Jason Lief
Partner

Jason Lief is Co-Chair of Intellectual Property at Gersten Savage, where his practice focuses on patent and intellectual property litigation and counseling.

Mr. Lief has successfully represented clients in several dozen major patent litigations, including Hatch-Waxman cases involving billion-dollar pharmaceutical products and matters concerning other cutting-edge technologies. Mr. Lief's extensive trial and litigation experience includes trying patent infringement, validity and enforceability issues before United States federal judges and juries, arguing before the U.S. Court of Appeals for the Federal Circuit and managing and conducting all aspects of discovery, including foreign court appearances pursuant to the Hague Convention.

Mr. Lief’s practice also involves opinion work, counseling and due diligence regarding a variety of patent and intellectual property concerns. He is a frequent speaker on patent law developments.

Mr. Lief’s matters have spanned the technologies of organic chemistry, biotechnology, antibodies, combinatorial chemistry, RNAi technology, antibiotics, anti-depressants, anti-retroviral and anti-ulcer medicines, sustained-release medicines, drug-stabilization, polymers, advanced battery systems, detergents and deodorant technologies.

　 Among his accomplishments, Mr. Lief has:

• Tried and upheld the validity and enforceability of a patent covering a major antibiotic medication on behalf of one of the world’s largest pharmaceutical companies.

• Successfully enforced and settled, as lead counsel, a series of patent litigations involving nutraceutical health-supplements.

• Crafted the winning cross-examination that revealed the opposing expert’s "monstrous error" of chemistry in a Hatch-Waxman patent case involving one of the world’s best-selling anti-ulcer medications.

• Argued successfully for the exclusion of opposing counsel in a patent litigation involving a blockbuster anti-depressant.

• Briefed the successful appeal of a patent case involving a blockbuster sustained-release anti-depressant medicine.

• Forced a generic defendant to stipulate to infringement of a patent covering a blockbuster anti-depressant.

• Maintained a patent / licensing dispute in federal court over federal-question jurisdiction and Eleventh Amendment objections.

• Obtained pivotal Hague Convention testimony in Australia and France in two separate patent litigations.

• Successfully settled a design patent case in the jewelry field.

• Stayed a trade secret litigation in favor of arbitration on behalf of one of the world’s largest consumer products companies.

• Participated in the successful settlement of several major patent disputes between two of the world’s largest consumer products companies.

Representative reported cases include: Glaxo Wellcome, Inc. v. Andrx Pharmaceuticals, Inc., 344 F.3d 1226 (Fed. Cir. 2003); Andrx Pharmaceuticals, LLC v. GlaxoSmithKline,　PLC, 236 F.R.D. 583 (S.D. Fla. 2006), aff’d., 2006 WL 2403942 (S.D. Fla. 2006); Concat LP v. Unilever, PLC, 350 F.Supp.2d 796 (N.D. Cal. 2004); Glaxo Wellcome, Inc. v. Pharmadyne Corp., 32 F.Supp.2d 265 (D.Md. 1998); University of Minnesota v. Glaxo Wellcome, Inc., 58 F.Supp.2d 1036 (D. Minn. 1999) and 44 F.Supp.2d 998 (D. Minn. 1999); Glaxo Group Ltd. v. Apotex, Inc., 130 F.Supp.2d 1006 (N.D. Ill. 2001); Glaxo Wellcome, Inc. v. Ben Venue Labs., 1998 WL 965993 (N.D. Ohio Jul. 31, 1998); and　 Pfizer, Inc. v. Perrigo Co., 988 F.Supp. 686 (S.D.N.Y. 1997).

While in law school, Mr. Lief was the Notes Editor for the Cardozo Law Review. In addition, Jason holds a degree in Chemistry and was elected to Phi Beta Kappa as an undergraduate.

Mr. Lief is admitted to practice in the state of New York, the U.S. District Courts for the Southern and Eastern Districts of New York, the United States Court of Appeals for the Federal Circuit, and in the United States Supreme Court.