J. Derek McCorquindale

J. Derek McCorquindale is a patent litigation attorney with Finnegan, Henderson, Farabow, Garrett & Dunner, specializing in intellectual property litigation at both the trial and appellate levels. His practice encompasses a diverse range of technologies, including pharmaceutical and Abbreviated New Drug Application (ANDA) litigations, design patents, mobile technology, computer graphics, imaging technology, medical devices, audio conferencing equipment, and outdoor industry products.

McCorquindale primarily represents defendants, particularly operating companies, in patent disputes. His tracked appearance reflects a defendant-side role, and his experience includes securing favorable outcomes for companies like FedEx against non-practicing entities and representing Eli Lilly in an ANDA case. He has handled numerous aspects of litigation, from strategy development and discovery to motions practice, hearings, and appellate work.

Notable successes include representing Sonos, Inc. in Sonos, Inc. v. Implicit, LLC, where the Federal Circuit affirmed the invalidity of patents related to content synchronization and upheld the Patent Trial and Appeal Board's (PTAB) decision regarding inventorship correction. He also prevailed on appeal at the Federal Circuit for Eli Lilly in an ANDA case concerning a patent for Strattera®, and successfully defended FedEx against post-trial motions from Intellectual Ventures II LLC. Additionally, McCorquindale has helped clients such as Covidien achieve affirmance of PTAB invalidity determinations.

He possesses significant experience with PTAB proceedings and regularly handles appeals before the U.S. Court of Appeals for the Federal Circuit, where he has contributed to dozens of appeals and successfully argued as lead counsel. McCorquindale is admitted to practice in the District of Columbia, New York, and Virginia, among other courts, and holds a J.D. from Duke University School of Law.