Lewis

Jeffrey I. D. Lewis

Partner
Registered Patent Attorney
New York

I leverage my deep scientific and patent law experience to develop winning strategies in complex, high-stakes patent litigation.

A chemical engineer and registered patent attorney, Jeffrey I. D. Lewis concentrates on patent and trademark litigation, counseling and licensing, as well as other intellectual property and general litigation including trademark and trade secret matters.

Jeff regularly represents plaintiffs as well as defendants - both at trial and on appeal - in a range of technology-related sectors with a focus on pharmaceuticals, chemicals, mechanical/medical-device, biotechnology and life sciences, and has represented pharmaceutical innovators in numerous Abbreviated New Drug Application (ANDA) patent litigations. Jeff has been lead counsel in several dozen cases before the U.S. federal district courts and other tribunals, often trying them to conclusion, and argued numerous appeals before the U.S. Court of Appeals for the Federal Circuit. 

Jeff is a past President of the American Intellectual Property Law Association (AIPLA) and the United States national group of the Association Internationale pour la Protection de la Propriété Intellectuelle (AIPPI), as well as a fellow of both AIPLA and the American Bar Foundation. Jeff is active in a number of other intellectual property bar associations. In addition to his work on behalf of clients, Jeff has appeared as Counsel of Record for amicus curiae in numerous cases before the Supreme Court of the United States, U.S. Court of Appeals for the Federal Circuit, and other courts involving a diverse array of issues; and he is currently chair of AIPPI’s worldwide amicus committee.

Jeff frequently writes and speaks on intellectual property and litigation issues, and he was an adjunct professor at the Benjamin N. Cardozo School of Law at Yeshiva University from 1999 to 2012.  He received his J.D. from that school, cum laude, and his B.S. Ch.E. from the University of Connecticut. He also served as an Alexander Judicial Fellow to the Honorable Marion T. Bennett of the U.S. Court of Appeals for the Federal Circuit.

Jeff is consistently recognized in Chambers USA: America's Leading Lawyers for Business in the area of Intellectual Property, listed as a "Litigation Star" for New York and a "National Star" for Intellectual Property in Euromoney Institutional Investor PLC's Benchmark: America's Leading Litigation Firms and Attorneys, cited in Who's Who Legal: Patents, and named in Super Lawyers in the area of Intellectual Property Litigation. Best Lawyers in America named Jeff its 2022 “New York Patent Law Lawyer of the Year.”  

Education

  • Benjamin N. Cardozo School of Law - Yeshiva University, J.D., cum laude, Eleanor Roosevelt Award, 1986
  • University of Connecticut, B.S., Chemical Engineering, 1983

Bar and Court Admissions

BAR ADMISSIONS
  • New York
  • Connecticut
  • U.S. Patent & Trademark Office (Agency)
COURT ADMISSIONS
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the District of Connecticut
  • U.S. Court of Federal Claims
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. Court of Appeals for the Second Circuit
  • U.S. Supreme Court

Experience

  • Patent Litigation and Counseling - Representing both plaintiffs and defendants in patent infringement cases for various pharmaceutical, chemical, biotechnical, business method, electronic and manufacturing concerns including ANDA litigation on behalf of innovators. Preparation of opinions concerning patentability, validity, enforceability and infringement.
  • Patent, Trademark and Copyright Licensing, Transfers and Collateralization - Representation of transferors, transferees and lenders concerning intellectual property transfers, sales and licenses, and related review of intellectual property portfolios including preparation of opinions concerning validity, enforceability, title and encumbrances.
  • Trademark, Trade Dress and Copyright Litigation, Counseling and Prosecution - Prosecution and defense of infringement, opposition and cancellation proceedings before the courts and the Patent & Trademark Office for pharmaceutical, chemical, manufacturing, cosmetic, garment and financial concerns. Preparation of opinions concerning availability, registrability and infringement.
  • Commercial/Trade Secret Disputes Litigation, Counseling and Prosecution - Prosecution - Litigation of various commercial and trade secret disputes involving employment agreements, product and process development contracts, art transactions and commercial leases.

