William M. Jay

Willy Jay is a partner in Goodwin’s Appellate and Supreme Court Litigation practice. After ten years leading that practice, he recently became co-chair of Goodwin’s broader Complex Litigation and Dispute Resolution practice. Willy uses his deep experience litigating before the U.S. Supreme Court and U.S. Courts of Appeals, including more than 80 oral arguments, to help clients formulate winning appellate strategy. His appellate skill led Benchmark Litigation to name him the nationwide Appellate Lawyer of the Year for 2020. A former Assistant to the Solicitor General and Supreme Court clerk, he has argued 18 cases before the Supreme Court, briefed more than 60 Supreme Court cases on the merits, and briefed more than 150 cases at the certiorari stage. In recent years he argued five of the most significant intellectual-property cases at the Court, involving patent, copyright, and trademark law.

Willy has handled cases in every federal court of appeals as well. He has filed more than 300 briefs in federal and state appeals courts and argued in 11 federal circuits. He is a prominent advocate at the Federal Circuit, where he has argued 30 times, filed more than 120 briefs in patent appeals, and been recognized as “Appellate Litigator of the Year" by both Managing IP and LMG Life Sciences. Willy also regularly counsels clients on appellate strategy at the trial level, preparing and arguing key motions and post-trial briefing before district courts and federal and state administrative agencies.

Willy is recognized in Band 1 in two different appellate categories in Chambers USA: America’s Leading Lawyers for Business, where clients praise him for being "a rocket scientist" whose "spectacular brief writing" and "keen and analytical mind" enable him to “take any issue on appeal.” Another client noted that Willy "is an extraordinary litigator" who "has a unique way of synthesizing complex arguments and making them understandable." Other clients comment that Willy is “A super-efficient appellate litigator who is able to cut straight to the most critical issues and construct simple, persuasive arguments from extremely complex legal and factual records." Forbes named him to its inaugural list of America’s Top 200 Lawyers. Willy is also listed in Legal500 and Best Lawyers in America. Law360 named him an “Appellate MVP.” He has been named “Litigator of the Week” by the AmLaw Litigation Daily.

Willy has particular experience in appellate cases involving intellectual property (including patent, copyright, and trademark law), financial services, administrative law (with a particular focus on pharmaceutical regulation), environmental law, class action practice, federal preemption of state law, and the First Amendment (including campaign finance regulation, election law, and election crimes).

Since joining Goodwin, Willy has handled complex litigation matters in the Supreme Court; in the First, Second, Third, Fourth, Fifth, Seventh, Eighth, Ninth, Eleventh, DC, and Federal Circuits; in several state appellate courts; and in various trial courts and administrative agencies.

His recent Supreme Court matters include victories in four significant intellectual-property cases:

• Patent claim construction – Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc.: The Supreme Court agreed to take up the subject of patent claim construction for the first time in nearly 20 years and hear Teva’s challenge to the Federal Circuit’s longstanding precedent insisting on reviewing factual issues de novo. Willy was counsel of record on the successful petition for certiorari and the merits briefs and argued the case in October 2014. In January 2015, the Supreme Court agreed with Teva’s arguments by a vote of 7-2, vacating a Federal Circuit decision that had invalidated patent protection for Teva’s blockbuster multiple sclerosis drug, Copaxone® 20mg
• On-sale bar – Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc.: This was the Supreme Court’s first opportunity to consider the revised standards for patentability under the 2011 America Invents Act. Willy was counsel of record on the merits brief and argued the case in December 2018. The court unanimously agreed with Willy’s argument that an invention is “on sale” for purposes of the statute if it is sold or offered for sale, and that it does not matter whether the sales are public or make the invention “available to the public” more broadly
• Copyright eligibility – Star Athletica, L.L.C. v. Varsity Brands, Inc.: The Supreme Court took this case to clarify when an artistic design feature can qualify for a copyright. Willy argued the case in October 2016 for the copyright owner, which designed original artwork appearing on clothing. The Supreme Court ruled for Willy’s client by a vote of 6-2 that the designs were copyright-eligible and rejected the argument that the designs were influenced
• Trademark preclusion – B&B Hardware, Inc. v. Hargis Industries, Inc.: The Supreme Court ruled for the first time that the Trademark Trial and Appeal Board can render a decision binding on a federal district court in trademark-infringement litigation. Willy’s client had won a decision before the Trademark Board on the “likelihood of confusion” between two trademarks; the Court held by a vote of 7-2 that the infringer could not relitigate that same issue before a jury. Willy was counsel of record on the successful petition for certiorari and the merits briefs and argued the case in December 2014
• Willy also persuaded the Supreme Court to grant certiorari to resolve questions about the scope of the Fair Housing Act. Willy was counsel of record on the petition for certiorari and the merits briefs for several major lending institutions. The Supreme Court agreed with Willy’s argument and set aside the appellate decision applying a relaxed causation standard
• Willy represented a group of Indian tribes in successfully defending a district-court injunction in a conservation case involving interpretation of several 150-year-old treaties

