic, spanning diverse technology areas such as LED luminaires, smartphone messaging apps, digital data compression systems, fire-resistant glass flooring, and pharmaceuticals. Jaimin’s trademark cases have involved the cannabis, spice, and live entertainment industries. He also litigates a variety of complex commercial disputes.
Jaimin is both compelling on paper and quick on his feet. He has deposed inventors and experts; argued motions and Markman hearings; and crafted persuasive summary judgment and appellate briefs. Jaimin 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.
Representative patent litigation experience:
- 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 and obtaining a favorable decision.
- Representing the inventor of five utility patents and two design patents related to LED fixtures in the Western District of Texas. Jaimin was instrumental in defeating the opponents’ motion to transfer the case out of Texas.
- Represented a Canadian pharmaceutical company in 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 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.
Representative trademark litigation experience:
- Representing a dance competition organizer in a Lanham Act case involving certain unique and distinctive aspects of the organizer’s dance competition format.
- 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.
- Representing the trademark owner in a TTAB cancellation proceeding involving spices.
Representative commercial litigation experience:
- Won a breach of contract case based on summary judgment for an online retailer against a PPE supplier.
- Won a motion to dismiss a data breach action against a large, multi-specialty group medical practice.
- Representing a large DMS provider in arbitration over software implementation disputes.
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.
Jaimin likes to travel with his wife and explore new places in his spare time. Jaimin practices yoga and meditation daily. He is also an avid reader and a movie buff.
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 – present)
Honoree, Best Lawyers® “Ones to Watch” (2022 – present)
Honoree, Top 250 Most Active Attorney 2023, ANDA Litigation, Patexia
Honoree, Top 250 Best Performing Attorney 2023, ANDA Litigation, Patexia
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
- Federal - Eastern District of Texas
Speeches and Publications
- “Competitive Generic Therapy Exclusivity,” 8th Annual Pharma IPR Conference, Mumbai, India (March 6, 2019)
- “Intellectual Property Rights in Creative Works and Inventions Created with the Assistance of AI,” Crain’s Chicago Business, October 9, 2023 (co-author with Jeff Mote)
- “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
- Intellectual Property Owners' Association
Voting member, Patent Litigation & Remedies Committee