Quinn emanuel trial lawyers

Faulkner, York

York M. Faulkner

Partner *
(Under MOJ registration)

  Biography

York Faulkner is a partner at Quinn Emanuel. York is a veteran trial lawyer with more than 25 years’ experience handling high-stakes litigation, trying cases to verdict in numerous jury and bench trials.

York began his career as a federal prosecutor in the U.S. Department of Justice, Tax Division, conducting grand jury investigations and obtaining convictions at trial on such charges as obstruction of justice, conspiracy to defraud the IRS, tax evasion, false claims for tax refunds, and filing false income tax returns.

In civil practice, York’s work has focused on intellectual property litigation across a variety of industries with a career focus on representing brand companies in “Hatch-Waxman” pharmaceutical patent infringement cases. In the pharmaceutical and life sciences fields, Mr. Faulkner has represented parties in trade secret, antitrust, and patent infringement actions involving branded pharmaceuticals such as Crestor®, Paxil®, Prozac®, Doribax®, Zymar®, Engerix-B®, Infranrix®, Veralix®, Adenoscan®, Adenocard®, and AmBisome®. In other fields, York’s litigation experience includes matters filed in federal and state courts as well as the International Trade Commission, involving medical devices, automobile parts, semiconductor design and production, steel manufacturing, commercial jet engine design, genetically modified crops, vehicle crash sensor control units, digital image processing, iris scanning and identification, liquid crystal displays, long-haul fiber optic routing and switching, and microprocessor instruction sets.

York has a global practice. He has lived and worked periodically in Japan since 1984 in such places as Tokyo, Nagano Prefecture, Tochigi Prefecture, and Saitama Prefecture. He speaks and reads Japanese. York frequently lectures to Japanese audiences on legal and economic issues affecting Japanese companies and their global businesses; counsels clients on strategic IP development, litigation, and transactions; and participates in local professional associations such as the Licensing Executive Society of Japan. York has extensive experience in litigation involving Japanese parties and routinely works in collaboration with local Japanese bengoshi and benrishi to reduce the burden of U.S. litigation on Japanese clients. He has managed complex global litigation requiring coordination of U.S. litigation strategy with co-pending litigation in Japan, South Korea, China, Australia, Europe, and Canada.

York has been recognized on Managing Intellectual Property’s “IP Stars” list and has been recognized as a leading trade secret and copyright litigator by The Legal 500 U.S.

  Representative Clients

  • Sony
  • Senju Pharmaceuticals
  • Shionogi Pharmaceuticals
  • Astellas Pharmaceuticals
  • Pacific Engineering of Japan
  • Sega Corporation
  • Nikon Corporation
  • AstraZeneca Pharmaceuticals
  • GlaxoSmithKline Pharmaceuticals
  • POSCO Steel
  • LG Electronics

  Notable Representations

  • AstraZeneca, Shionogi Pharmaceuticals v. Par Pharmaceutical, Inc. et al. Represented AstraZeneca and Shionogi in multiple ANDA challenges to Orange Book listed patents covering their Crestor® pharmaceutical product.
  • GlaxoSmithKline v. Alphapharm et al. Represented GlaxoSmithKline in multiple ANDA challenges to Orange Book listed patents covering its Paxil® pharmaceutical product.
  • Microunity Systems Engineering, Inc. v. Sony Corp. Successfully defended Sony Computer Entertainment America in lawsuit accusing Sony PlayStation products of infringing computer architecture patents.
  • Littelfuse, Inc. v. Pacific Engineering Corp. of Japan Successfully represented Pacific Engineering in lawsuit accusing Pacific Engineering blade fuse products of infringing design patents.
  • Robert Bosch v. TRW Automotive – Represented Bosch in a patent infringement litigation in Arizona enforcing Robert Bosch Corporation’s patent portfolio on automotive crash sensors; result was a favorable claim construction ruling that led to a monetary award. 
  • Monsanto Co. v. Syngenta Seeds Represented defendant in patent litigation involving glyphosate-resistant transgenic corn, leading to summary judgment of non-infringement and patent invalidity, which was later affirmed by the Federal Circuit.
  • Rolls-Royce v. United Technologies Corp. Member of litigation team that defended United Technologies Corp. in a patent infringement action concerning swept fan blades for ducted gas turbine engines used on contemporary commercial and private aircraft, resulting in a favorable summary judgment ruling of noninfringement in favor of UTC.
  • Ronald A. Katz Technology Licensing, L.P. v. FedEx Corp. Represented FedEx in a complete defense victory in case involving claims of infringement of a large patent portfolio related to interactive voice response systems, following consolidation in multidistrict litigation (MDL), favorable summary judgment rulings, an appeal to the U.S. Court of Appeals for the Federal Circuit, and opinions from the Patent Trials and Appeal Board (PTAB) on reexamination requests, and after patent owner Ron Katz reportedly earned approximately $1 billion in license fees from over 150 companies.
  • Shionogi Pharmaceuticals v. Apotex/Sandoz Successfully represented Shionogi Pharmaceuticals in multiple ANDA challenges to Orange Book listed patents covering its Doribax® pharmaceutical product.
  • LG Electronics v. Iridian Technologies Secured favorable settlement of complex iris scanner technology litigation involving infringement, trade secret, contract, antitrust, unfair competition, and Foreign Corrupt Practices Act claims and counterclaims.