Willy's other recent appellate matters include:

• A complete victory in the Fifth Circuit for The Boeing Company and its co-defendant Southwest Airlines. Willy argued the appeal for Boeing. The court not only reversed the district court’s certification of four nationwide classes in a RICO class action, but ordered the district court to dismiss the case altogether
• An en banc victory in the Third Circuit in a shareholder derivative action. The court unanimously held that knowledge of deficiencies in a company’s compliance system does not amount to knowledge of actual violations, and it accordingly rejected claims that the company’s board members breached their fiduciary duty of loyalty
• Obtaining a preliminary injunction on constitutional grounds, barring the application of a state price-control law to out-of-state transactions
• Winning a Fourth Circuit decision rejecting preferred shareholders’ challenge to a merger involving two real estate investment trusts
• On behalf of several national financial institutions, persuading the Seventh Circuit to affirm summary judgment in a major Fair Housing Act lawsuit brought by one of the country’s largest local governments. The Seventh Circuit held that the plaintiff could not establish proximate cause
• Obtaining a precedent-setting decision by the Fourth Circuit in a dispute over international discovery on behalf of a Swiss pharmaceutical company. The Fourth Circuit adopted a new standard for when a foreign company can be “found in” the United States and subjected to discovery under 28 U.S.C. 1782
• Persuading the Ohio Supreme Court to grant review of an appellate decision in a certified statewide class action, involving issues under the Ohio Constitution and questions of class certification
• Defeating, in the Eleventh Circuit, an attempt by the Consumer Financial Protection Bureau to relitigate claims barred by a nationwide settlement
• Winning dismissal of securities class actions against life sciences companies, in both the Second and Eleventh Circuits
• Successfully representing pharmaceutical companies in litigation challenging the FDA’s approval of new drug products, both in federal district courts and in the DC Circuit
• Successfully defending, in the Fourth Circuit, a complete defense victory at trial in a certified class action under the Real Estate Settlement Procedures Act. Willy co-authored the successful briefs and argued the appeal
• Representing Gillette in a Third Circuit appeal against one of its competitors, defending Gillette’s right to bring patent infringement claims in court and not in arbitration
• On behalf of four nationwide mortgage lenders, persuading the Ninth Circuit to dismiss a False Claims Act lawsuit demanding a multi-billion-dollar recovery

Willy’s recent intellectual property appeals include:

• In an appeal involving two competitors in the medical-device industry, persuading the Federal Circuit to disapprove a district court decision invalidating as indefinite all 40 asserted patent claims
• In an appeal from a jury-trial decision between agricultural biotech competitors, winning reversal of the jury’s adverse verdict on patent ownership and obtaining a new remedy proceeding
• In a dispute between competitors in the petroleum industry, winning reversal of an adverse bench-trial decision regarding the on-sale bar and vacatur of an enhanced damages award
• Defeating an obviousness challenge to a pharmaceutical patent that subsequently produced a major jury award against a competitor
• Representing a pharmaceutical company as lead appellate counsel challenging a nine-figure jury infringement award won by a competitor
• Winning reversal of decisions by the Patent Trial and Appeal Board under both inter partes review and “covered business method” review
• Obtaining precedent-setting decisions from the Federal Circuit on infringement, obviousness, written description, enablement, subject-matter eligibility, and venue, In a variety of industries including medical technology, diagnostics, robotics, aerospace, consumer electronics, semiconductors, pharmaceuticals, biologics/biosimilars, and software

Prior to joining Goodwin in 2012, Willy served for five years as Assistant to the Solicitor General at the U.S. Department of Justice. In that capacity, he handled Supreme Court and appellate matters for a wide variety of federal agencies, including every Cabinet Department and numerous executive and independent agencies. Previously, he was a litigation associate with Gibson, Dunn & Crutcher in its Appellate and Constitutional Law Practice Group.

Chambers USA has ranked Willy in Band 1 for his work in Appellate Law and, separately, in Band 1 for Intellectual Property: Appellate. He has been ranked in Appellate Law since 2015 and in Intellectual Property: Appellate since the category debuted; he is one of only four lawyers ranked in Band 1 in both categories.

Willy Jay was named to Forbes’ list of America’s Top 200 Lawyers for 2024.

Benchmark Litigation has recognized Willy as a Litigation Star in Washington DC each year since 2021 for his work in Appellate and previously honored him as Appellate Lawyer of the Year (2020).

Willy has been recognized as a Hall of Fame lawyer in the Appellate practice area by The Legal 500 each year since 2021.

Willy has been recognized by The Best Lawyers in America for his work in Appellate Practice each year since 2016.

Willy Jay was selected as the Appellate Litigator of the Year – Intellectual Property at the 2024 LMG Life Sciences Americas Awards.

