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.
- National Law Journal, Intellectual Property Trailblazers (2023)
- Daily Journal, Top IP Lawyers (2020, 2023)
- Managing Intellectual Property, IP Stars - Patent Litigation (2018-2022)
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