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 patents 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 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

Managing Intellectual Property’s IP Stars - Patent Litigation (2018-2019)

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

New Laws for California Employers in 2020

The California Legislature and Governor Newsom have passed a sizable list of new laws governing the workplace in 2020. Employers are, once again, advised to evaluate their workplace rules and practices to insure they keep...

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Publication

AB 37: State Tax Deductions for Cannabis Businesses

cannabis leaf
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Publication

Trade Secret Hygiene for Current Employees

Published on  ACCDocket.com . By Walt Norfleet, Smiths Group plc and Eugene Y. Mar, Farella Braun + Martel LLP In the first two parts of this series on best practices in protecting trade secrets, we...

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Event

2020 Insurance Coverage Litigation Committee CLE Seminar

Join Erica Villanueva for a discussion on "Coverage Arguments that Work in Court but May Backfire at Mediation" at the 2020 Insurance Coverage Litigation Committee CLE Seminar. Details: In mediation, context is everything. Who are you...

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News

Threat of Cyberattack by Iran Still Critical, Experts Say

Insurance Recovery Partner Tyler Gerking commented in  The Wall Street Journal article "Threat of Cyberattack by Iran Still Critical, Experts Say." In the article, Tyler said that such direct actions by a nation-state against...

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News

Farella Braun + Martel’s Jerome Braun Honored With Bill Edlund Award for Professionalism in the Law

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Event

2020 Insurance Coverage Litigation Committee CLE Seminar

Raymond Sheen will speak at the 2020 Insurance Coverage Litigation Committee CLE Seminar session, "Fingerprints, Facial Recognition, Permission? Oh My! Biometric Privacy Coverage Litigation Arriving Soon in Your State." Details: The Illinois Biometric Privacy Act...

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News

Plans for SF’s 4th-tallest building win key OK as developer resolves opposition

C.J. Higley was mentioned in the article, "Plans for SF’s 4th-tallest building win key OK as developer resolves opposition."  According to the article, the Transbay district Parcel F tower would include 165 condos, 189...

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Event

ABA 34th National Institute on White Collar Crime

Jessica Nall will be speaking at the 34th National Institute on White Collar Crime session, "Updates in Cybercrime: Are We Fighting an Impossible Battle?" Details: Information security has now become an essential part of corporate...

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Publication

End of a Decade - Checklist for California Nonprofits

As 2019 comes to a close, we thought about our customary note to nonprofit officers and directors to take a few moments to confirm that important year-end responsibilities have not been overlooked. But since this...

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