Biography

Jim Day is the head of our Patent Office Litigation practice group. Jim has more than 20 years of experience in state and federal courts litigating intellectual property and complex commercial disputes for internet and other high technology companies. 

Jim’s practice is focused on patent disputes, both in Federal courts and before the Patent Trial and Appeal Board (PTAB), and trade secret misappropriation lawsuits. A significant, and growing, part of his work involves inter partes patent review proceedings before the PTAB, in which the validity of a patent is reviewed in a more streamlined and predictable action as compared to conventional patent litigation. With limited discovery, oral argument to a panel of patent judges, and strict time limits on decisions, his experience with these reviews saves his clients time, money, and uncertainty.

Jim also has extensive experience litigating patents in numerous Federal District courts around the United States, dealing with technologies as diverse as cable networks, disk drives, video networking, electronic locks, lightning-protected gas tubing, and pharmaceuticals – just to name a few. In addition to purely patent-related matters, he has also represented and advised clients with respect to litigation of licensing disputes, trade secret issues, and other complex business disputes.

In addition to his credentials as an attorney, Jim is an electrical engineer with industry experience in software, which gives him a great deal of credibility with judges, juries, and his clients’ internal technical experts. He combines the technical aspect of his engineering expertise with the storytelling at the heart of being a litigator.

His approach to the disputes he handles is based on a concerted effort to think a step ahead of the other side – rather than reflexively fighting every point, every decision incorporates analysis of whether and how it will help his client’s case, how opposing counsel will react, and the ultimate objective of obtaining a successful result. He delivers this with an emphasis on being responsive, keeping his clients informed, and striving to ensure that he meets every client’s expectations for service, expertise, and ultimately, results.

Distinctions

  • Daily Journal Top IP Lawyers in California (2020)
  • Managing Intellectual Property’s IP Stars - Patent Litigation (2018-2021)

Memberships and Affiliations

  • American Bar Association’s Intellectual Property and Litigation Sections
  • American Intellectual Property Law Association (AIPLA)
  • Member, Advisory Board, All Stars Project of the San Francisco Bay Area, non-profit organization dedicated to providing developmental opportunities for inner-city youth
  • Member, Board of Directors, The Redwoods – A Community of Seniors

Firm Highlights

Publication

Upside: Litigation Trends In the Private Equity and Venture Capital Space

In today's Upside episode, we explore fiduciary duty in the venture capital context. Can owners of a venture capital management company act in ways that explicitly disadvantage their business partners? Can they agree to...

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Publication

Platform Ecosystems – The Landscape of US and EU Legislation (Webinar)

Stephanie Skaff and Nate Garhart discuss "Platform Ecosystems – The Landscape of US and EU Legislation." Several new bills targeting online platform companies are making their way through state and federal legislative bodies in the...

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Publication

Upside: Changes in the VCAP Liability Coverage Market

Over the past few years, there's been a dramatic rise in premiums in the venture capital liability insurance market and a steady increase in claims being submitted under those policies. We're also seeing a...

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News

Katherine Philippakis Named Among the Top Women Lawyers in California by Daily Journal

Farella Braun + Martel is proud to announce the selection of partner Katherine Philippakis to the Daily Journal ’s 2022 list of California’s "Top Women Lawyers." The annual list honors the achievements of leading...

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News

Farella Braun + Martel Named Among 2022 Best Places to Work

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Publication

Illinois Courts Largely Favor Coverage for BIPA Cases Under CGL Policies

Since Illinois passed its Biometric Information Privacy Act (BIPA) in 2008, there has been a proliferation of class action lawsuits filed pursuant to the statute. BIPA generally bars private entities from collecting, capturing, purchasing...

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Event

Fire Season Preparedness: What Wineries Should Do

Tyler Gerking is the moderator and Jennifer Bentley is a speaker at the Paso Robles Wine Alliance program "Fire Season Preparedness: What Wineries Should Do.”  Guest speakers include Piper Cole and Joe Nordlinger of...

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Event

The 15th Annual Santa Fe Advanced Conference on Litigating Natural Resource Damages

Jim Colopy is a speaker at the 15th Annual Santa Fe Advanced Conference on Natural Resource Damages on the panel addressing "Federal Jurisdiction: Waters of the United States.” 

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Event

Platform Ecosystems: Computer Fraud and Abuse Act and Other Scraping Law Developments (Webinar)

Join Stephanie Skaff and Erik Olson in the discussion on "Platform Ecosystems: Computer Fraud and Abuse Act and Other Scraping Law Developments." Web scraping has existed as long as the World Wide Web has...

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News

Companies Increasingly Investigating Their Own Cultures—Even When There Are No Complaints

Aviva Gilbert, Farella partner and co-chair of the firm's White Collar Criminal Defense and Internal Corporate Investigations practice, spoke to Corporate Counsel for the article "Companies Increasingly Investigating Their Own Cultures—Even When There Are...

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