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Jeffrey Lerner
Jeffrey Lerner
Partner
Washington +1 202 662 5491 jlerner@cov.com Download V-card

As a patent litigator, Jeffrey Lerner has broad experience representing clients before federal district courts, the International Trade Commission, and the U.S. Court of Appeals for the Federal Circuit. He has tried cases in federal courts and the ITC and has litigated in a broad array of technology areas, including various pharmaceutical products and DNA technology, semiconductor devices, advanced materials, electronics, and medical devices. He also represents clients in appeals before the Federal Circuit and other courts of appeal. In addition to litigation, Mr. Lerner advises clients on intellectual property matters.

Life Sciences

  • Secured a major bench trial victory for Indivior in a bet-the-company patent litigation dispute relating to the company’s billion dollar Suboxone® Film product. 
  • Representing Omeros in ANDA cases in the District of Delaware concerning the Omidria® product, a combination drug product used in cataract surgery.
  • Representing LEO Pharmaceuticals in ANDA cases in the District of Delaware concerning the Picato® product, a topical treatment for actinic keratosis.

Manufacturing, Electronics and Information Technology

  • Represented LifeCell in a patent infringement case in the Eastern District of Virginia concerning soft tissue matrices.
  • Representing Samsung Display as an intervenor in patent infringement cases in the District of Delaware concerning display and LCD technologies. 
  • Represented Merck in an ANDA case in the District of New Jersey concerning the Ganirelix Acetate Injection product, which is used in in vitro fertilization protocols.
  • Represented Fougera Pharmaceuticals in an ANDA case in the District of New Jersey concerning Fougera’s Solaraze® product, a topical treatment for actinic keratosis.
  • Represented Shire Laboratories in ANDA cases in the Southern District of New York concerning Shire’s Fosrenol® product, a phosphate binder. 
  • Representing AK Steel in a patent infringement case in the District of Delaware concerning aluminum-coated boron steel and on appeal to the Federal Circuit following a judgment in favor of AK Steel.
  • Represented Samsung Electronics and Samsung Display in a patent infringement case in the District of Delaware concerning LCD display technology.
  • Represented Knowles as a complainant in two Section 337 Investigations concerning patents directed to MEMS microphone packages. Inv. No. 337-TA-888; Inv. No. 337-TA-825.
  • Represented Samsung Display and Samsung Electronics in a patent infringement case in the Middle District of Pennsylvania concerning organic LED (OLED) display technology. Obtained a dismissal with prejudice early in fact discovery.
  • Represented Samsung Electronics and Samsung Electro-Mechanics in a patent infringement case in the District of Massachusetts concerning LEDs and processes for fabricating LEDs.
  • Represented Samsung as a respondent in a Section 337 Investigation concerning patents directed to LEDs and LED packaging. Inv. No. 337-TA- 785 .
  • Represented Nintendo as a respondent in a Section 337 Investigation concerning patents directed to motion-sensing technology and allegations of infringement by the Nintendo Wii. Inv. No. 337-TA-658.
  • Represented Manheim Auctions Inc. in a patent infringement case in the Northern District of Georgia concerning software that integrates remote bidders into a live auction held at an auction site. The district court granted summary judgment to Manheim on multiple grounds, including non-infringement and invalidity based on prior public use. The Federal Circuit affirmed.
  • Represented a leading issuer of credit cards in defending an antitrust action alleging a conspiracy among banks and Visa and MasterCard to foreclose banks from issuing American Express cards.
  • Represented a leading issuer of credit cards in defending an antitrust action concerning chargebacks to merchants for fraudulent credit card transactions.
  • Represented a pharmaceutical company in litigation concerning alleged false advertising of its cosmetic product by a televised shopping network.   

Pro Bono

  • C.H. et al. v. The School District of Philadelphia (E.D. Pa.): successfully represented students and their parents in an action under the IDEA challenging the Philadelphia School District’s practices regarding extended-school year (ESY) services, resulting in district-wide changes to the ESY program.  
  • Doe v. Wooten (N.D. Ga. and 11th Cir.): successfully represented an indigent prisoner who was assaulted and threatened in reprisal for his cooperation in the investigation of a corrections officer.
  • Goodrich v. Clinton County Prison (3d Cir.): argued an appeal to the Third Circuit for an indigent prisoner regarding a denial of psychiatric treatment.
  • State of Maryland v. Turay: successfully represented an indigent defendant against criminal charges brought by the State of Maryland.
  • Legal 500 US, Healthcare - Life Sciences (2017) 
  • Washington DC Super Lawyers, "Rising Star" (2013; 2015)
  • Recognized as one of the top 30 lawyers under 30 in Washington, DC by Bisnow.