PROFESSIONAL EXPERIENCE
  • Benjamin N. Cardozo School of Law at Yeshiva University, adjunct professor (1999-2012)

Other Publications

  • Co-author, "Is There a Step Between ‘Inventive’ and ‘Nonobviousness’?," Life Sciences Intellectual Property Review, September 9, 2023
  • Co-author, "Is the United States’ Nonobviousness Test ‘Plausibly’ Similar to the EPO/UK Inventive Step Standard?," IPWatchdog, October 4, 2023
  • Bloomberg Law Attorney-Client Privilege and Work-Product Doctrine: Corporate Applications, Bloomberg Law, 2021
  • Co-editor-in-chief and co-author, Privilege and Professional Confidences: An International Review, Bloomberg Law, September 2020 
  • J. Lewis & J. Reed, “Obtaining US Discovery For Use In Foreign IP Proceedings,” Bloomberg (Dec. 4, 2019)
  • J. Lewis & P. Keller, “Cities of the Future: the Future of Mobility and Smart Health,” Munich, Amsterdam & London (Nov. 18-21, 2019)
  • J. Lewis & P. Siegal, “AIPLA: The Supreme Court Must Ensure the U.S. Government Adheres to the American Rule in Peter v. NantKwest,” (Aug. 13, 2019)
  • Co-author, "When Courts Allow Changes To Hatch-Waxman 30-Month Stay," Law360, September 10, 2018
  • Co-author, "The HEART of TC Heartland: Going to The Defendant's Home?", American Intellectual Property Law Assoc. 2017 Annual Meeting 
  • Co-author, "One Month Since TC Heartland – A Look at Patent Infringement Filing Trends in the District Courts," Fried Frank Into the Heartland Resource Center, July 7, 2017
  • Co-author, "2015 Patent Year in Review … and 2016 Preview," Univ. of Akron 18th Annual Symposium on IP Law & Policy, March 2016
  • Co-author, "Patent Eligibility and Dispositive Motions: Strategies for Navigating 101 Rabbit Holes in a Post-Alice World," AIPLA MidWinter Institute, Jan. 29, 2016
  • Co-author, "Entering the Innovation Twilight Zone: How Patent and Antitrust Law Must Work Together," 17 Vanderbilt J. of Entertainment & Technology Law 3, 2015
  • "What Is FRAND All About? The Licensing of Patents Essential to an Accepted Standard," Cardozo Intellectual Property Law Alumni Newsletter, Spring 2014
  • Co-author, "An Unforeseen Obstacle: Consultants can prevent patent validity challenges through the use of the assignor estoppel," Intellectual Property Magazine, May 2014
  • "About Intellectual Property Lawyers," Law Practice Today, Oct. 2013
  • Co-author, "The Goddess Divines Patent Law: A Design for Patent Re-Design?", IP Litigator, Patent Litigation Column, March/April 2008
IN THE MEDIA
  • Quoted, "U.S. Supreme Court declines bid by Teva to hear ‘skinny labeling’ case with implications for generic drug access," May 15, 2023
  • Quoted, "Industry Impact Weighed As US Supreme Court Refuses Skinny-Label Review," Generics Bulletin, May 18, 2023
  • Quoted, "SCOTUS declines to take up 'skinny' label generic drug case, raising questions about future carve outs," Enpoints News, May 15, 2023
  • Quoted, "U.S. Supreme Court declines bid by Teva to hear ‘skinny labeling’ case with implications for generic drug access," May 15, 2023

