Jim Baker is a Partner in the New York office. He specializes in patent litigation and other technology related cases for life sciences companies around the world. Jim holds undergraduate and graduate degrees in polymer and textile chemistry and has litigated numerous cases involving materials science and related technologies, including opaque polymers, ultra high molecular weight polyethylene fibers, wound healing bandages made from poly poly-beta-1,6-N-acetyl-glucosamine (poly-GlcNAc), polyester yarn used in tire cord, orally disintegrating tablet technology, and various bone graft technology. Jim is also well known for his expertise in cases arising under the Hatch Waxman Amendments to the Federal Food, Drug and Cosmetic Act.
Jim was recently selected for inclusion in "Super Lawyers–Rising Stars Edition 2012-2014."
- The Dow Chemical Company
- Avery Dennison
- DSM Engineering Plastics
- Merz Pharma
- EKR Therapeutics
- Representing The Dow Chemical Company in ITC investigation and district court action related to opaque emulsion polymers.
- Representing Merz Pharma in Hatch Waxman action related to Cuvposa® (glycopyrrolate) for the treatment of sialorrhea.
- Represented Avery Dennison in patent litigation and antitrust action related to retroreflective sheeting. Successfully opposed Motion for Preliminary Injunction brought by plaintiff 3M.
- Represented 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 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.
- 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
- Not admitted to the State Bar of Massachusetts (practicing under the direct supervision of members of the Massachusetts Bar)
- United States Court of Appeals:
- Federal Circuit
- United States District Courts:
- Southern District of New York
- Eastern District of New York
- 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