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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 senior partner in Goodwin Procter's IP Litigation Group, whose practice focuses on the litigation of patent, trademark, copyright, false advertising, trade secrets, licensing and related matters for a wide array of industries and in a variety of technical disciplines. Mr. Levy has over 25 years’ experience with disputes involving biotechnology, pharmaceuticals and chemistry; electronics, computers and telecommunications; mechanical devices; industrial and consumer products; and the Internet, new media and e-commerce.

Mr. Levy has first chaired numerous bench and jury trials in federal courts nationwide. He also has significant experience practicing before the United States Supreme Court, where he worked on the winning side of the B&B Hardware v. Hargis trademark matter, various U.S. Courts of Appeals, including the Federal Circuit and the Second Circuit, the U.S. Patent and Trademark Office's Patent Trial and Appeal Board and 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.  Ira is a frequent lecturer on intellectual property matters, and since 2004 has been the co-chair of PLI’s Advanced Licensing program.  He is also a lecturer instructor on intellectual property strategy and licensing at the Cornell University-Technion Masters of Law Program, and teaches Intellectual Property Law as part of the Law For Non-Lawyers MBA program.

Mr. Levy has been recognized as a New York Super Lawyer every year since 2006, and has been selected for inclusion in The Legal 500 and the IAM Patent 1000, among others. In addition to his law practice, Ira serves as lead director for Stomp Out Bullying, the leading non-profit focused on eliminating bullying and cyber-bullying, and is on the New York advisory Board for BUILD, a non-profit dedicated to proving the power of experiential learning through entrepreneurship, and igniting the potential of youth in under-resourced communities.


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