Jayashree Mitra

Dr. Jayashree Mitra has represented clients in high-stakes litigation across a wide range of intellectual property, antitrust, and commercial disputes. Her clients span diverse industries, with a particular focus on the pharmaceutical sector. She has extensive experience in Hatch-Waxman litigation and has represented both brand-name and generic pharmaceutical companies in complex litigation before federal courts. She also has substantial experience litigating complex antitrust matters for clients in the pharmaceutical industry, including class actions and competitor lawsuits involving various federal, state, and common law claims.

In addition to her litigation work, Jayashree advises clients on transactional matters, especially where technology is a key component of the deal. She has assisted clients with drafting and negotiating technology agreements and provided deal support in complex mergers and acquisitions, joint ventures, and private equity matters. She also assists clients in building global patent and trademark portfolios and implementing innovative strategies to protect their intellectual property rights.

Jayashree is deeply engaged with emerging technologies. She has helped clients in the cannabis and psychedelic industries navigate the challenges of obtaining intellectual property rights from the U.S. Patent and Trademark Office, litigated cannabis-related patents in federal courts, and helped ensure compliance with FDA and DEA regulations. Jayashree is also a certified information privacy professional (CIPP) and advises clients on issues arising from the emergence of artificial intelligence.

Jayashree is committed to pro bono service and has handled criminal appeals and death penalty cases.

Prior to law school, Jayashree pursued a career in neuroscience and obtained her Ph.D. in pharmacology from Yale University. Her dissertation focused on the effect of prenatal cocaine exposure on the developing brain. Jayashree also worked as a medical writer, preparing scientific materials for major pharmaceutical companies.

• Represented global pharmaceutical company in the generic industry in Hatch-Waxman litigation involving patents covering the use of cannabidiol in the treatment of complex seizure conditions.
• Represented global pharmaceutical company in Hatch-Waxman litigation involving enforcement of patents covering the client's drug for treating pain and epilepsy, achieving victory at trial in which the patents were held valid and infringed.
• Represented global pharmaceutical company in Hatch-Waxman litigation involving patents related to a drug for treatment of depression.
• Represented global pharmaceutical company in Hatch-Waxman litigation involving patents related to the use of cetirizine HCL in the treatment of rhinitis. 
• Advised global pharmaceutical company in patent litigations across multiple international jurisdictions for a drug used in treating epilepsy and pain.
• Represented global pharmaceutical company in Hatch-Waxman litigation involving patents covering a synthetic anticholinergic and antispasmodic drug used in the treatment of overactive bladder. 
• Represented global pharmaceutical company in Hatch-Waxman litigation concerning patents covering the prodrug of 5-HMT used in the treatment of overactive bladder.  
• Represented global pharmaceutical company in Hatch-Waxman litigation involving enforcement of patents covering a combination of amlodipine and benazepril used in the treatment of hypertension. 
• Represented global pharmaceutical company in PTAB proceedings concerning patents covering a multivalent polysaccharide conjugate vaccine indicated for active immunization for prevention of pneumonia.  
• Represented global pharmaceutical company in litigation concerning patents covering the synthesis of antibody molecules in yeast.  
• Represented patent owner in the cannabis industry in litigation involving enforcement of patent concerning filling vape pens with cannabis oil.
• Represented patent holder in the automotive industry in litigation involving the enforcement of patent concerning a safety restrain device for police vehicles.

• Represented global pharmaceutical company in antitrust challenges brought by the New York attorney general regarding "product-hopping" claims with respect to drug for the treatment of Alzheimer's disease.
• Represented global pharmaceutical company in class action antitrust litigation with respect to COX-2 anti-inflammatory drug, where numerous federal and state claims were asserted against client alleging delaying entry of generic competition through alleged fraud on the U.S. patent office and sham patent litigation. 
• Represented global pharmaceutical company in federal and state class action antitrust challenges to Hatch-Waxman patent settlement agreement with respect to an oral contraceptive, involving claims of fraud on the U.S. patent office and “product hopping.”
• Represented global pharmaceutical company in federal class state class action antitrust challenges to Hatch-Waxman patent settlement agreement with respect to drug for ulcerative colitis. 
• Represented plaintiffs in antitrust action alleging that the maker of a shockwave treatment system for erectile dysfunction entered into agreement with competitor to effectively split the market and inflate prices.

• Representing client in the e-cigarette industry before the Ninth Circuit in an action filed against the FDA regarding denial of client’s premarket tobacco product application (PMTA). 
• Defended client in music publishing industry against allegations of trademark infringement, unfair competition, and state and common law claims, brought by music recording company. 
• Represented a leading stainless steel manufacturer in a Section 337 proceeding before the U.S. International Trade Commission. The USITC found that the respondent, an India-based stainless steel producer, had misappropriated trade secrets and prohibited the respondent’s importation and sale of stainless steel products for more than 16 years.  
• Represented a pharmaceutical manufacturer in a false claims act, common law fraud, and consumer protection lawsuits brought by state attorneys general and a qui tam realtor for the reporting of average wholesale price (AWP) and wholesale acquisition cost (WAC) data used in Medicaid reimbursements.
• Represented clients in various transactional matters including technology agreements, and provided deal support in M&A, joint venture, and private equity transactions.
• Advising clients on developing global patent and trademark portfolios in various technology areas including pharmaceuticals, medical devices, cannabis, and psychedelics.

• “IP Litigation and Administrative Proceedings: A Global Overview of Managing Cannabis Conflicts,” 2023 Global Cannabis Intellectual Property Symposium, International Cannabis Bar Association (September 29, 2023)

• Partner, Fox Rothschild LLP, New York, NY (2021–2023)
• Partner​, Zuber Lawler, New York, NY (2018–2021)
• Intellectual Property Litigation and Antitrust Associate, White & Case LLP, New York, NY (2008–2018)