Justin P.D. Wilcox

 Justin Wilcox is a trial and appellate litigator who represents clients in complex intellectual property matters involving patent infringement, trade secret misappropriation, antitrust, and technology-related contract disputes.  Mr. Wilcox has significant experience leading international patent litigation campaigns, coordinating the efforts of law firms in multiple countries.  He has led teams throughout all phases of litigation involving a variety of technologies, including small molecules, nucleic acids, semiconductors, fintech, mobile devices, medical devices, internet communications protocols, video coding, and telecommunications. In addition to his litigation work, Mr. Wilcox negotiates settlement and license agreements and counsels clients on strategic patent licensing and antitrust claims.
 
Together with partner John Desmarais, Mr. Wilcox led the Desmarais team representing ViiV Healthcare and Shionogi in their case against Gilead.  The case involved the HIV drugs dolutegravir and bictegravir.  ViiV and Shionogi mounted a novel infringement case against Gilead, defeated Gilead’s multiple pretrial motions, and paved the way for a jury trial in early 2022.  Shortly before that trial began, the case settled in an historic deal.  See e.g., Law360 - "Gilead Pays ViiV $1.25B Plus Royalties To End Patent Suit"; ALM/Law.com - "Desmarais and McCarter Guide Glaxo to $1.25 Billion Settlement with Gilead"; IAM - "GSK lands one of the biggest patent settlements of all time" (subscription required). 

LMG Life Sciences recognized Mr. Wilcox as a “Life Sciences Star” in 2022.
 
Mr. Wilcox defended Cloud9 Technologies in a patent infringement and trade secret misappropriation lawsuit brought by IPC Systems in the District of Delaware.  The litigation involved cloud communication technology for financial trading in which IPC sought damages and a permanent injunction against an emerging competitor.  In 2019, the Desmarais LLP team led by Mr. Wilcox secured a favorable settlement after winning procedural victories to limit the trade secret misappropriation claims and filing an antitrust complaint against IPC. 
 
In 2017, Cisco Systems engaged Desmarais LLP as trial counsel on the eve of the close of fact discovery to defend a patent infringement lawsuit brought by Straight Path IP Group (now SPIP Litigation Group) in the Northern District of California.  The litigation involved point-to-point Internet communication technology and sought up to $123 million in damages.  Mr. Wilcox led the case transition, strategy development, expert depositions, and briefing that resulted in a complete summary judgment win for Cisco just three months after taking over the case.  Mr. Wilcox also led the appellate briefing that resulted in the Federal Circuit’s affirmance of the victory.  Mr. Wilcox then secured an exceptional case ruling and award of $1.9 million in attorneys’ fees from the district court.  Later, Mr. Wilcox argued the appeal before the Federal Circuit, which issued a Rule 36 summary affirmance that preserved Desmarais LLP’s district court victory for Cisco Systems.
 
Mr. Wilcox represented Enzo Life Sciences in an industry-wide patent assertion in the field of nucleic acid diagnostics.  He litigated Enzo’s foundational patents against numerous pharmaceutical companies in the District of Delaware.  Enzo realized more than $100 million in licensing revenues from favorable litigation settlements.
 
Mr. Wilcox leads the firm’s Pro Bono Committee and represents disabled veterans in pro bono appeals before the Court of Appeals for Veterans Claims and the Federal Circuit.  Mr. Wilcox’s work led to Desmarais LLP being awarded the Veterans Consortium VIP firm for Jully 2020. The Virginia Access to Justice Commission named Mr. Wilcox to the 2022 and 2023 Pro Bono Service Honor Rolls.
 
Mr. Wilcox is also active in his community, volunteering as an adult leader in his local Cub Scouts and Scouts BSA programs.  He is also a member of the Willaim Tudor Society, a West Point alumni lawyer group, and serves as a coordinator for the Society’s annual Washington, DC summer internship program for West Point cadets.
 
Before his legal career, Mr. Wilcox served as a combat engineer officer in the United States Army from 1995 to 2000.  He served in an airborne combat engineer battalion at Fort Liberty (formerly Bragg), holding multiple company and battalion level leadership positions and earning the rank of Captain.  Mr. Wilcox is an Eagle Scout.

Prior Experience

• Associate, Cooley LLP, Reston, Virginia 2006-2012
• Associate, Kirkland & Ellis LLP, Washington, D.C., 2004-2006  

Courts

• United States Court of Appeals for the D.C. Circuit, 2004
• United States Court of Appeals for the Ninth Circuit, 2004
• United States Court of Appeals for the Federal Circuit, 2006
• United States District Court for the Eastern District of Texas, 2006
• United States District Court for the Eastern District of Virginia, 2011  

Clerk & Government Experience

• Law Clerk to the Hon. John G. Roberts, Jr., United States Court of Appeals, D.C. Circuit, 2003-2004