Jenny Zhang
Jenny represents life sciences and technology companies in complex disputes from initial case development through trial and appeal.
She regularly practices in U.S. District Courts around the country, at the ITC, at the PTAB, in international arbitrations, and on appeal at the Federal Circuit of Appeals. As a former appellate and district court law clerk, infectious disease researcher, adjunct law professor, and registered patent attorney, Jenny is adept at developing and executing litigation strategy across multiple venues and crafting sophisticated arguments using straightforward, persuasive narratives. She is fluent in Mandarin Chinese. Jenny is an active member of local and national bar organizations, including the Giles S. Rich Inn of Court and the Federal Circuit Bar Association. She also maintains an active pro bono practice.

Expertise

Industries

Experience

Representative matters

Relevant experience prior to joining A&O Shearman includes advising:

Representative Matters in Life Sciences and Regulated Devices

  • Insulet Corp. in trade secret misappropriation suit against a potential competitor related to an insulin patch pump device
  • 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
  • A multinational pharmaceutical corporation in appeal of an infringement judgment in litigation brought by Plexxicon
  • Teva at trial in litigation against generic manufacturers of Copaxone® 40 mg (glatiramer acetate)
  • E. & J. Gallo Winery in patent litigation related to variable rate irrigation technology
  • Celltrion in parallel BPCIA patent infringement and inter partes review proceedings involving Celltrion’s proposed biosimilar to the oncology drug, Herceptin® (trastuzumab)
  • Fresenius Kabi in inter partes review proceedings involving patents on purification processes for proteins expressed in non-mammalian systems
  • Global pharmaceutical manufacturers in various non-public representations, including pre-suit investigations and international arbitrations 
     

Other Representative Trade Secret Matters

  • Phreesia, Inc. in asserting DTSA and computer fraud claims against a competing provider of patient engagement software
  • Alphonso in trade secret litigation over automatic content recognition technology for targeted advertising
  • A San Francisco-based start-up in trade secret litigation against a former employee in California state court
  • The founder of a Massachusetts-based startup in litigation over patents and trade secrets concerning metal alloy technology 

Pro bono

In addition to her intellectual property litigation practice, Jenny has worked on a wide range of pro bono matters, representing individual and organization clients in both civil and criminal proceedings on a range of issues. Her representations have included the following: 

  • 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.) 
  • Representation of a veteran seeking benefits on a petition for rehearing and rehearing en banc before the Federal Circuit, Champagne v. Collins (Fed. Cir.) 
  • Co-authoring a cert-stage amicus brief on behalf of the Federal Circuit Bar Association challenging the Federal Circuit’s application of Chevron deference over the Pro-Veteran Canon, Veteran Warriors, Inc. v. Secretary of Veterans Affairs (SCOTUS) 
  • Co-authoring cert-stage and merits-stage amicus briefs on behalf of the Federal Circuit Bar Association concerning application of the benefit-of-the-doubt rule in veteran’s benefit cases, Bufkin v. McDonough (SCOTUS) 
  • Co-authoring a cert-stage amicus brief on behalf of CATO Institute and Florida Association of Criminal Defense Lawyers challenging the Eleventh Circuit’s interpretation of the harmless-error standard in criminal cases, Pon v. United States (SCOTUS) 
  • Co-authoring a cert-stage amicus brief on behalf of coalition of minority veterans organizations challenging the constitutionality of sex-based Selective Service registration requirement, National Coalition for Men v. Selective Service System (SCOTUS) 
  • Co-authoring petition for rehearing en banc on Fourth Amendment inevitable discovery doctrine in criminal appeal, U.S. v. Raymond Bullette (4th Cir.) 
  • Co-authoring amicus brief on behalf of National Women’s Law Center defending constitutionality of the Affordable Care Act, Texas v. United States (5th Cir.) 
  • Co-authoring amicus brief on behalf of World Professional Association for Transgender Health challenging constitutionality of North Carolina’s public restrooms law, Carcano v. Cooper (4th Cir.)

Published Work

  • Co-Author, "U.S. Legislative Update: Takeaways for European Pharma," European Pharmaceutical Review, November 9, 2022 
  • Contributor, “Guide to Biosimilars Litigation and Regulation in the U.S., 2019-2020 ed,” Thomson Reuters, November 2019 
  • Co-Author, “Fed. Circ. Is Adhering to KSR Obviousness Guideposts,” Law360, September 2015 
  • First Author, “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

District of Columbia 

California 

Massachusetts 

New York 

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.