Jim Badke

JIM BADKE is an established lead trial counsel with numerous recent jury and bench trial victories in bet-the-company cases in courtrooms across the country. His litigation successes for client Nova Biomedical, which faced formidable opposition from three leading life sciences companies, are highlighted in a Forbes magazine article. Jim has been featured as American Lawyer’s “Litigator of the Week” for his successes in the landmark Therasense inequitable conduct case. Further, on the basis of his work on this case, Jim and his team have been recently ranked number one in the nation as “lawyers to the innovators” by the Financial Times in its Innovative Lawyers Report “FT Law 25.”

Jim’s patent trial and litigation practice includes all technologies, but is focused primarily in the medical device, biotechnology, agricultural and pharmaceutical industries, including litigation under the Hatch-Waxman Act. Jim is a pioneer in medical device patent litigation, having continuously litigated cases involving medical device patents for more than 30 years. His cases have involved a wide range of medical device technology, including blood glucose devices, surgical staplers, laparoscopic instruments and coronary stents. Based on his extensive experience in pharmaceutical cases, Jim has been recognized by Chambers USA as a “go-to” for Hatch-Waxman litigation. His cases in the pharmaceutical industry have included a number of life-saving drugs such as recombinant Factor VIII used in the treatment of hemophilia. Jim for years has been featured as a “Life Sciences Star” in Euromoney’s LMG Life Sciences.

In addition to his trial work, Jim appears regularly before the Court of Appeals for the Federal Circuit, having argued numerous cases before the court, including the landmark Therasense inequitable conduct case, in which the Court sat en banc. Benchmark Appellate has named Jim as a Court of Appeals for the Federal Circuit “Star,” one of less than 50 lawyers in the country to achieve this distinction.

Good to know

Job Types Partner
Areas of Practice 1) Intellectual Property Litigation
Law School State University of New York at Buffalo School of Law (J.D.,1982)
Education Hofstra University (B.A.,1976)
Bar Member / Association New York State Bar Association
Most recent firm Sidley Austin LLP
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