Overview
Brenda Joly, a member of the firm's Intellectual Property and Technology Litigation Group and Appellate Advocacy and Guidance Group, has significant experience in intellectual property litigation, with a particular emphasis on patent litigation and appeals. She has handled several patent infringement lawsuits on behalf of both patent owners and patent defendants in federal courts nationwide. Ms. Joly has worked on patent cases involving a broad range of technologies, including in the fields of pharmaceuticals, semiconductor manufacturing, lasers, medical devices, software and computer technology. She also has experience in trademark and copyright cases. Ms. Joly has drafted dozens of appeal briefs, successfully crafting arguments for both appellants and appellees.
Ms. Joly also has experience in a variety of general commercial litigation areas including contract disputes, employment, securities, and antitrust. In addition, she has handled a variety of pro bono matters involving family and domestic violence, as well as criminal law, immigration, housing and benefits issues.
Ms. Joly was a law clerk for the Bureau of Consumer Protection, Division of Marketing Practices, for the Federal Trade Commission in Washington, D.C.
Credentials
Education
- Harvard Law School, J.D., cum laude, (2003); Editor, Harvard Journal on Legislation
- Hamline University, B.A., Criminal Justice, Psychology, and Legal Studies, summa cum laude, Phi Beta Kappa (2000)
Selected Results
Representative Matters
Willis Electric Co., Ltd., v. Polygroup Limited et al, 15-cv-3443, U.S.D.C., D. Minnesota
Litigation counsel on behalf of Willis Electric in achieving a $42.4 million jury verdict in a patent litigation involving artificial Christmas trees. Our client was the inventor of an innovative technology that simplified assembly of prelit artificial Christmas trees. After an eight-day jury trial against Willis Electric’s largest competitor, we achieved a unanimous verdict in favor of Willis Electric finding the patent willfully infringed and not invalid. The damages award is believed to be the largest award for patent infringement in Minnesota history.
Grantley v. Clear Channel Communications, Inc.
Trial counsel in Grantley v. Clear Channel Communications, Inc., a patent infringement case in which a federal jury in the Eastern District of Texas awarded Grantley Corporation $66 million. The jury found that Clear Channel Communications, Inc. infringed on four of Grantley Corporation's patents related to an integrated inventory management system for radio advertising time. The jury also found that the infringement was willful. The verdict was announced on April 22, 2008. On June 11, 2008, the court enhanced the damages by more than $16.5 million, awarded prejudgment interest and entered judgment totaling more than $89 million. The case settled while on appeal under confidential terms.
Wyeth v. Teva Pharmaceuticals USA, Inc., No. 03-CV-1293 (D. N.J.) (with previous firm)
Integral member of litigation team that represented Teva in defending against Wyeth's assertions of patent infringement in response to Teva's bid to market generic venlafaxine hydrochloride extended release capsules, a popular antidepressant sold by Wyeth as Effexor XR. After a Markman ruling and while the Court's ruling on a summary judgment motion was pending, on the eve of trial, a settlement was reached in 2006. Teva subsequently released generic venlafaxine hydrochloride (immediate release) tablets in 2006 and generic extended release capsules in 2010, before the expiration of patents allegedly applicable to the products.
Recognition
- Recipient of "Patent Impact Case of the Year" award, LMG Life Sciences (2022)
- Named a “North Star Lawyer” by the Minnesota State Bar Association for providing at least 50 hours of pro bono legal services (2016, 2022-2023)
News & Insights
- Robins Kaplan Secures $42 Million Jury Verdict in Patent Infringement Trial
- November 30, 2023U.S. Court of Appeals Affirms PTAB Decision in Favor of Robins Kaplan Client Collegium
- August 18, 2016Federal Circuit Upholds Jury Verdict in Favor of PCT International, Inc. in Patent Infringement Action Against Amphenol Subsidiary Holland Electronics
In the News
Media Mentions
- "Litigator of the Week Runners-Up and Shout Outs," Law.com (January 26, 2024)
Practices
Admissions
- Massachusetts
- Minnesota
- U.S. Court of Appeals, Eighth Circuit
- U.S. Court of Appeals, Federal Circuit
- U.S. Court of Appeals, First Circuit
- U.S. Court of Appeals, Ninth Circuit
- U.S. District Court, Massachusetts
- U.S. District Court, Minnesota
