Alexis AdianSmith (Lexi)

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Los Angeles + 1.213.243.2653

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Lexi Smith assists clients in complex intellectual property disputes. She has litigated cases involving patent infringement, trade secret misappropriation, licensing disputes, trademark infringement, copyright infringement, false advertising, unfair competition, breach of contract, and other business-related torts.

Lexi recently represented a pharmaceutical company in patent litigation involving a method of treating non-small cell lung cancer. She examined several witnesses at the five-day jury trial, and the jury awarded more than $100 million to Jones Day's client after less than three hours of deliberation. In recent years, Lexi obtained a unanimous arbitration award for breach of a gene therapy patent license on behalf of a biotech company. Her arbitration experience also includes breach of contract and misappropriation of trade secrets relating to insulin technology. Lexi has also litigated several district court actions and Federal Circuit appeals involving infringement of vaporizing technology. She previously represented a start-up company in a trial involving breach of contract, tortious interference with contract, and infringement of strawberry plant patents.

Lexi also obtains pretrial resolutions of disputes, including through settlement and motion practice. She successfully settled a case on favorable terms for an electronics manufacturer at the pleading stage after submitting a compelling motion to dismiss. She has also represented a satellite television distributor and its manufacturers in an action where Jones Day successfully obtained a summary judgment ruling dismissing claims of infringement against the component manufacturers.

Prior to entering the legal profession, Lexi spent four years as a practicing chemical engineer.

Experience

  • R.J. Reynolds asserts patent infringement claims at ITC against dozens of respondents over disposable vaporizersJones Day represents R.J. Reynolds entities as complainants in a Section 337 patent infringement investigation before the International Trade Commission (ITC) against dozens of respondents, alleging infringement of a patent directed to a disposable vaping device.
  • Pharmaceutical company wins $107.5 million jury verdict in patent dispute involving AstraZeneca's lung cancer treatment Tagrisso®Jones Day on behalf of a pharmaceutical company won a jury award of $107.5 million in damages after a five-day trial and less than three hours of jury deliberation.
  • R.J. Reynolds successfully enforces patents in ITC trial against Philip Morris in dispute over cigarette alternativeJones Day's client Reynolds achieved a precedent-setting victory before the International Trade Commission (ITC) against its main competitors Philip Morris Products S.A. ("Philip Morris") and Altria Client Services LLC ("Altria") in a patent infringement dispute involving tobacco heating and vaping products.
  • Merck unit resolves DJ action involving pneumococcal vaccine patentsJones Day represented Merck Sharp & Dohme Corp. in an action in Delaware district court against Pfizer (through its subsidiaries including Wyeth, LLC) involving several patents on Wyeth’s vaccine technology.
  • REGENXBIO wins unanimous award of over $33 million issued against former licensee in AAA arbitrationJones Day, on behalf of REGENXBIO Inc., secured a unanimous final award of over $33 million from a three-member AAA panel following a multi-day arbitration against REGENXBIO's licensee Abeona Therapeutics Inc.
  • GTAT protects trade secrets, obtains restraining order against former employeeJones Day assisted GT Advanced Technologies (GTAT), a leader in providing technology solutions to the solar industry, in pursuing claims of trade secret misappropriation and breach of contracts against a former employee when he departed the company after over a decade of exposure to its trade secrets and confidential information.
  • Lam Research attempts merger with KLA-TencorJones Day represented Lam Research Corporation in its proposed acquisition of all outstanding shares of KLA-Tencor Corporation in a cash and stock transaction that placed an equity value on KLA-Tencor of approximately $10.6 billion based on its closing stock price on October 20, 2015.
  • Riverside acquires Sina Pearson TextilesJones Day advised The Riverside Company in connection with its acquisition of Sina Pearson Textiles Inc., a contract textile supplier that designs and distributes fabric to architectural and design firms.
  • Riverside acquires Momentum GroupJones Day advised The Riverside Company in connection with the acquisition and related financing of the Momentum Group, an award-winning and industry-leading distributor of commercial interior fabrics, wallcoverings, and related products.
  • DIRECTV and component manufacturers prevail on summary judgment in patent infringement caseJones Day representing The DIRECTV Group, Inc., as well as numerous manufacturers of components used in DIRECTV's systems, prevailed by obtaining summary judgment rulings holding: (1) that a covenant not to sue between DIRECTV and Global was breached by Global's filing of this lawsuit; and (2) that the component manufacturers did not infringe Global's patents.
  • Celgene invests in and enters into strategic collaboration with NantBioScienceJones Day represented Celgene Corporation, a biopharmaceutical company, in connection with its purchase of $75 million of Series A Preferred Stock in a private placement by NantBioScience, a subsidiary of NantWorks, LLC and a biopharmaceutical company focused on the discovery of innovative treatments by developing molecularly targeted drugs.
  • Lesso America defends use of LESSO trademarkChina Lesso Group Holdings Limited/Lesso America retained Jones Day to defend it against claims of trademark infringement brought by Lasco Fittings in the United States District Court for the Central District of California.
  • DIRECTV defeats patent infringement charges over broadcast satellite TVJones Day defended DIRECTV and related companies in a patent infringement action involving multiple patents allegedly reading on aspects of its television satellite broadcast technology.
  • Mag Instrument prevails in opposition against MAGSTUD markJones Day brought a trademark opposition on behalf of Mag Instrument, Inc. against MAGSTUD mark application for magnetic stud finders.
  • Mag Instrument successfully challenges use of infringing domain name in UDRP proceedingJones Day successfully represented Mag Instrument, Inc. in a domain name dispute under the UDRP before the WIPO Arbitration and Mediation Center in connection with the infringing domain name maglite.me.
  • Mag Instrument asserts trademark infringement and unfair competition action against tool companyJones Day represents Mag Instrument, Inc. in a trademark infringement and unfair competition action against a tool and equipment supply company. 
  • Tokyo Electron acquires FSI International, leading provider of cleaning and surface preparation equipment, for $252.5 millionJones Day advised Tokyo Electron Limited, a leading manufacturer of semiconductor manufacturing equipment, in connection with its acquisition of FSI International, Inc., a leading provider of cleaning and surface preparation equipment, for $252.5 million.
  • ABB acquires wireless technology company Tropos NetworksJones Day advised ABB in its acquisition of Tropos Networks Inc., a Silicon Valley-based company that develops and markets wireless technologies and products for distribution area communication networks.
  • Avanir licenses D-DM from Concert for neurological disordersJones Day represented Avanir Pharmaceuticals, Inc. in its worldwide, exclusive license from Concert Pharmaceuticals to develop and commercialize deuterium-modified dextromethorphan for the potential treatment of neurological and psychiatric disorders.
  • SAP acquires cloud-based business software provider SuccessFactors for $3.4 billionJones Day advised SAP AG in its acquisition of SuccessFactors, the market-leading provider of cloud-based human capital management solutions, for $3.4 billion.
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    September 2014 External Publications

    Four Lessons in Challenging Trademark Use in TTAB Proceedings, INTABulletin, Vol. 69 No. 16

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