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Pom Wonderful v. Coca-Cola: Supreme Court Rules on Lanham Act and FDCA Food and Beverage Labeling Interplay 2014


Speaker(s): Ira Jay Levy, William M. Jay
Recorded on: Jul. 9, 2014
PLI Program #: 59843

Ira Levy is a partner in Goodwin Procter’s Litigation Department and a member of its Intellectual Property Practice. His practice focuses on the litigation of patent, trademark, copyright, false advertising and related matters for a wide array of industries and in a variety of technical disciplines. Mr. Levy has extensive experience with disputes involving biotechnology, pharmaceuticals and chemistry; electronics, computers and telecommunications; mechanical devices; industrial and consumer products; and the Internet, new media and ecommerce.

Mr. Levy has handled numerous bench and jury trials in federal and state courts nationwide. He also has significant experience practicing before the U.S. Court of Appeals for the Federal Circuit, the U.S. Patent and Trademark Office’s Trademark Trial and Appeal Board, the World Intellectual Property Organization’s arbitration board and the National Advertising Division of the Council of Better Business Bureau. In addition to his litigation work, Mr. Levy works closely with the firm’s Business Law Practice counseling clients on general corporate matters involving intellectual property and the Internet, as well as transactional due diligence.

Mr. Levy has advised and represented numerous companies regarding intellectual property disputes, litigation and counseling, including: Teva Pharmaceuticals, Inc., Campbell Soup Company, Pepperidge Farms, Inc., Godiva, Inc., PepsiCo, Inc., The New York Times Company, The Boston Globe, boston.com, J.P. Morgan Chase, Honest Tea, Inc., New Balance Athletic Shoes, IBM and Teva Pharmaceuticals, Inc.

Ira has also acted as pro bono counsel to the United Way of New York City and cyberangels.org., and is currently a member of the Board of Directors of the New York Intellectual Property Law Association. Mr. Levy presently serves as Lead Director on the Board of Directors of Stomp Out Bullying, a leading anti-bullying and cyberbullying not for profit, and on the advisory board of BUILD – NYC Chapter.

Mr. Levy is a frequent speaker and has written numerous articles on the topics of intellectual property, patent, trademark and copyright laws that have appeared in The New York Law Journal and Metropolitan Corporate Counsel. He also authored chapters in Commercial Damages (published by Matthew Bender & Co.) and the Wiley Intellectual Property Law Update (published by Aspen Law & Business). Mr. Levy serves as the co-chair of the Practicing Law Institutes Advanced Licensing Program, and is a regular presenter at AIPLA, INTA, NYSBA and NYIPLA events. In addition, he maintains an active roster of speaking engagements on intellectual property audit, portfolio development, strategy and management, and Internet and new media matters.


Willy Jay is a partner in the firm’s Litigation Department and a co-chair of its Appellate Litigation Practice. A former Assistant to the Solicitor General, Mr. Jay has extensive experience with litigation in the U.S. Supreme Court and U.S. Courts of Appeals. He has argued 11 cases before the Supreme Court, briefed more than 20 cases on the merits and briefed more than 150 cases at the certiorari stage. He also has significant experience with cases in the Court’s original jurisdiction.

Mr. Jay has handled cases in every federal court of appeals as well. He has personally briefed or argued more than 30 appellate cases, both in private practice and on behalf of the U.S. Department of Justice’s Environment, Criminal and Civil Divisions, and he has participated in numerous appellate matters involving government appeals or amicus participation.

Mr. Jay has particular experience in cases involving federal preemption of state law, environmental law, class action practice, and the First Amendment, including those involving campaign finance regulation, election law and constitutional challenges to public-corruption prosecutions.

WORK FOR CLIENTS

Since joining Goodwin Procter, Mr. Jay has handled complex litigation matters in the Supreme Court; in the First, Second, Third, Fourth, Fifth, Eighth, Ninth, Eleventh, D.C., and Federal Circuits; and in various trial courts and administrative agencies. His recent significant representations include:

  • Successfully winning rehearing en banc in the First Circuit on behalf of a national bank in a putative nationwide class action, and co-authoring briefs that won a complete victory on rehearing en banc.
  • Briefing and orally arguing several significant issues of standing and timeliness under the Securities Act in the Fourth Circuit.
PROFESSIONAL EXPERIENCE

Prior to joining Goodwin Procter in 2012, Mr. Jay served for five years as Assistant to the Solicitor General at the U.S. Department of Justice. In that capacity, he handled Supreme Court and appellate matters for a wide variety of federal agencies, including every Cabinet Department and numerous executive and independent agencies. Previously, he was a litigation associate with Gibson, Dunn & Crutcher in its Appellate and Constitutional Law Practice Group.

BAR AND COURT ADMISSIONS

Mr. Jay is admitted to practice in the District of Columbia, in Virginia (inactive), and before numerous federal appellate courts.

RECOGNITION

As Assistant to the Solicitor General, Mr. Jay received the Attorney General’s Distinguished Service Award for his work on litigation arising from the bankruptcy of Chrysler, as well as a Special Commendation from the DOJ’s Environment and Natural Resources Division for his work on litigation involving oil drilling, invasive species and interstate water rights.

While in law school, Mr. Jay was executive editor of the Harvard Law Review.

EDUCATION
J.D., 2001
Harvard Law School
(magna cum laude)

A.B., 1998
Government
Harvard College
(magna cum laude)

CLERKSHIPS

2004-2005 U.S. Supreme Court, Honorable Antonin Scalia

U.S. Court of Appeals for the Ninth Circuit, Honorable Diarmuid F. O'Scannlain