Jaimin H. Shah

Jaimin Shah is an intellectual property litigator focusing on patent, trademark, and trade secret cases in federal courts across the country.

Jaimin’s patent litigation practice is industry-agnostic, spanning diverse technology areas such as pharmaceuticals, automobile accessories, smokeless firepits, smartphone messaging apps, digital data compression systems, and LED luminaires. Jaimin’s trademark cases have involved footwear, cannabis, spice, outdoor recreation, and live entertainment industries. He also litigates a variety of trade secret misappropriation cases and complex commercial disputes.

Jaimin brings depth and maturity to his litigation practice due, in part, to his prior in-house experience, where he gained first-hand knowledge in litigation strategy and the business realities that inform company decisions.

Patent litigation matters

• Representing a Canadian pharmaceutical company in patent litigation involving a multiple sclerosis drug. Jaimin has developed robust invalidity defenses through discovery and is getting the case ready for trial.
• Representing a large national retailer in a case involving design patent and trade dress infringement claims relating to shoes. Jaimin has developed multiple defenses against the claims and is getting the case ready for mediation.
• Represented an inventor and provider of an automobile hardtop removal device in a patent infringement, trade secret misappropriation, and breach of contract case. Jaimin argued and won a preliminary injunction motion against this client’s former supplier, now a direct competitor.
• Represented a Canadian pharmaceutical company in patent litigation involving a Gaucher Disease drug. Jaimin developed a robust invalidity case for trial, including by deposing the key inventors. The case settled favorably for the client on the eve of trial.
• Represented an Indian pharmaceutical company in a patent litigation involving a schizophrenia drug. Jaimin developed robust expert testimony on noninfringement, which was instrumental in precipitating the plaintiff’s voluntary dismissal of the case.
• Represented a packaging company in a contentious and protracted patent litigation involving automatic cotton bale packaging and sampling systems, resulting in a favorable settlement after fact discovery, claim construction, and briefing on a dispositive motion.
• Represented a provider of smokeless firepits against patent infringement and Lanham Act violation claims, including by developing robust noninfringement and invalidity defenses against one utility and three design patents.

Trademark litigation matters

• Represented a trademark owner in a TTAB cancellation proceeding involving spices. After Jaimin won a case-critical discovery motion, the opponent voluntarily dismissed the case with prejudice.
• Represented a health and wellness company in its enforcement of hemp-related marks in a federal district court. The case settled favorably for the client soon after Jaimin filed a dispositive motion against the competitor’s affirmative defenses.
• Represented a dance competition organizer in a Lanham Act case involving certain unique and distinctive aspects of the organizer’s dance competition format. The dispute was resolved through mediation.
• As noted in the section above, Jaimin is representing a large national retailer in a case involving trade dress and design patent infringement claims relating to shoes. He has developed multiple defenses against the claims and is getting the case ready for mediation.

Complex commercial litigation matters

• Secured affirmance of dismissal of a data breach action filed against a large, multi-specialty group medical practice.
• Obtained summary judgment on a breach of contract claim in favor of an online retailer and against a PPE supplier.
• Represented a large document management system (DMS) provider in arbitration over ERP/software implementation disputes.

Speaking Engagements

• “Competitive Generic Therapy Exclusivity,” 8th Annual Pharma IPR Conference, Mumbai, India (March 6, 2019)

Publications

• “Intellectual Property Rights in Creative Works and Inventions Created with the Assistance of AI,” Crain’s Chicago Business, October 9, 2023 (co-author with Jeff Mote)
• “Third Circuit Recognizes Catch-22 Situation in Pleading Trade Secret Misappropriation,” Taft Law Bulletin (June 16, 2021)
• “Structural Obviousness Receives a Boost at the Federal Circuit,” (co-author with Aaron Johnson), Taft Law Bulletin (Apr. 23, 2020)
• “For Now, Competitive Generic Therapy Exclusivity is a Mirage,” (co-author with Stephen Auten and Sinchan Shah), Law360 (Feb. 26, 2019)
• Evidence in Patent Cases, ch.12 (Kenneth L. Dorsney et al. eds., 1st ed. 2018) (co-author)
• “Must Whole Patent Be Nixed To Forfeit 180-Day Exclusivity?,” (co-author with Steve Auten) Law360 (July 25, 2018)
• “Pulling the ‘Trigger’ on the Hatch-Waxman Act’s 180-Day Exclusivity Using Inter Partes Review,” The John Marshall Review of Intellectual Property Law (May 2015)
• “Effects of pH and Ionic Strength on the Assembly and Bundling of FtsZ Protofilaments: A Possible Role of Electrostatic Interactions in the Bundling of Protofilaments,” (co-author) International Journal of Biological Macromolecules (2006)