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 proceedings and 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.
Recognitions
- Chambers Global has recognized Jeff for Intellectual Property: Patent (USA) (2016–2023).
- Jeff was named a “Life Sciences Star” by LMG Life Sciences for his work in General Patent Litigation (most recently in 2022).
- Sidley received the “Chambers Award for Excellence” from Chambers USA in the Intellectual Property category. Sidley’s Intellectual Property group was named “Team of the Year” in 2014 and 2011.
- Chambers USA has recognized Jeff annually since 2011, with clients descriptions of him as “terrific and extremely knowledgeable in the patent office on IPR procedures,” “a go-to adviser because of his exceptional case development skills and strategy,” and “an expert Hatch-Waxman litigator with extensive experience in district court and appellate proceedings.”
- Jeff was named a Fellow of the American Bar Foundation in 2021.
- Jeff was named an “Intellectual Property Trailblazer” by the National Law Journal in 2017.
- Jeff was shortlisted by Managing IP as one of the leading PTAB practitioners of 2015.
- International Who’s Who Legal has recognized Jeff as a leading practitioner in intellectual property or life sciences since 2008.
- PLC has recognized Jeff since 2003 as a leading lawyer in life sciences, intellectual property or IP business transactions.
- IAM has recognized Jeff as one of the world’s leading patent professionals in its IAM 1000 publication annually since 2013.
- Jeff has been recognized by Best Lawyers of America annually since 2008 for life sciences or intellectual property.
- Jeff was named one of top 45 lawyers in the country under the age of 45 by American Lawyer magazine in 2003.