Melissa J. Baily is a partner in the San Francisco Office of Quinn Emanuel Urquhart & Sullivan, LLP. Her practice focuses on intellectual property litigation and other high-stakes complex commercial litigation. Law360 has named Melissa one of the top 10 intellectual property lawyers in the country under the age of 40, and The Daily Journal has named Melissa one of the top 40 lawyers in California under 40.
Melissa has a national practice and has litigated matters in California, New Jersey, New York, Pennsylvania, Texas, Utah, Washington, Washington D.C., and Wisconsin. Melissa's intellectual property practice has involved a wide range of technologies, including synthetic DNA, autonomous vehicle technology, artificial intelligence, small molecule pharmaceuticals, biotechnology, medical devices, computer hardware and software, cable and cellular communications, and semiconductors and storage devices. In addition to intellectual property, Melissa has litigated in the areas of antitrust, securities, entertainment, and real estate.
- Twist Bioscience
- Bio-Rad Laboratories
- Johnson & Johnson
- Marvell Semiconductor
- Barnes & Noble
- Represented Waymo in its trade secret action against Uber, which concluded in a favorable settlement.
- Defended financial institution in a patent infringement action regarding information processing technology. Obtained a favorable ruling on claim construction, a stipulation of non-infringement, and reimbursement of all attorneys' fees and costs under Federal Rule of Civil Procedure 11 and Section 285 (the exceptional case statute). Obtained affirmance by the Federal Circuit.
- Defended two biotechnology companies in a licensing dispute regarding surface enhanced laser desorption ionization technology. Obtained arbitration award finding no liability on all contract and tort claims after an evidentiary hearing at JAMS.
- Represented public company and individual director defendants in a shareholder derivative suit. Obtained dismissal with prejudice for lack of standing and affirmance by the Ninth Circuit.
- Represented plaintiffs in an antitrust lawsuit alleging violations of Sections 1 and 2 of the Sherman Act, Section 3 of the Clayton Act, and the analogous California antitrust and unfair competition laws. Obtained a favorable settlement for plaintiffs after defeating defendant's motions for summary judgment.
- Represented brand-name pharmaceutical company in Hatch-Waxman Act litigation. After a bench trial, the patent at issue was found to be valid and infringed, and sales of generic drugs covered by the patent were enjoined.
- Represented plaintiff video technology company in a trade secret action against former employees. Obtained a favorable settlement after conducting limited, targeted discovery.
- Harvard Law School
- Harvard Law Review:
- Executive Editor
- Executive Editor
- Harvard Law Review:
- Stanford University
(B.A.S., Chemistry and Political Science, Phi Beta Kappa, 1998)
- Oxford University, Magdalen College
- The State Bar of California
- The State Bar of New York
- Cravath, Swaine & Moore LLP:
- Recognized as one of the Daily Journal’s “Top 40 Under 40” in 2017.
- Named 2014 Law360 “Top Attorneys Under 40” in Intellectual Property.
- "Willful Patent Infringement: The First Year of the Post-Seagate Era," 20 Intellectual Property & Technology Law Journal 9 (September 2008).
- Note, "Article 7(1) of the European Contracts Convention: Codifying the Practice of Applying Foreign Mandatory Rules," 114 Harvard Law Review 2462 (June 2001).
- Supreme Court Case Comment, "Prayer at High School Football Games: Santa Fe Independent School District v. Doe, 120 S. Ct. 2266 (2000)," 114 Harvard Law Review 249 (November 2000).
- Recent Case, "Eleventh Circuit Refuses To Allow Garnishment Against Government Instrumentality To Satisfy Judgment Against Associated Terrorist-Sponsoring State," 113 Harvard Law Review 615 (December 1999).
- Book Review, "EC Environmental Law by Joanne Scott," 40 Harvard International Law Journal (1999).