York M. Faulkner
Founder & Managing Partner
york.faulkner@ymf-law.com
Attorney Profile
York is a veteran trial lawyer with more than 30 years’ experience handling high- stakes litigation, trying cases to verdict in numerous jury and bench trials.
York began his career as a federal prosecutor in the U.S. Department of Justice, Tax Division, conducting grand jury investigations and obtaining convictions at trial on such charges as obstruction of justice, conspiracy to defraud the IRS, tax evasion, false claims for tax refunds, and filing false income tax returns.
In civil practice, York’s work has focused on intellectual property litigation across a variety of industries with a career focus on representing brand companies in “Hatch-Waxman” pharmaceutical patent infringement cases. In the pharmaceutical and life sciences fields, Mr. Faulkner has represented parties in trade secret, antitrust, and patent infringement actions involving branded pharmaceuticals such as Crestor®, Paxil®, Prozac®, Doribax®, Zymar®, Engerix-B®, Infranrix®, Veralix®, Adenoscan®, Adenocard®, and AmBisome®.
In other fields, York’s litigation experience includes matters filed in federal and state courts as well as the International Trade Commission, involving medical devices, automobile parts, semiconductor design and production, steel manufacturing, commercial jet engine design, genetically modified crops, vehicle crash sensor control units, digital image processing, iris scanning and identification, liquid crystal displays, long-haul fiber optic routing and switching, and microprocessor instruction sets.
York has a global practice. He has lived and worked periodically in Japan since 1984 in such places as Tokyo, Nagano Prefecture, Tochigi Prefecture, and Saitama Prefecture. He speaks and reads Japanese. York frequently lectures to Japanese audiences on legal and economic issues affecting Japanese companies and their global businesses; counsels clients on strategic IP development, litigation, and transactions; and participates in local professional associations such as the Licensing Executive Society of Japan.
York has extensive experience in litigation involving Japanese parties and routinely works in collaboration with local Japanese bengoshi and benrishi to reduce the burden of U.S. litigation on Japanese clients. He has managed complex global litigation requiring coordination of U.S. litigation strategy with co-pending litigation in Japan, South Korea, China, Australia, Europe, and Canada.
York has been recognized on Managing Intellectual Property’s “IP Stars” list and has been recognized as a leading trade secret and copyright litigator by The Legal 500 U.S.
York is also a co-author on the leading Japanese-language publication on FDA approvals and Hatch-Waxman drug and biosimilar litigation. See FDA Pharmaceutical Regulation and Drug Patent Litigation - A Guidebook for U.S. Drug Development (Research Institute of Economy, Trade, and Industry); FDAの薬事規制と医薬品特許権侵害訴訟~米国創薬ガイド (現代産業選書―知的財産実務シリーズ、経済産業調査会).
Prior Roles
Quinn Emanuel Urquhart & Sullivan, LLP
Equity Partner, Tokyo Office. Led complex, high-stakes patent and IP litigation for Japanese and global clients.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Equity Partner and management service member. Established a reputation for excellence in technical patent litigation across multiple sectors.
U.S. Department of Justice
Federal Prosecutor and Trial Attorney in the Western Criminal Enforcement Section. Gained foundational courtroom experience prosecuting individuals and corporations for crimes, including tax evasion, conspiracy to defraud the United States, and obstruction of justice.
Education
J. Reuben Clark School of Law, Brigham Young University
(J.D., magna cum laude, 1992)
Brigham Young University
(B.S., cum laude, Economics, 1989)
(Minor field of study, Japanese, 1989)
Admissions
District of Columbia Bar
Tennessee Bar (pending)
Virginia Bar (Inactive)
Utah Bar (Inactive)
Dai-ichi Tokyo Bar (former)
United States District Court:
Eastern District of Virginia
Western District of Virginia
United States Court of Appeals:
Fourth Circuit
Federal Circuit
Supreme Court of the United States
Expertise & Experience
Pharmaceutical & Life Sciences
Hatch-Waxman paragraph IV ANDA proceedings — branded pharmaceutical companies
Biologics / BPCIA litigation — branded company biosimilar development programs
Drug brands: Crestor®, Paxil®, Prozac®, Doribax®, Zymar®, Engerix-B®, Infranrix®, Veralix®, Adenoscan®, Adenocard®, AmBisome®
Pharmaceutical trade secrets and IP antitrust
Government Investigations
Federal prosecution — DOJ Tax Division: tax evasion, obstruction of justice, conspiracy to defraud the United States, false tax returns targeting business owners, casino dealers, doctors, accountants, attorneys, and drug dealers
FCPA and cross-border investigations involving Japanese parties
Court-appointed counsel in the E.D. Virginia in matter involving espionage against the United States
Semiconductors, Electronics & Software
Semiconductor design and production
Consumer electronics
Digital image processing
Liquid crystal displays