William Jay was recognized as a Patent Star in Managing IP's 2024 list of IP Stars and was previously named Appellate Litigator of the Year (2017).

Willy was recognized in the DC – Litigation and US Court of Appeals for the Federal Circuit categories by The IAM Patent 1000 in 2021-2023. He was also listed among the top patent practitioners in IAM's 2024 rankings.

As Assistant to the Solicitor General, Willy received the Attorney General’s Distinguished Service Award for his work on litigation arising from the bankruptcy of Chrysler, as well as a Special Commendation from the DOJ’s Environment and Natural Resources Division for his work on litigation involving oil drilling, invasive species and interstate water rights.

While in law school, Willy was executive editor of the Harvard Law Review.

Willy’s recent publications include:

• Contributor, “Guide to Biosimilars Litigation and Regulation in the U.S. 2023-2024 ed.,” Thomson Reuters, January 2024
• Co-Author, "What Comes Next for Sections 11 and 12(a)(2) After 'Slack'?" Law.com, November 8, 2023
• Co-Author, “High Court: Section 11 Securities Plaintiffs Must Trace Shares to Challenged Registration Statement,” New York Law Journal, June 26, 2023
• Contributor, "Guide to Biosimilars Litigation and Regulation in the U.S., 2022-2023 ed.," Thomson Reuters, December 2022
• Contributor, "Guide to Biosimilars Litigation and Regulation in the U.S., 2020-2021 ed.," Thomson Reuters, February 2021
• Contributor, "Guide to Biosimilars Litigation and Regulation in the U.S., 2019-2020 ed.," Thomson Reuters, November 2019

Willy’s recent speaking engagements include:

• Speaker, “U.S. Supreme Court Preview,” U.S. Chamber Litigation Center, October 2024
• Panelist, “DC Bar's Supreme Court Review and Preview 2024,” DC Bar, September 2024
• Panelist, “Chevron Overturned: Implications of Loper Bright and Relentless for Consumer Financial Services,” Goodwin Webinar, July 2024
• Panelist, “Ballard Spahr Webinar: Who Will Win Cantero v. Bank of America, N.A. And What Does It Mean For You?” Ballard Spahr Webinar, April 2024
• Speaker, “The Supreme Court’s 2023-2024 Term: Civil Rights, the CFPB, and Everything Else in Between,” Goodwin Webinar, October 2023
• Speaker, “CFPB v. Consumer Financial Services Association of America: Post-Argument Debrief on the Constitutionality of the CFPB,” Goodwin Webinar, October 2023
• Panelist, “DC Bar's Supreme Court Review and Preview 2023,” DC Bar, September 2023
• Panelist, “Supreme Court Preview,” William & Mary Law School, September 2022
• Speaker, “Supreme Court Review & Preview 2022,” DC Bar, September 2022
• Speaker, “A Dialogue Between Bench and Bar,” CLE International’s IP & Ski Conference, January 2022
• Speaker, “The U.S. Supreme Court’s 2021–2022 Term: What Company Counsel — and Citizens — Need to Know,” Goodwin Webinar, September 2021
• Speaker, “Preview of the 2021-2022 SCOTUS Term,” Virginia Bar Association Appellate Summit, September 2021
• Speaker, “The Supreme Court’s Work-from-Home Term, 2020-21: Pandemic law, telephone argument, and a new Justice,” Goodwin Webinar, June 2021
• Speaker, “Civility and the Profession (Ethics),” Federal Circuit Bar Association 2021 Bench & Bar Virtual Conference, June 2021
• Speaker, “United States v. Arthrex Inc.: Post-Argument Debrief on the Constitutionality of IPRs,” Goodwin Webinar, March 2021
• Speaker, “2020 Supreme Court IP Review,” Supreme Court IP Review Conference, October 2020
• Speaker, “Supreme Court Review and Preview 2020,” DC Bar, September 2020
• Speaker, “Site Check Webinar: Are Your Website and Mobile App Exposing You to Liability?” Goodwin Webinar, January 2020
• Speaker, “Talc Litigation Seminar,” Goodwin Seminar, November 2019
• Speaker, “The Changing Landscape of Patents and Hatch-Waxman,” AAM: Generic + Biosimilar Medicines Conference, November 2019
• Speaker, “Supreme Court and Appellate Courts Year in Review Webinar,” Mortgage Bankers Association, September 2019
• Speaker, “The Census, the Cross, and Kavanaugh: The First Term of the New Supreme Court Appellate Practice CLE Lunch,” Utah State Bar’s Appellate Section and Utah Chapter of the Federal Bar Association, July 2019
• Speaker, “Gerrymandered Districts, Immoral Trademarks, and a 32-Foot Cross: The Supreme Court’s 2018 Term CLE,” Goodwin Seminar, May 2019
• Panelist, “CLE and Award Program,” The American Society of Legal Writers, April 2019