Jeffrey Kushan

Practice Areas

JEFFREY KUSHAN is a partner with Sidley in Washington, D.C. He serves as a global coordinator of the firm’s national IP Litigation practice, and focuses his practice on patent litigation, patent appeals, and contested proceedings before the Patent Trial and Appeal Board (PTAB).

Jeff leverages his deep scientific and patent law experience to develop winning strategies in complex, high-stakes patent litigation. He has represented companies in district court litigation involving groundbreaking cancer biologics, biosimilar and generic drug products under the BPCIA and Hatch-Waxman Act, and a diverse array of consumer electronics, software, industrial biotechnology and other technologies. Jeff also has an extensive practice representing companies before the Patent Trial and Appeal Board — he has been lead counsel in more than 225 PTAB proceedingsand argued more than 25 times before the Board. Jeff also represents clients in patent appeals before the Federal Circuit and the Supreme Court, and has authored more than a dozen amicus briefs for companies and trade associations before those courts.

In addition to his work on patent litigation, Jeff advises clients, including trade associations, on domestic and international patent policy matters, including patent law reform, the BPCIA and Hatch-Waxman systems, and legislation concerning follow-on biological products. Prior to entering private practice, Jeff served in the Patent and Trademark Office where he led efforts to develop biotechnology and software examination standards, worked on implementation of the TRIPS Agreement and other legislation, and supported negotiations on patent law, environmental and trade agreements. Jeff also served in the Office of the United States Trade Representative in Geneva, Switzerland, where he was the chief U.S. negotiator for the 1996 WIPO “Internet” treaties and represented the U.S. in WTO disputes involving the TRIPS Agreement. Jeff has testified numerous times before Congress on patent law, trade and other topics, and is a frequent lecturer on domestic and international patent issues. Jeff is also an adjunct faculty member of the George Washington University Law School, where he teaches international and comparative patent law.