Jennifer S. Swan

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Jennifer S. Swan

Partner

Silicon Valley | 3000 El Camino Real, Five Palo Alto Square, Suite 650, Palo Alto, CA, United States of America 94306-2112
+1 650 813 4816 | +1 650 813 4848


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Jennifer S. Swan focuses her practice on developing, enforcing and defending patent rights.  Ms. Swan has extensive experience representing companies in Hatch Waxman Litigation and in the chemical, biotechnology and medical device areas.  Ms. Swan also has experience assisting life science startups in strategic counseling.

Ms. Swan has been involved in all aspects of pre-trial, trial and post-trial proceedings in federal district courts, including the District of New Jersey, District of Delaware, Northern District of California, Eastern District of Pennsylvania and Northern District of Illinois. She has unique experience regarding litigation practice in the Northern District of California, having clerked for two judges in the district. 

Ms. Swan also has participated in numerous appellate proceedings at the U.S. Court of Appeals for the Federal Circuit and proceedings at the U.S. Supreme Court.  She has been involved in some of the most significant recent developments in patent law, including joint infringement and the written description requirement under section 112.  She has also been involved in interference proceedings in federal district courts and proceedings before the Federal Trade Commission.

In addition to her practice, Ms. Swan lectures on the subject matter of patent law on topics, including Hatch-Waxman litigation and Federal Circuit case law.

Experience
  • BioDelivery Sciences International, Inc. (“BDSI”) in multiple Hatch-Waxman litigations against defendants seeking to launch generic versions of Belbuca®   for the treatment of chronic pain, and Bunavail®   for the treatment of opioid dependence. 
  • DuPont de Nemours, Inc. (“DuPont”) in multiple district court litigations and Federal Circuit appeals against MacDermid Graphics Solutions, and separately Agfa Graphics, concerning flexographic printing technology, including the chemical makeup and processes of developing flexographic printing plates and equipment regarding same. Additionally, represented DuPont in post-trial proceedings at the district court and in a Federal Circuit appeal in a case against Novozymes involving commercial enzyme technology that concerned the written description requirement of 35 U.S.C. § 112.
  • Akamai Technologies, Inc. (“Akamai”) before the Federal Circuit, including the en banc appeal, and proceedings before the Supreme Court, in a case against Limelight Networks, Inc. relating to the issue of joint infringement, including preparing a successful petition for rehearing en banc on behalf of Akamai.
  • Eli Lilly and Company (“Lilly”) in multiple litigations and appeals before the Federal Circuit, including representing Lilly in the Ariad en banc rehearing before the Federal Circuit concerning the written description requirement of 35 U.S.C. § 112.  Further, represented Lilly against defendants seeking to prematurely launch generic versions Straterra®, for the treatment of ADHD, including successfully obtaining a preliminary injunction at the Federal Circuit on behalf of Lilly. 
  • GlaxoSmithKline plc (“GSK”) in multiple district court litigations, proceedings before the Federal Trade Commission, appeals before the Federal Circuit, and proceedings before the Supreme Court involving Paxil® for the treatment of depression. Further, represented GSK in a declaratory judgment action filed against GSK involving Bactroban®  cream for the treatment of skin infections, including obtaining a successful settlement for GSK.
  • Endocyte Inc. in strategic counseling during various stages of its product development, including during Phase I and Phase II clinical trials, and in its ultimate successful acquisition by Novartis International AG.
  • Lipocosm LLC in strategic counseling relating to surgical devices and in licensing the technology.

Includes matters handled at Dechert or prior to joining the firm.

Education
  • University of Pittsburgh, B.A., Biological Anthropology
  • University of Pittsburgh, J.D.
Admissions
  • District of Columbia
  • California
  • New Jersey
  • Virginia
  • United States Patent and Trademark Office
External Articles
  • On the Move - Daily Journal (January 19, 2021)
Clerkships
  • United States Court of Appeals for the Federal Circuit, Honorable Randall Ray Rader
  • United States District Court for the Northern District of California, Honorable Jeremy D. Fogel
  • United States District Court for the Northern District of California, Honorable Ronald M. Whyte
Memberships
  • American Intellectual Property Law Association
  • Federal Circuit Bar Association