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James Anderson is an attorney in the Litigation Department and a member of the firm’s Asset Management Litigation and Intellectual Property groups. Jim leverages his technological background and expertise to represent clients in sophisticated business and intellectual property disputes.

Jim has experience litigating cases for clients in the technology, life sciences, and financial services industries, including a significant number of pharmaceutical, biotech, consumer electronics, and asset management clients. He has litigated cases in state and federal courts throughout the United States, as well as before the International Trade Commission and Patent Trial and Appeal Board.

In addition to his commercial litigation practice, Jim advises clients on intellectual property strategy spanning the full range of patent, trademark, and trade secret protections. He has developed and maintained intellectual property portfolios in a broad range of industries, including consumer products, medical devices, machining and fabrication equipment, and semiconductor devices. Jim is registered to practice before the United States Patent and Trademark Office.

Jim also maintains an active pro bono practice. He has been awarded for his work on behalf of victims of domestic violence and abuse.

Jim has a degree in Mechanical Engineering, with a concentration in energy, power, and fuel cell technologies, from the University of Connecticut. Prior to joining Proskauer, Jim served as a judicial intern in the U.S. District Court for the District of Connecticut and represented clients with the UConn Intellectual Property and Entrepreneurship Law Clinic.

The European Union has been a leader in recent years when it comes to regulatory reform intended to protect individuals’ privacy, safety, and health. As Europe leads the way, regulators in the United States often follow suit on the federal or state level. The EU’s passage of the General Data Protection Regulation (GDPR), intended to protect personal data, is a prime example. Several years after GDPR enactment, California adopted a privacy rights statute of its own, the California Consumer Privacy Act (CCPA). Other states have since passed comprehensive consumer privacy laws, with similar proposals under consideration in many state legislatures. This progression should serve as a reminder for those in the United States to keep a watchful eye on European regulatory activity as a potential harbinger of things to come in the U.S.

Continue Reading U.S. Medical Device Manufacturers Should Take Note of New European Medical Device Regulations

In an opinion issued on March 3, 2021, the Supreme Court of Delaware, one of the top commercial courts in the country, overturned a jury verdict that Glaxo Group Limited and Human Genome Sciences, Inc. (collectively, “GSK”) breached the implied covenant of good faith and fair dealing when GSK disclaimed all the claims of a lupus treatment patent it had licensed from Biogen thereby extinguishing its obligation to pay ongoing royalties on sales of its lupus treatment drug. The court’s reasoning and the outcome raise important considerations for life sciences practitioners in the transactional, litigation, and patent disciplines.

Continue Reading Delaware High Court Allows Licensee To Stop Royalty Payments By Disclaiming Patent Claims