James E. Baker

 

New York Office
Tel: 212-849-7000
Fax: 212-849-7100
jamesbaker@quinnemanuel.com

Practice Areas
Antitrust and Trade Regulation
Intellectual Property Litigation
Life Sciences Litigation

Education

University of Georgia (J.D., cum laude, 2000)

Journal of Intellectual Property Law:

Member of the Managing and Editorial Boards

 

Georgia Institute of Technology (M.S., Polymer & Textile Chemistry, 1997; B.S., Polymer & Textile Chemistry, summa cum laude, 1997)





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Biography


Jim Baker is a Partner in the New York office.  He specializes in patent litigation and other technology related cases.  Jim has extensive experience litigating pharmaceutical and biotechnology patents, including numerous actions arising under the Hatch Waxman Amendments to the Federal Food, Drug and Cosmetic Act.  He has also handled numerous cases involving polymers and related life science technologies.

 




Representative Clients

Avery Dennison
Medicis Pharmaceutical
DSM
Ortho-McNeil
EKR Therapeutics
InterActiveCorp


Notable Representations

Representing Avery Dennison in patent litigation and antitrust action related to retroreflective sheeting.  Successfully opposed Motion for Preliminary Injunction brought by plaintiff 3M.  This matter is currently pending. 

Representing Medicis Pharmaceutical in series of Hatch Waxman actions related to the topical steroid Vanos®.  Settled with defendants admitting infringement and validity of the patents-in-suit.

Represented DSM in patent infringement and unfair competition action related to ballistic protection materials constructed from ultra high molecular weight polyethylene fiber.  Obtained favorable settlement.     

Represented Ortho-McNeil, a Johnson & Johnson subsidiary, in inventorship dispute relating to new biological drugs for the production of red blood cells.  After thirty-four days of trial, obtained ruling in favor of Ortho McNeil.  

Represented EKR Therapeutics in Hatch Waxman action related to the hypertension drug Cardene® I.V.  Obtained summary judgment of infringement.

Represented InterActiveCorp and LendingTree.com in patent infringement action related to Internet business methods.  Successfully invalidated five of the six asserted claims and overturned the District Court’s summary judgment ruling of infringement with respect to the sole-surviving claim following an appeal to the United States Court of Appeals for the Federal Circuit. 

Represented Stiefel Laboratories and Connetics Corp. in Hatch Waxman action related to the topical steroid Olux®.  After obtaining favorable claim construction and denial of defendant’s motion for summary judgment of noninfringement, case settled favorably for plaintiffs. 

Represented Kali Laboratories in Hatch-Waxman action related to the anti-epileptic drug Diastat®.  After filing the pre-trial order on noninfringement, invalidity, and inequitable conduct claims, case settled favorably for Kali.

Represented Wockhardt in Hatch Waxman action related to the anti-Parkinson’s drug entacapone.  

Represented Purdue Pharma in Hatch Waxman action related to the analgesic drug OxyContin®.

Represented King Pharmaceuticals in a series of Hatch Waxman actions related to the muscle-relaxant drug Skelaxin®.

Represented Miltex in trade secret action related to dental devices. 

Represented Barnesandnoble.com in patent infringement action related to “one-click” online shopping methods. 

Represented Hyosung in ITC investigation related to methods of manufacturing polyester used in tire cord.