Overview

Stephen J. Smith represents both plaintiffs and defendants in high-stakes patent litigation. His clients span a variety of industries including pharmaceuticals, biotechnology, chemistry, medical devices and diagnostics, semiconductors, consumer electronics, software, telecommunications, user interfaces, and optics.

Stephen has represented clients through all phases of litigation, sitting first chair on appellate cases and participating on several trial teams. His experience includes disputes before the United States Court of Appeals for the Federal Circuit, federal district courts, and the International Trade Commission.

Before joining Schiff Hardin, Stephen was an associate in the Washington offices of two international law firms.

  • Experience

    • Successfully represented Fresenius Kabi USA, LLC in obtaining a rare preliminary injunction in federal district court. The injunction barred our client’s competitor from launching a generic version of its patented formulation of levothyroxine, an injectable thyroid hormone. The District Court for the District of New Jersey granted the injunction on the basis that our client was likely to win its patent lawsuit against its competitor.
    • Successfully represented defendant in patent infringement litigation involving multiple semiconductor patents. After a jury trial, the litigation settled favorably prior to closing argument.
    • Successfully represented plaintiff in patent litigation involving software patents before jury in the Eastern District of Texas. Trial resulted in finding of infringement and a substantial damages award.
  • Credentials

    Education

    • Georgetown University Law Center, J.D., 2010, cum laude
      The Georgetown Journal of Legal Ethics, Administrative Editor
    • University of Notre Dame, B.S., Biochemistry, 2007

    Bar Admissions

    • District of Columbia
    • New Jersey
    • New York
    • U.S. Court of Appeals for the Federal Circuit
    • U.S. District Court for the District of New Jersey
      • Insights

        TITLE
        Alert

        Pharma team scores rare preliminary injunction

        Schiff Hardin’s pharma and life sciences patent litigation team, lead by partner Imron T. Aly, recently secured a preliminary injunction in federal court.

        Publications

        • “Reinterpreting the Ethical Duties of a Prosecutor: Y-STR as a Model Investigatory Tool,” (co-author) Georgetown Journal of Legal Ethics (Vol. 22, 2010)

        Speeches & Presentations

        • “Litigation Perspectives on Patent Prosecution,” Guest Lecture for University of Notre Dame MS in Patent Law program, Notre Dame, IN (Fall 2012/2013)
      • Citizenship

        Pro Bono Activities

        • Successfully represented veteran before the Federal Circuit in appeal alleging violations of the USERRA against the United States Air Force, resulting in a precedential opinion in favor of the veteran. 
        • Successfully represented prisoner in settlement negotiation with New York prison system after prisoner allegedly failed to receive proper medical treatment for an injury.