About James Badke

Jim is an established lead trial counsel with numerous jury and bench trial victories in bet-the-company cases in courtrooms across the country. He was recently honored by LMG Life Sciences as the 2021 “General Patent Litigator of the Year – New York” and by The National Law Journal as a 2020 “Plaintiffs’ Lawyer Trailblazer” for his work as an “agent of change” in high profile intellectual property cases. He was also honored as a “Master of the Courtroom” and named among the 2019 “Winning Litigators” by The National Law Journal, which featured “elite trial lawyers who took on high-stakes matters and won bet-the-company trials.”

Jim was featured for leading a team that obtained a jury verdict and damages award of $155 million for Bayer Healthcare on a biologics medication patent for the treatment of hemophilia. The verdict ranks among the 10 largest patent verdicts in the District of Delaware over the past decade, and the largest biotech patent verdict in that Court.

Jim received the 2019 LMG Life Sciences Award for “Patent Impact Case of the Year” for his work on this same matter. Additionally, he has been featured as American Lawyer’s “Litigator of the Week” for his success in the landmark Therasense inequitable conduct case.

 On the basis of this work, Jim and his team were ranked number one in the nation as “lawyers to the innovators” by the Financial Times in its Innovative Lawyers Report “FT Law 25,” and the case was later named by Law360 as one of just 10 “blockbuster decisions” of the decade “that have shaped patent law into what it is today.”

Jim’s patent trial and litigation practice includes all technologies, but is focused primarily in the medical device, biotechnology and pharmaceutical industries, including litigation under the Hatch-Waxman Act.

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 also 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, coronary stents, spinal cord stimulation devices and surgical robotics.

Jim is regularly featured as a “Life Sciences Star” in Euromoney’s LMG Life Sciences. In addition, he is recommended in the “Healthcare: Life Sciences” category in The Legal 500 US 2017 and by Best Lawyers in America 2020 for his work in Litigation-Intellectual Property Law.

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.