Jessamyn Berniker’s practice focuses on patent litigation and licensing disputes. She has handled patent litigation and licensing dispute matters in a wide variety of industries, including the pharmaceutical, biotechnology, electronic, digital media, and medical device industries. In conjunction with her pharmaceutical practice, Jessamyn has served as counsel to companies such as AstraZeneca, Pfizer, Alcon (now part of Novartis), Takeda, and Bayer. As part of her biotechnology practice, Jessamyn has served as counsel to companies such as MedImmune, Genentech and ACell.
Managing Intellectual Property has recognized Jessamyn as one of the global “IP STARS - Top 250 Women in IP” from 2013 - 2016. LMG Life Sciences recognized Jessamyn as a “Life Science Star” in the area of patent litigation from 2012 to 2016. Jessamyn is the Co-Chair of the Pharma Litigation subcommittee for the ABA Intellectual Property Law Patent Litigation Committee for 2016-2017. She also served as Co-Chair of the subcommittee for 2015-2016.
Jessamyn is a former clerk at the U.S. Court of Appeals for the Federal Circuit. She has argued before the Federal Circuit and has participated in ten trials, including several patent matters. She has significant litigation experience in criminal, copyright, antitrust, legal malpractice, and general civil matters as well.
She regularly serves on the faculty of the ALI course Trial of a Patent Case.
Born in Los Angeles and raised in Washington State, Jessamyn received her B.S. in chemistry, magna cum laude, from Pacific Lutheran University in 1998, and her J.D., cum laude, from Harvard Law School. During college and prior to law school she spent several months conducting organic chemistry research at Argonne National Laboratory just outside of Chicago. After law school, Ms. Berniker was a law clerk to Judge Arthur J. Gajarsa of the Court of Appeals for the Federal Circuit. She joined Williams & Connolly in 2002. Jessamyn is proficient in French.
She is a long-time member of the 18th Street Singers, a Washington-based choir that performs regularly at the Kennedy Center.
Though all cases vary and none is predictive, Jessamyn’s experience includes:
- Second-chaired a Hatch-Waxman matter on behalf of Pfizer in connection with the anti-cancer agent, Sutent® in which the District of Delaware Court ruled in Pfizer’s favor, and the Court of Appeals for the Federal Circuit affirmed the decision on appeal.
- Counsel for energy services company Petroleum GeoServices in inter partes review proceedings against Schlumberger subsidiary WesternGeco relating to patents directed to seismic surveying technology. Argued successfully before the PTAB that three patents asserted by WesternGeco against Petroleum GeoServices were invalid. The asserted patents previously were the subject of a district court judgment of validity and damages of over $100,000,000 against Petroleum GeoServices’ supplier.
- Represented MedImmune in a dispute against PDL BioPharma in which MedImmune won summary judgment invalidating a key biotechnology patent held by PDL and further obtained a $92.5 million settlement from PDL.
- Helped Genentech obtain the complete dismissal of a class action matter asserting RICO and California state law unfair competition claims, a victory that was affirmed by the 9th Circuit Court of Appeals.
- Successfully argued claim construction on behalf of Alcon in the Southern District of Indiana.