Jennifer L. Dereka

Of Counsel vCard


  • Seton Hall University (JD)
  • St. John's University (BS, Pharmacy)

Bar Admissions

  • New Jersey
  • New York
  • United States Court of Appeals for the Federal Circuit
  • United States District Court for the District of New Jersey
  • United States District Court for the Southern District of New York

Jennifer focuses on intellectual property litigation and counseling, with an emphasis on issues related to patents, including infringement and validity analyses, the assessment of potential litigation exposure, and the intricacies of Hatch-Waxman pharmaceutical litigation. She has extensive experience in every stage of litigation, from pre-suit investigations, case initiation, and discovery to motion practice, alternative dispute resolution, and the successful preparation and participation in trials involving both the assertion and defense of patent infringement allegations. Jennifer represents large companies in diverse intellectual property matters in a wide variety of industries, including pharmaceuticals, chemical compounds, medical and mechanical devices, video surveillance technology, and computer software and hardware.  

Her experience includes the analyses of patents, product information, and prior art in order to prepare noninfringement and invalidity opinions as well as future patent infringement prevention opinions. Jennifer has also represented clients in technology disputes involving breach of contracts, unfair competition, and trade secret misappropriation claims.

In addition to her intellectual property–focused practice, Jennifer has leveraged her background as a pharmacist when representing pharmaceutical clients and a retail drugstore chain in litigation and government investigations involving allegations of antitrust violations, the False Claims Act, the federal Anti-Kickback Statute, and Medicare and Medicaid fraud.

Prior to joining Mintz Levin, Jennifer was an intellectual property attorney in the New York offices of two other international law firms. Before beginning her legal career, Jennifer was a Registered Pharmacist at a pharmacy in New Jersey. As an undergraduate, Jennifer played Division I softball for St. John’s University.

Representative Matters

  • Joseph Robert Marchese and JDS Digital Security Systems LLC v. Milestone Systems, Inc. et al., No. 2:12-cv-12276 (E.D. Mich.) – Represented defendants in all aspects of patent infringement litigation concerning digital video surveillance technology, including the preparation of pleadings and the management of discovery and motion practice, resulting in a settlement for the parties.
  • Hy-Ko Products Company v. The Hillman Group, Inc., No. 08-1961 (N.D. Ohio) – Obtained successful settlement on eve of trial for a premier supplier of numbers, letters, and keys against allegations of patent infringement involving key duplication technology.
  • Roquette Frères v. SPI Pharma, Inc., No. 06-540 (D. Del. Oct. 4, 2010) (Sleet, C.J.) – Member of trial team that obtained a JMOL decision for SPI Pharma, Inc., a food and drug excipient manufacturer, against claims of patent infringement concerning sugar polyol additive, which resulted in a settlement for the parties.
  • Silicon Graphics, Inc. v. ATI Technologies, No. 06-C-0611 (W.D. Wis.) and No. 2008-1334, -1353 (Fed. Cir.) – Member of trial team that successfully defended the validity and enforceability of SGI’s graphics processing patents. Prepared Federal Circuit appeal brief resulting in affirmation of the validity decision and reversing the District Court’s construction of several disputed claim terms. Case ultimately settled before second trial. 
  • WM. Wrigley Jr. Company v. Cadbury Adams USA LLC, No.1:04-cv-00346 (N.D. Ill.) and No. 2011-1140 (Fed. Cir.) – Represented defendant candy manufacturer in obtaining summary judgment of invalidity of artificial flavoring patent, affirmed by Federal Circuit.
  • Represented pharmaceutical company patentees in several Hatch-Waxman litigations asserting patented antidepressants, antibiotics, and antidiuretics.
  • Successfully obtained a settlement for a client whose confidential HIV-related information was inappropriately disclosed by a hospital employee.

Professional & Community Involvement

  • Member, American Bar Association, Intellectual Property Law Section
  • Member, American Intellectual Property Law Association
  • Member, New York State Bar Association
  • Member, American Pharmaceutical Association