Jim Baker is a partner in the New York office of Quinn Emanuel. He is a commercial litigator specializing in patent and trade secret litigation before federal courts and the International Trade Commission. Jim holds advanced degrees in polymer and textile chemistry and has litigated numerous cases involving a wide array of complex technologies, including pharmaceuticals, industrial chemicals, and high-tech. Jim’s practice also includes Petitions for Inter Partes Review (IPR) and related trial proceedings before the Patent Office.
In the life sciences arena, Jim represents established pharmaceutical companies, biotech companies, and start-ups. Jim is known for his expertise in the area of Hatch Waxman and has counseled clients around the world with respect to life cycle management and related FDA issues. Jim also conducts due diligence for these clients with respect to their product acquisitions.
Jim is also active in the firm’s pro bono practice. In 2023, he led a team of Quinn Emanuel attorneys to a complete victory for a pro bono client seeking asylum after fleeing El Salvador to escape gang violence and related threats to her family. In 2024, the team successfully petitioned the government to grant asylum to her daughter as well.
- Veloxis Pharmaceuticals
- Sarepta Therapeutics
- Opko Pharmaceuticals
- Medytox
- Waymo (a Google subsidiary)
- RKW Group
- The Dow Chemical Company
- Avery Dennison
- DSM Engineering Plastics
- Representing Complainant Medytox at the International Trade Commission in trade secret action related to botulinum toxin drug products.
- Representing Plaintiff Veloxis Pharmaceuticals in series of Hatch Waxman actions related to ENVARSUS® (tacrolimus) XR, a treatment for the prophylaxis of organ rejection in kidney transplant patients. Obtained favorable settlement in lead case with two-follow on cases pending.
- Representing Defendant Sarepta Therapeutics in patent actions related to the gene therapy ELEVIDYS (delandistrogene-moxeparvovec-rokl), a lifesaving gene therapy treatment for Duchenne Muscular Dystrophy.
- Represented Plaintiff Speyside Medical against Medtronic in patent action related to transcatheter aortic valve replacement surgery (TAVR). Obtained favorable settlement on the eve of trial.
- Represented Markforged in patent action related to 3D metal printing. Complaint filed in late March and tried to a jury in July of the same year. Obtained jury verdict of noninfringement.
- Represented Markforged in trade secret action related to 3D metal printing. Obtained favorable settlement.
- Represented Waymo (a Google subsidiary) against Uber in patent and trade secret action related to self-driving cars. Obtained favorable settlement after week of trial. This high profile case was the subject of numerous articles, including a major story in the October 2018 edition of the New Yorker entitled “Stop, Thief.”
- Represented Bio-Rad at the International Trade Commission in patent action related to microfluidic devices used in the preparation of DNA samples and libraries for Next Generation Sequencing (NGS). Obtained exclusion order after finding of infringement.
- Represented Bio-Rad at the Patent Office in Inter Partes Review proceedings related to patents covering Bio-Rad’s microfluidic devices. Successfully convinced the Patent Office to deny institution of twelve petitions seeking to invalidate Bio-Rad’s patents.
- Represented Qiagen in patent and trade secret dispute concerning polymerase chain reaction (PCR) technology. Obtained complete dismissal of trade secret claims.
- Represented The Dow Chemical Company at the Patent Office in Inter Partes Review proceedings related to opaque emulsion polymers. Obtained judgment upholding validity of patents.
- Represented The Dow Chemical Company at International Trade Commission in patent and trade secret action related to opaque emulsion polymers. After uncovering evidence of massive spoliation by Respondents, obtained default judgment, an unprecedented 25-year exclusion order, and almost $2 million in sanctions.
- Represented Avery Dennison against 3M in patent and antitrust action related to retroreflective sheeting. After successfully opposing motion for preliminary injunction, obtained favorable settlement.
- Represented Medicis Pharmaceutical in Hatch Waxman action related to the topical steroid VANOS (fluocinonide)®, a treatment for inflammation caused by several skin conditions. Settled with defendants admitting infringement and validity of the patents-in-suit.
- Represented DSM in patent and unfair competition action related to ballistic protection materials constructed from ultra-high molecular weight polyethylene fiber. Obtained favorable settlement.
- Represented Johnson & Johnson subsidiary in patent arbitration related to biomimetic erythropoietin (EPO). Obtained favorable award after thirty-four days of trial.
- Represented EKR Therapeutics in Hatch Waxman action related to CARDENE® (nicardipine) I.V., a treatment for hypertension. Obtained summary judgment of infringement.
- Represented InterActiveCorp and LendingTree.com in patent 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 Federal Circuit.
- Represented Stiefel Labs and Connetics in Hatch Waxman action related to OLUX (clobetasol propionate)®, a treatment for plaque psoriasis. After receiving favorable claim construction and denial of defendant’s motion for summary judgment, obtained favorable settlement.
- Represented Purdue Pharma in Hatch Waxman action related to OXYCONTIN (oxycodone)®.
- Represented King Pharmaceuticals in a series of Hatch Waxman actions related to the muscle-relaxant drug SKELAXIN® (metaxalone).
- Represented Miltex in trade secret action related to dental devices.
- Represented Barnesandnoble.com against Amazon in first-ever patent infringement action related to online shopping methods.
- Represented Hyosung at the International Trade Commission in patent action related to methods of manufacturing polyester used in tire cord.
- Represented King Pharmaceuticals in $800 million acquisition of SONATA® (zaleplon) and SKELAXIN® (metaxalone) from Elan PLC.
- University of Georgia
(J.D., cum laude, 2000)- Journal of Intellectual Property Law:
- Member of the Managing and Editorial Boards
- Member of the Managing and Editorial Boards
- Journal of Intellectual Property Law:
- Georgia Institute of Technology
- (M.S., Polymer & Textile Chemistry, 1997)
- (B.S., Polymer & Textile Chemistry, summa cum laude, 1997)
- The State Bar of New York
- United States Court of Appeals:
- Federal Circuit
- United States District Courts:
- Southern District of New York
- Eastern District of New York
- Patent Litigation
Harvard Law School, Intellectual Property Law Association, Spring 2022 - Generic Biologics
New York, 2006 - The Latest on Hatch-Waxman Litigation
C5 Conference, “US Patents: A Comprehensive Guide to US Patent Law, Prosecution and Litigation for European Patent Practitioners,” London, 2005 - The Doctrine of Equivalents: Where Are We Now?
C5 Conference, “US Patents: A Comprehensive Guide to US Patent Law, Prosecution and Litigation for European Patent Practitioners,” London, 2005 - Markman Claim Construction Practice in US Patent Litigation
C5 Conference, “US Patents: A Comprehensive Guide to US Patent Law, Prosecution and Litigation for European Patent Practitioners,” London, 2005 - Merck v. Integra Lifesciences
New York, 2005 - K. Nagapudi, J. Hunt, C. Shepherd, J. Baker, H. Beckham, “Synthesis, dynamic mechanical, and solid-state NMR spectroscopy of crown-ether based linear aliphatic polyurethane rotaxanes,” Macromolecular Chemistry and Physics 200, 2541-2550 (1999)
- Member, American Bar Association
- Member, New York State Bar Association
- Member, Association of the Bar of the City of New York