  Education

  • J.Reuben Clark School of Law at Brigham Young University
  • (J.D., magna cum laude, 1992)
    • BYU Law Review:
      • Solicitations Editor

  • Brigham Young University
  • (B.S., cum laude, Economics, 1989)

  Admissions

District of Columbia Bar; United States District Court:Eastern District of Virginia, Western District of Virginia; United States Court of Appeals:Fourth Circuit, Supreme Court of the United States

  Languages

  • Japanese

  Prior Associations

  • Finnegan, Henderson, Farabow, Garrett & Dunner, LLP:
    • Partner, 1996-2018

  • United States Department of Justice:
    • Trial Attorney, Tax Division, Western Criminal Enforcement Section, 1992-1996

  Awards

  • Named an “IP Star” by Managing Intellectual Property, 2014-2018
  • Named a “Super Lawyer” in Virginia by Super Lawyers, 2006, 2007, 2016
  • Ranked a leading Trade Secret and Copyright Litigator by Legal 500

Publications and Lectures

  • How to Utilize Your Patent Portfolios and Position Yourself Best in Today’s Business Environment, Seminar (November 30, 2016; December 2, 2016)
  • Fundamentals of Trade Secrets Protection & Enforcement: Patent Resources Advanced Courses, Lecture (October 19-25, 2016)
  • Japan IP Conference: Overview of Federal Trade Secret Protection Act, Conference (June 16, 2016)
  • Realigning Patent Prosecution and Litigation Strategies to Take Advantage of Recent Legislative and Judicial Changes, Seminar (October 2015)
  • Strategic Patent Prosecution: Lessons Learned from Litigation, Webinar (January 8, 2015)
  • What’s Trending Now In U.S. Patent Prosecution and Litigation, Seminar (November 2014)
  • Japan’s Trade Secret Law Reform Should Focus on Discovery, Seminar (October 22, 2014)
  • 2014 High Technology Protection Summit, Panel Discussion (July 25-26, 2014)
  • Battle of the Forms Under the Uniform Commercial Code, Lecture (June 18, 2014)
  • Cyber-Based Trademark Infringement, Article (October 2013)
  • Cyber-Based Trademark Infringement, Article (July 2012)
  • Life Sciences Collaborative Agreements & Acquisitions, Lecture (February 27-29, 2012)
  • Are NPEs Ready for China?, Article (July/August 2011)
  • The Japanese “ITC” Expedited Import Suspension Procedures at the Japanese Customs Office, Article (February 2011)
  • IP Hot Topics: Due Diligence in Transactions, Litigating Japanese IP, Misuse, and Inequitable Conduct, Presentation (December 1, 2010)
  • U.S. Economic Espionage Act Withstands Constitutional Challenge in First Conviction by Trial: United States v. Chung, Article (December 2009)
  • Keeping Secrets Secret, Event (June 18, 2008)
  • Protecting Trade Secrets in Today’s Mobile Work Force, Event (March 28, 2007)
  • Court Holds That Trade Secret Owner Must Prove No Independent Development of Misappropriated Trade Secret, Article (September, October 2003)
  • Overlooking the Obvious “Extra Element” of Secrecy in Avoiding Copyright Preemption of Trade Secret Misappropriation Claims, Article (February 2003)
  • Trade Secret Litigation: New Challenges When Using the Employment Contract to Protect Trade Secrets, Confidential Information, and Competitive Advantage, Article (April 2001)

Professional Activities

  • American Intellectual Property Law Association:
    • Chair & Vice-Chair, Trade Secrets Committee, 2003-2006
  • District of Columbia Bar Association:
    • Chair, Trade Secrets Committee, Intellectual Property Law Section, 2000-2001
  • Licensing Executives Society USA
  • Licensing Executives Society Japan
  • Inter-Pacific Bar Association