Honors & Involvement

HONORS
  • The Best Lawyers in America, New York Patent Law, Best Lawyers (2012 - 2025); New York Patent Law Lawyer of the Year (2022)
  • World Intellectual Property Review, WIPR Leaders (2024)
  • Managing IP – Patent Star Nationally and for New York (2023, 2024)
  • IAM Patent 1000 - Silver category for patent litigation in New York (2023, 2024)
  • Recognized as a Benchmark Litigation Star in Benchmark Litigation (2023)
  • Chambers USA, New York: Intellectual Property: Patent, Chambers & Partners (2008 - 2018)
  • Legal 500 US, recommended lawyer, Intellectual property: Patent litigation: full coverage, The Legal 500 (2018 - 2019)
  • New York Metro Super Lawyer, Intellectual Property Litigation, Thomson Reuters (2007 - 2019)
  • IP Star, Trademark and Patent, New York, IP Stars (2018, 2021, 2022)
  • New York Litigation Star, Euromoney Institutional Investor PLC's Benchmark: America's Leading Litigation Firms and Attorneys
  • National Star, Euromoney Institutional Investor PLC's Benchmark: America's Leading Litigation Firms and Attorneys
  • Who's Who Legal, Life Sciences, Law Business Research Ltd.
  • Who's Who Legal, Patents, Law Business Research Ltd.
  • Founder's Circle, Delta Chi Educational Foundation (2005)
  • Sense-of-the Board Resolution, City of Stamford, CT (1997)
  • Award of Excellence, Volunteer Lawyers for the Arts (1997)
  • "Louis Clapes Citizen of the Year," North Stamford CT Association (1997)
INVOLVEMENT
  • American Bar Association 
    • Intellectual Property and Litigation Sections, Subcommittee Chair on Willful Infringement, 1990-1991 and 2005-2006
    • Select Committee on the Court of Appeals for the Federal Circuit, Subcommittee on a Commission for the Judicial Selections, 1989
  • American Intellectual Property Law Association
    • President, 2012-2013; President Elect 2011-2012; First Vice President, 2010-2011; Second Vice President, 2009-2010
    • AIPLA Fellow, 2007-present
    • Board of Directors, 2003-2006
    • Special Committee on Legislation, 2021 - present
    • Special Task Force on Arthrex Decision, Chair, 2019 – 2022
    • Professionalism & Ethics Select Committee, Vice Chair 2017-2019
    • Nominations Committee Chair, 2015; Vice Chair 2014, 2023
    • AIPLA Quarterly Journal Editorial Board, various years, Board Liaison
    • Special Task Force on Association Information Technology, Chair, 2007-2009
    • Patent Law Committee Vice Chair, 2006-2008
    • Patent Litigation Committee Chair, 2001-2003; Vice Chair, 1999-2001; Chair Subcommittee on Markman Proceedings, 1997-2003; Subcommittee on Uniform Jury Instructions 1994-1997
    • Federal Circuit Case Law Summaries, 1991-1995
  • AIPPI-US (U.S. division of Association Internationale pour la Protection de la Propriété Intellectuelle) 
    • President, 2012-2013
    • President Elect, 2011-2012
    • Litigation Committee, Subcommittee on Privilege, 2014- present
  • AIPPI-International, Amicus Committee, 2017-present
  • American Intellectual Property Law Educational Foundation, Trustee, 2009–2011
  • Hon. William C. Conner Inn of Court, Inaugural Member, 2008-present
  • Federal Circuit Bar Association
  • Intellectual Property Owners Association 
    • Litigation Committee, 2016–2021
    • Patent Agent Privilege Subcommittee Chair, 2016
  • New York Intellectual Property Law Association
    • Legal Aid Committee, Chair, 1991-1994
    • Special Subcommittee Concerning Ruling on Section 337 of the Tariff Act of G.A.T.T., 1989-1990
    • Publications Committee, 1987-1990
    • Litigation Practice & Procedure Committee, 1991-2004
    • Amicus Brief Committee (nee Amicus and Legislative Oversight), 2004-present
  • Benjamin N. Cardozo IP Alumni
  • Intellectual Property Editorial Advisory Board, Law 360, 2017
  • TekCapital Ltd., Board of Directors, 2012–2015
  • Editorial Advisory Board for T. Turano, Obtaining Patent, 1997

