Amy Hayden focuses her practice on patent litigation and trade secret matters across a wide variety of industries, including pharmaceuticals, chemicals, hardware, and software. She has experience drafting various motions in both federal and state court, working with experts to draft reports and declarations, managing discovery, handling claim construction issues, and taking and defending depositions. As an on-site member of trial team in a patent infringement matter, she prepared both fact witnesses and technical experts for testimony, prepared graphics for trial to explain the technology at issue, and drafted various trial motions. Amy has also represented both petitioners and patent owners in inter partes review (IPR) proceedings before the USPTO. She additionally has an active Federal Circuit practice, with experience in briefing appeals from both district courts and the PTAB.
Amy also has first-hand trial experience through her pro bono practice. She recently led a trial team that represented a California state prisoner in an Eighth Amendment excessive force case. After a week-long trial in federal court in San Jose, the jury awarded both compensatory and punitive damages to the prisoner. Amy provided the opening statement, conducted the direct examination of the plaintiff, and the cross-examination of both the defense medical expert and two defendants. Amy has also represented numerous clients in family court to obtain restraining orders and custody and visitation orders. In one of those cases, she handled a two-day bench trial on her own, assisting her client in obtaining a restraining order.
While in law school, Amy was an Article Editor for the Berkeley Technology Law Journal and she served as a Judicial Extern to the Honorable A. Howard Matz for the United States District Court for the Central District of California. Amy has research experience in organic, medicinal, and polymer chemistry.
- "Federal Circuit Changes Its Tune on Personal Jurisdiction," Daily Journal, May 2017
- “Biosimilars: Supreme Court Grants Certiorari in Amgen v. Sandoz,” Fenwick & West, January 2017 (co-author)
- “Biosimilars: Solicitor General Recommends Granting Certiorari in Amgen v. Sandoz,” Fenwick & West, December 2016 (co-author)
- “Will the Supreme Court Review Whether FDA-Mandated Bioequivalence Testing to Maintain Approval Falls Within the § 271(e)(1) Safe Harbor?,” IP Frontline and Fenwick & West, August 2016 (co-author)
- “Federal Circuit: A Biosimilar Applicant Must Provide Notice of Intent to Market a Biosimilar Product, No Exceptions,” Fenwick & West, July 2016 (co-author)
- “The Amgen Quagmire: Federal Circuit Rules Patent Dance Does Not Excuse Biosimilar Applicants from Providing Notice of Intent to Market,” IPWatchdog, July 2016 (co-author)
- “Litigation Alert: No Exception to Statutory Requirement that a Biosimilar Applicant Provide Notice of Intent to Market its Product,” Fenwick & West, July 2016 (co-author)
- “Biosimilars: Supreme Court Calls for Solicitor General’s Views in Amgen v. Sandoz,” Fenwick & West, June 2016 (co-author)
- “Cardiac Pacemakers v. St. Jude Medical: The Federal Circuit Has Re-opened the Deepsouth Loophole for Method Claims,” 26 Berkeley Tech. L.J. 197, March 2011
- “Origins of Regioselectivity of Diels-Alder Reactions for the Synthesis of Bisanthraquinone Antibiotic BE-43472B,” 75 J. Organic Chemistry 922, December 2009 (co-author)
- “Controlled Gating of a Hemicarcerand by Disulfide-Dithiol Interchange,” 75 J. Organic Chemistry 570, December 2009 (co-author)
- “Silicon Atom Substitution Enhances Interchain Packing in a Thiophene-Based Polymer System,” 21 Advanced Materials 1, October 2009 (co-author)
- “Origins of the Regioselectivities in the Diels-Alder Reactions of Vinylindenes with 1,4-Quinone Monoketal and Acrolein Dienophiles,” 74 J. Organic Chemistry 6770, September 2009 (co-author)
- “Transition State Distortion Energies Correlate with Activation Energies of 1,4-Dihydrogentations and Diels-Alder Cycloadditions of Aromatic Molecules,” 131 J. Am. Chemical Soc. 4084, November 2009 (co-author)
- “Transition States for the Dimerization of 1,3-Cyclohexadiene: A DFT, CASPT2, and CBS-QB3 Quantum Mechanical Investigation,” 73 J. Organic Chemistry 7586, September 2008 (co-author)
- “The Coupling of Isonitriles and Carboxylic Acids Occurring By Sequential Concerted Rearrangement Mechanisms,” 10 Organic Letters 4093, August 2008 (co-author)
- “Origins of Selectivity in Pericyclic Reaction Cascades for the Synthesis of Gambogin and Lateriflorone,” 8 Organic Letters 2989, June 2008 (co-author)
- “A Novel Route to Imidoylbenzotriazoles and Their Application for the Synthesis of Enaminoes,” 69 J. Organic Chemistry 5108, June 2004 (co-author)