Microprocessor instruction sets
Iris scanning and identification
2D Barcode Symbology Scanning
Software and systems
Japan-Facing Matters
Japanese company representation in U.S. federal courts and ITC
Coordination with Japanese counsel in matters before the JPO, Japanese district courts and IP High Court
Multi-jurisdictional coordination: U.S., Japan, South Korea, Australia, Europe, Canada
28 U.S.C. § 1782 evidence proceedings for Japanese actions
Hatch-Waxman matters with Japanese pharmaceutical patentees
Automotive, Industrial & More
Automobile parts and automotive technology
Vehicle crash sensor control units
Commercial jet engine design
Grain-oriented steel manufacturing
Long-haul fiber optic routing and switching
Genetically modified crops
Medical devices and product liability
Strategic IP Counseling
Trade secret misappropriation — departing employees and former joint venture partners
Technology transfer and licensing
Technology transfer disputes between U.S. and Japanese companies
IP-related antitrust — patent misuse, FRAND, reverse payment settlements
Complex commercial and contract disputes
Recent Articles
Following are a few recent articles of interest appearing in the firm's "Insights" page of this website and published more broadly on Lexology and Mondaq:
When Knockoffs Arrive Overnight but Justice Takes Years - Why the gap between infringement and justice is wider than most clients think when trying to serve a Complaint on Chinese infringers.
Dismissal with Prejudice Creates Implied License Under the Patent Marking Statute? The Federal Circuit Seems Unconvinced - Why patentees should think twice before agreeing to dismiss an infringement suit with prejudice. It might create a patent "license."
The Vanishing $10 Million Verdict in Rex Medical v. Intuitive Surgical - "The math is stark: infringement victory + validity win + $10 million jury award = $1, if you cannot apportion value to the patented invention. . . ."
Eastern District of Virginia Rocket Docket - Schedules & Procedure - A concise walk-through of the peculiar local rules of the EDVA Rocket Docket that accelerate the case schedule, compress discovery dispute resolution, and open common pitfalls to the unwary.
The Taxation of Tip Income - The Untold Story - York's detailed recounting of the decades-long war waged against tip taxation by Las Vegas casino dealers, as told by one who served in its trenches.
Recent Publications
Japan Focus
The firm frequently publishes articles on patent and other IP related decisions by Japanese courts that are of interest to clients and practitioners outside Japan:
The CRISPR Patent Wars Hit Japan: A High-Stakes Battle Over Gene-Editing's Future - Detailing the University of California's favorable outcome before Japan's IP High Court, rejecting Toolgen's efforts to invalidate the university's foundational CRISPR Cas9 gene editing patent.
In Vivo Production and Patent Infringement - An Issue of First Impression in Japan's IP High Court - A groundbreaking decision that may shape the scope and enforceability of Japanese patents directed to patient therapies administered by medical professionals in Japan.
Law Firm Opportunities in the Japanese Market - Documenting opportunities for U.S. law firms arising from shifting trends in Japanese corporate foreign investment. Legal needs for transactional, regulatory, litigation, and arbitration work - amplified by recent tariff policies.
FDA Pharmaceutical Regulation and Drug Patent Litigation: A Guidebook for U.S. Drug Development (published by "Keizai Sangyo Chosakai" Research Institute of Economy, Trade & Industry) - York co-authored the leading Japanese-language publication on FDA approvals and Hatch-Waxman drug and biosimilar litigation.
Future of the Profession
The legal profession is rapidly changing. York writes about law firm economics from the perspective of his years in BigLaw firm management, the founding of his own firm, and his background in economics. The following "DOGE" trilogy traces the fortunes of a fictional managing partner who, while struggling to keep the law firm afloat, is visited by a data analyst from "DOGE." The visits result in a near 300% profit turnaround only to be faced with the challenges and disruptions of artificial intelligence:
What if DOGE Paid a Visit to YOUR Law Firm? - A detailed and mathematical presentation of how hourly cost rate and hourly profit rate metrics can revolutionize your firm's profitability with concrete guidance on headcount management, hourly rate pricing, and more.
The DOGE Analyst Returns to YOUR Law Firm to Discuss the Rise of Non-Equity Partners: A Sequel - A formalized analysis explaining the role of technology in driving modern trends in law firm management, including seniority biased staffing, the rise of non-equity partners, runaway hourly billing rates, and more.
Banishing the DOGE Analyst from YOUR Law Firm: The End of a Trilogy and the Practice of Law as We Know it? - An analysis of your law firm's uncertain future when confronted with the full scope and force of artificial intelligence. See the drama unfold in real time during your partners' annual retreat.