Jenny J. Zhang

Jenny Zhang, a senior associate in Goodwin’s Intellectual Property Litigation practice and a member of the firm’s Life Sciences Disputes group, represents life sciences and technology companies in factually and legally complex disputes from initial case development through trial and appeal. She regularly practices in US District Courts around the country, at the ITC, at the PTAB, in international arbitrations, and on appeal at the Federal Circuit of Appeals. As a former appellate and district court law clerk, infectious disease researcher, adjunct law professor, and registered patent attorney, Jenny is adept at developing and executing litigation strategy across multiple venues and crafting sophisticated arguments using straightforward, persuasive narratives. She is fluent in Mandarin Chinese. Jenny is an active member of local and national bar organizations, including the Giles S. Rich Inn of Court and the Federal Circuit Bar Association. She also maintains an active pro bono practice.

Representative Matters in Life Sciences and Regulated Devices

• Insulet Corp. in securing a temporary restraining order and preliminary injunction against a potential competitor for misappropriation of trade secrets related to an insulin patch pump device
• Novartis in ITC investigation and related district court litigation asserting Novartis’s pre-filled syringe patent against Regeneron’s EYLEA® (aflibercept) product
• Breeze Smoke in ITC litigation related to allegations under the PACT Act
• Celltrion in parallel BPCIA patent infringement and inter partes review proceedings involving Celltrion’s proposed biosimilar to the oncology drug, Herceptin® (trastuzumab)
• Fresenius Kabi in inter partes review proceedings involving patents on purification processes for proteins expressed in non-mammalian systems
• United Therapeutics in appeals from parallel district court and related PTAB proceedings
• Novartis in appeal of an infringement judgment in litigation brought by Plexxicon
• Teva at trial in litigation against generic manufacturers of Copaxone® 40 mg (glatiramer acetate)
• Actavis at trial over patents in the District of New Jersey related to an oral solid dosage form of the opioid receptor antagonist drug, Relistor® (methylnaltrexone)
• Teva at trial over its generic version of Quillichew (chewable methylphenidate tablets)
• West-Ward Pharmaceuticals in litigation over its generic version of Precedex® (dexmedetomidine)
• E. & J. Gallo Winery in patent litigation related to variable rate irrigation technology
• Global pharmaceutical manufacturers in various non-public representations, including pre-suit investigations and international arbitrations

Other Representative Trade Secret Matters

• Phreesia, Inc. in asserting DTSA and computer fraud claims against a competing provider of patient engagement software
• Alphonso in trade secret litigation over automatic content recognition technology for targeted advertising
• A San Francisco-based start-up in trade secret litigation against a former employee in California state court
• The founder of a Massachusetts-based startup in litigation over patents and trade secrets concerning metal alloy technology

Pro Bono

In addition to her intellectual property litigation practice, Jenny has worked on a wide range of pro bono matters, representing individual and organization clients in both civil and criminal proceedings on a range of issues. Her representations have included the following:

• Successfully challenging, on First Amendment grounds, an anti-panhandling ordinance enacted by the City of Lowell, MA on behalf of homeless residents, McLaughlin v. City of Lowell (D. Mass.)
• Winning a preliminary injunction, on Eighth Amendment and ADA grounds, against a prison’s denial of methadone treatment to an inmate recovering from opioid use disorder, Pesce v. Coppinger (D. Mass.); Preparing a trial defense for indigent former healthcare insurance executive facing multiple federal healthcare fraud and identity theft charges, U.S. v. Brettschneider (D. Mass.)
• Co-authoring a cert-stage amicus brief on behalf of the Federal Circuit Bar Association challenging the Federal Circuit’s application of Chevron deference over the Pro-Veteran Canon, Veteran Warriors, Inc. v. Secretary of Veterans Affairs (SCOTUS)
• Co-authoring a cert-stage amicus brief on behalf of CATO Institute and Florida Association of Criminal Defense Lawyers challenging the Eleventh Circuit’s interpretation of the harmless-error standard in criminal cases, Pon v. United States (SCOTUS)
• Co-authoring a cert-stage amicus brief on behalf of coalition of minority veterans organizations challenging the constitutionality of sex-based Selective Service registration requirement, National Coalition for Men v. Selective Service System (SCOTUS)
• Co-authoring petition for rehearing en banc on Fourth Amendment inevitable discovery doctrine in criminal appeal, U.S. v. Raymond Bullette (4th Cir.)
• Co-authoring amicus brief on behalf of National Women’s Law Center defending constitutionality of the Affordable Care Act, Texas v. United States (5th Cir.)
• Co-authoring amicus brief on behalf of World Professional Association for Transgender Health challenging constitutionality of North Carolina’s public restrooms law, Carcano v. Cooper (4th Cir.)

Jenny serves as a Vice-Chair of the Amicus Committee of the Federal Circuit Bar Association. She is an active member of the Giles S. Rich Inn of Court, where she serves on the Board’s Administrative Committee.

Jenny also serves as a Professorial Lecturer in Law at the George Washington University Law School, where she teaches scholarly writing in connection with the Federal Circuit Bar Journal.

Jenny joined Goodwin in 2013. In 2017-2018, she clerked for the Honorable Cynthia M. Rufe of the U.S. District Court for the Eastern District of Pennsylvania, and in 2019-2020, she clerked for the Honorable Jimmie V. Reyna of the US Court of Appeals for the Federal Circuit.

While attending law school, Jenny served as a judicial intern to the Honorable John G. Koeltl of the Southern District of New York and the Honorable Robert A. Katzmann of the Second Circuit Court of Appeals. She also served as a summer legal intern for the United States Army Judge Advocate General’s Corps at Fort Bragg, North Carolina. Jenny served as a teaching assistant for Torts and Contracts and as an Articles Editor for the Columbia Journal of Gender and Law.

• Moderator, “Trends in Administrative Law,” Giles Rich Inn of Court Panel, November 14, 2023
• Panelist, Foundation for Advancement of Diversity in IP Law Clerkship Panel, June 20, 2023
• Presenter, "Retaining, Preparing, and Working With Expert Witnesses," TRTCLE: Bridge the Gap Compliance Day, January 29, 2023
• Co-Author, "U.S. Legislative Update: Takeaways for European Pharma," European Pharmaceutical Review, November 9, 2022
• Contributor, “Guide to Biosimilars Litigation and Regulation in the U.S., 2019-2020 ed,” Thomson Reuters, November 2019
• Co-Author, “Fed. Circ. Is Adhering To KSR Obviousness Guideposts,” Law360, September 2015
• First Author, “Distribution pattern of Plasmodium falciparum chloroquine transporter (pfcrt) gene haplotypes in Sri Lanka 1996-2006,” American Journal of Tropical Medicine and Hygiene, November 2011