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

News

Farella Assists Patagonia With Challenge to Federal Agencies’ Weakening of ESA Protections

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News

Chris Locke Joins Marin County Bar Association Board of Directors

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Event

Litigating Civil and Criminal Trade Secret Cases: Trends, Best Practices, and Lessons Learned

Trade secret litigation is on the rise, both civil litigation and follow-on criminal prosecution for trade secret theft. Companies are grappling with how to protect their valuable information and minimize risk in their technological...

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Event

PFAS Litigation Conference

Sarah Bell will be speaking at Law Seminars International's PFAS Litigation Conference program, "Lines of Defense" on December 10. Details: Assessing and choosing among the legal options for defending toxic tort, mass tort, and...

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Publication

Practices to Protect Trade Secrets in Failed Acquisitions and Customer Relationships

Published on  ACCDocket.com . By Walt Norfleet, Smiths Group plc and Eugene Y. Mar, Farella Braun + Martel LLP In part one of this three-part series on best practices for protecting trade secrets and guarding...

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News

Farella Braun + Martel Ranked Among “Best Law Firms” by U.S. News & World Report and Best Lawyers

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Publication

Newly Adopted California Housing Laws - Senate Bill 330 Housing Crisis Act

Ahead of the January 1, 2020 effective date for several housing-related bills recently signed into law by the Governor, we will explain upcoming changes in housing law through a series of updates. Our first...

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Event

WSJ Pro Cybersecurity Symposium

Tyler Gerking will be speaking at the WSJ Pro Cybersecurity Symposium session, "The Role of Cyber-Insurance." Details: How much should you buy, what does it cover and how does it fit with an overall...

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Publication

INSIGHT: California Ruling in Wage-Hour Coverage Suit Offers Employers a Defense Hook

Wage-and-hour exclusions are common in EPLI policies, frequently with defense-only sub-limits that are woefully inadequate. Farella Braun + Martel LLP’s Shanti Eagle looks at a recent decision adding an avenue to establish or expand...

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Publication

Newly Adopted California Housing Laws – Assembly Bill 1485 Streamlining the Permit Process for Housing Developments

On January 1, 2020, several housing-related bills recently signed into law by the Governor take effect. We will explain the upcoming changes in housing law through a series of updates. Our first update...

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