Stuart Yothers has over 20 years of experience advising innovative companies around the world in high-stakes intellectual property matters. He was trial counsel in the first trial of its kind on fair, reasonable, and non-discriminatory (FRAND) licensing terms for standards-essential patents (SEPs). Stuart has advocated for clients in more than 30 complex lawsuits before the federal district courts, the International Trade Commission (ITC), and the Patent Trial and Appeal Board (PTAB). He routinely represents overseas clients (particularly those in Asia) facing patent and trade secret disputes in the United States.
Clients in diverse industries, including electric vehicles, wireless communications, semiconductors, medical devices, pharmaceuticals (ANDA litigation), and optics, have relied on Stuart to represent them in complex intellectual property matters. Most recently, Stuart co-led the successful defense of SK Innovation in a four-patent ITC investigation initiated by LG Chem involving lithium-ion battery technology used in electric vehicles. He has advised multiple clients in the negotiation of complex transactions and license agreements, including those implicating SEPs. In addition, Stuart has significant experience developing patent portfolios, including strategic counseling and patent procurement, for medical device and electronics companies.
Stuart co-chairs Jones Day's Intellectual Property Diversity, Inclusion and Advancement Committee and serves on IPO's Diversity Committee, IPO's Litigation Committee, and NYIPLA's Trade Secrets Committee. He also maintains an active pro bono practice, which includes successfully arguing summary judgment in an employment discrimination case brought under the Rehabilitation Act, amicus filings on behalf of civil rights organizations, and working with asylum seekers.
Experience
The following represents experience acquired prior to joining Jones Day.
Represented a leading telecommunications company in connection with the negotiation of FRAND licenses for 4G/LTE standard essential patents.
Defended a Japanese electronics company in a multipatent infringement action involving technology on telecommunications network security.
Advised a Japanese technology company in connection with intellectual property rights issues related to early stage formation of standard setting organizations.
Defended a Japanese electronics company in a multipatent infringement action brought by Intellectual Ventures.
Represented Motorola in a multiple patent dispute against Microsoft.
Represented a Korean electronics company against Wi-LAN, a nonpracticing entity, in a patent dispute involving IEEE 802.11 "WiFi" technology and CDMA2000 technology (case settled).
Represented Entegris in a multipatent dispute against its chief competitor related to a mechanism for the quick connection of filters employed in clean room fabrication plants (case settled).
Lead counsel in a disability-related employment discrimination action against the U.S. State Department's Foreign Service (case settled).
Represented a medical device company before the Federal Circuit regarding the appeal of an interference proceeding related to pulse oximeter technology.
Represented Cancer Research Technology and Schering Corporation against Barr Laboratories. After a seven-day ANDA trial involving the patent covering TEMODAR®, which is the leading chemotherapy drug used in the treatment of glioma (a type of brain cancer), the district court prevented Barr from entering the market pending appeal. The Federal Circuit confirmed the enforceability of the patent-in-suit on appeal.
Represented a medical device company in pursuing patent protection for minimally invasive cardiac bypass devices and procedures.
Represented a manufacturer in pursuing patent protection for components of induction motors and methods for manufacturing those components.
- Fordham University (J.D. cum laude 2005; Staff Member, Fordham Intellectual Property Media and Entertainment Law Journal; Fordham Law Alumni Association Medal in Constitutional Law); Columbia University (B.S. in Civil Engineering magna cum laude 2001); Wofford College (B.S. in Physics magna cum laude 2001)
- New York; Massachusetts; U.S. Supreme Court; U.S. Court of Appeals for the Second and Federal Circuits; U.S. District Court for the Eastern and Western Districts of Texas, Southern and Eastern Districts of New York, and District of Massachusetts; and registered to practice before the U.S. Patent and Trademark Office
Rising Star, New York Metro Super Lawyers (2012-2018)
Named as a Thomson Reuters Stand-out Lawyer (February 2022)