Jenny Zhang
Jenny counsels and represents innovative life sciences and medical technology companies in intellectual property disputes from initial case development through trial and appeal.
She regularly practices in U.S. District Courts around the country, and has appeared before the ITC, the PTAB, the Federal Circuit of Appeals, and various international arbitration bodies. 
 
Whether preparing a witness, drafting a brief, or advising a client on strategy, Jenny aims to distill complex concepts into actionable steps and relatable narratives. She draws from her broad experience representing companies across a spectrum of industries and stages, teaching legal writing to law students, and clerking at the U.S. Court of Appeals for the Federal Circuit (Hon. Jimmie V. Reyna) and the U.S. District Court for the eastern District of Pennsylvania (Hon. Cynthia Rufe, E.D. Pa.). 
 
Jenny maintains an active pro bono practice and serves in leadership roles in the Giles S. Rich Inn of Court and the Federal Circuit Bar Association.

Expertise

Industries

Experience

Representative matters

*Experience prior to joining A&O Shearman
  • A group of pharmaceutical companies in Hatch-Waxman litigation against companies seeking approval for generic versions of the commercial product, AVYCAZ®
  • Esperion in Hatch-Waxman litigation against companies seeking approval for generic versions of the commercial products, NEXLITOL® and Nexlizet®
  • Insulet Corp. in trade secret misappropriation suit involving the OMNIPOD® insulin patch-pump device, winning preliminary injunction, 9-digit jury verdict, and subsequent permanent injunction*
  • A multinational pharmaceutical corporation in appeal of an infringement judgment in litigation brought by Plexxicon* 
  • A multinational pharmaceutical corporation in ITC investigation and related district court litigation asserting the pharmaceutical corporation’s pre-filled syringe patent against Regeneron’s EYLEA® (aflibercept) product*
  • Celltrion in parallel BPCIA patent infringement and inter partes review proceedings involving Celltrion’s proposed biosimilar to the oncology drug, Herceptin® (trastuzumab)* 
  • E. & J. Gallo Winery in patent litigation related to variable rate irrigation technology*
  • Global pharmaceutical manufacturers in various non-public representations, including pre-suit investigations and international arbitrations*

Pro bono

  • Representation of veterans challenging denial of disability benefits in submitting petitions for rehearing en banc at the Federal Circuit. Champagne v. Collins (Fed. Cir.); Steele v. Collins (Fed. Cir.).
  • Representation of the Federal Circuit Bar Association as amicus curiae in veterans’ benefit cases, co-authoring cert-stage and merits-stage amicus briefs on regulatory and statutory interpretation questions, Veteran Warriors, Inc. v. Secretary of Veterans Affairs (SCOTUS); Bufkin v. McDonough (SCOTUS). 
  • Representation of coalition of minority-veterans’ organizations as amici curiae challenging the constitutionality of sex-based Selective Service registration requirement, National Coalition for Men v. Selective Service System (SCOTUS). 
  • Representation of CATO Institute and Florida Association of Criminal Defense Lawyers as amici curiae challenging the Eleventh Circuit’s interpretation of the harmless-error standard in criminal cases, Pon v. United States (SCOTUS). 
  • Successfully challenging, on First Amendment grounds, an anti-panhandling ordinance enacted by the City of Lowell, MA on behalf of homeless residents, McLaughlin v. City of Lowell (D. Mass.). 
  • Winning a preliminary injunction, on Eighth Amendment and ADA grounds, against a prison’s denial of methadone treatment to an inmate recovering from opioid use disorder, Pesce v. Coppinger (D. Mass.). 
  • Preparing a trial defense for indigent former healthcare insurance executive facing multiple federal healthcare fraud and identity theft charges, U.S. v. Brettschneider (D. Mass.). 
  • Teaching scholarly writing as an adjunct professor at George Washington University Law School.

Published Work

  • "U.S. Legislative Update: Takeaways for European Pharma," European Pharmaceutical Review, November 9, 2022 
  • “Guide to Biosimilars Litigation and Regulation in the U.S., 2019-2020 ed,” Thomson Reuters, November 2019 
  • “Fed. Circ. Is Adhering to KSR Obviousness Guideposts,” Law360, September 2015 
  • “Distribution pattern of Plasmodium falciparum chloroquine transporter (pfcrt) gene haplotypes in Sri Lanka 1996-2006,” American Journal of Tropical Medicine and Hygiene, November 2011

Speaking Engagements

  • Moderator, “Trade Secrets, Drugs, and Cherry Blossoms” Giles Rich Inn of Court Panel, March 13, 2025 
  • Moderator, “Agency Deference and the Pro-Veteran Canon in Veteran’s Appeals: Where are we and where are we heading?,” Federal Circuit Bar Association Webinar, May 9, 2024 
  • Panelist, “IP Law Year in Review,” Utah Bar Association IP Summit, February 16, 2024 
  • Moderator, “Administrative Practice in Advance of Federal Circuit Review,” Federal Circuit Bar Association Webinar, February 1, 2024 
  • Moderator, “Trends in Administrative Law,” Giles Rich Inn of Court Panel, November 14, 2023 
  • Panelist, Foundation for Advancement of Diversity in IP Law Clerkship Panel, June 20, 2023 
  • Presenter, "Retaining, Preparing, and Working with Expert Witnesses," TRTCLE: Bridge the Gap Compliance Day, January 29, 2023

Qualifications

Admissions

Admitted to the District of Columbia Bar

Admitted to the State Bar of California 

Admitted to the State Bar of Massachusetts 

Admitted to the State Bar of New York 

Registered Patent Attorney, U.S. Patent and Trademark Office (USPTO)

Courts

U.S. Court of Appeals for the Federal Circuit 

U.S. Court of Appeals for the Fourth Circuit 

U.S. District Court for the District of Massachusetts 

U.S. District Court for the Eastern District of California 

U.S. District Court for the Northern District of California 

U.S. Supreme Court 

Academic

AB, Harvard University, cum laude, 2010 

JD, Columbia Law School, Harlan Fiske Stone Scholar, 2013

Languages

Chinese
Disclaimer
A&O Shearman was formed on May 1, 2024 by the combination of Shearman & Sterling LLP and Allen & Overy LLP and their respective affiliates (the legacy firms). Any matters referred to above may include matters undertaken by one or more of the legacy firms rather than A&O Shearman.