Speaking Engagements

  • "Hatch-Waxman / Orange Book," Foley Hoag FDA and Life Sciences Summit (May 2024)
  • "Intellectual Property and Trademark Considerations and Timing," Foley Hoag FDA and Life Sciences Summit (May 2024)
  • "Beyond Prep & Pros: Evolving Roles of Patent Agents, Elevating the Profession, and Managing the Privilege," 2024 AIPLA Spring Meeting (May 2024)
  • "Orange, Purple and the Drugs Between Them," Boston Bar Association webinar (May 2024)
  • "Practice Tips from Recent Claim Construction Cases," AIPLA Patent Law and Patent Litigation Joint Committee Webinar (April 2024)
  • "Role of Amicus Briefs," AIPPI-US Quarterly Meeting (April 2024)
  • "Incentivizing Innovation, Entrepreneurship and Creativity Through Diversity, Equity, Inclusion and Accessibility," 2024 DEIA Colloquium (January 2024)
  • "Why is the FTC Seeing Red Over FDA's Orange Book Listings?," Foley Hoag Webinar (December 2023)
  • "Risk Management or Risky Patents - A Look at The FDA's REMS Program and REMS Patents, Foley Hoag Webinar (December 2023)
  • "Patent Infringement or Smooth Research Sailing?," Foley Hoag Webinar (November 2023)
  • "Foley Hoag Life Sciences Jumpstart Series: From Startup to Scale-Up," Foley Hoag Webinar (October 2023)
  • "(e)STOP! In Name of IPR:  A look at Estoppel and IPR," NYIPLA IPR Committee (October 2023)
  • "US, China and Europe - Views on Inventive Step," AIPPI Israel Webinar (July 2023)
  • "PTAB Meeting: A Second Chance? A Look at Amending Claims During IPRS, NYIPLA Webinar" (June 2023)
  • “US and Canada – A Look at Pharma Patent Litigation In Two Countries,” AIPLA CLE Webinar (December 2022)
  • "Patent Agents & Privilege: Revisiting a Solution," AIPLA webinar (November 2022)
  • "A Hatch-Waxman Review: What to Know About the Hatch-Waxman Act As It Turns 39+," Foley Hoag Webinar (October 2022)
  • "Healthcare Patents & A.I.," Foley Hoag Webinar (June 2022)
  • "Privilege in a Global Corp Environment," AIPLA Corp. Practice Institute, (November 2021)
  • "IP Litigation in the Pharmaceutical Industry," LES Wedinar (May 2021)
  • "Employee Theft of Trade Secrets: How Businesses Can Protect These Critical Assets," Foley Hoag (March 2021)
  • "Intro to Hologic v Minerva – Supreme Court to look at Assignor Estoppel," Cardozo IP Alumni (February 2021)
  • "Protecting Confidentiality During Litigation: In-House Counsel Views of Protecting Business Confidences," AIPPI Virtual Congress (October 2020)
  • "Legislative & Case Law Updates," AIPLA Electronic and Computer Law Webinar (June 2020)
  • "US-Based Discovery for Foreign Proceedings," IPO Litigation (June 2020)
  • "Arthrex Decision and Steps Forward," AIPLA MidWinter Institute – Presidential Forum (February 2020)
  • "Biosimilar – What Is It?," Bio-Austin (May 2019)
  • "IP Law for Apps, Good Job Games," Istanbul, Turkey (March 2019)
  • "Transaction Mistakes in IP, Licensing Executive Society," Washington, D.C. (March  2019)
  • "IP Litigation Update … And Takeaways For All Areas Of Law," 2nd Annual Business Litigation Summit for in-house counsel (November 2018)
  • “Fed. R. Civ. P. 19 and Advanced Video Techs.,” NYIPLA Patent Litigation Comm. (October 2018)
  • “Patent Agents and Privilege: A Problem Nearing A Solution?,” AIPLA Patent Agent Committee Webinar (September 2018)
  • "The HEART of TC Heartland: Going to The Defendant's Home?," American Intellectual Property Law Assoc. 2017 Annual Meeting, Washington, DC (October 2017)
  • "The Changing Patent Scene in the USA," 2nd International Convention on The Economy of Innovation, Tel Aviv, Israel (March 2016)
  • "Litigating Patent Eligibility via Dispositive Motions in the U.S.A.," Second International Convention on The Economy of Innovation, Tel Aviv, Israel (March 2016)
  • "Patent Law Developments," 18th Annual Symposium on Intellectual Property Law and Policy, Akron, OH (March 2016)
  • "How to Survive Early Disposition when Litigating 101 Issues," Enforcing IP – From Creation to Monetization and Litigation, La Quinta, CA (January 2016)
  • "Protecting Privilege: Patents Agents Within the Bar, and Patent Attorneys Beyond the Bar," Webinar (November 2015)