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

INSIGHT: Are Your Employees Using Messaging Apps for Business Communications? Understanding Compliance Implications

Employees are using ephemeral messaging apps—where messages “disappear"—but do they? Farella Braun + Martel attorneys lay out legal pitfalls and compliance issues and the digital minefield that arises when employees don’t use company-sanctioned email...

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News

Ninth Circuit Upholds Data Miner's Injunction Against LinkedIn

The U.S. Court of Appeals for the Ninth Circuit sided with data analytics company hiQ Labs, Inc. and upheld an injunction barring LinkedIn from blocking it from accessing information made publicly available by the professional networking site’s users...

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Publication

California Supreme Court Ruling Clarifies That the Notice-Prejudice Rule Is a Fundamental Public Policy That May Override Choice of Law Provisions

In  Pitzer College v. Indian Harbor Insurance Company , the California Supreme Court resolved two previously open questions in insurance law: (1) it concluded that the notice-prejudice rule [1]  is a fundamental public policy...

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Publication

San Francisco COPA Program Rules Released

The Mayor’s Office of Housing and Community Development (MOHCD) released program rules for the Community to Purchase Act (COPA) on September 3, 2019. The recently enacted COPA program (codified in Chapter 41B of the...

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News

A Major Victory for hiQ Labs, Ninth Circuit Upholds Its Right to Access Publicly Available LinkedIn Data

In a blockbuster ruling, the Ninth Circuit Court of Appeals affirmed startup hiQ Labs, Inc.’s preliminary injunction (PI) against LinkedIn granted by Judge Edward Chen of the United States District Court for the Northern...

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Event

CalCPA: Wine Industry Conference

Lauren Gilbreth will present the session "Succession Planning" at the CalCPA - Wine Industry Conference. The ever dynamic wine industry is fraught with complicated tax, labor and accounting issues. Please join us as we...

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Event

Complex Civil Litigation Symposium

Doug Dexter is a member of the planning committee for the 2019 Complex Civil Litigation Symposium.

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Event

Women in Cleantech & Sustainability

Lysondra Ludwig will speak at the WCS Talks - a full day TED-Style event and startup pitch competition hosted by Google.

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Publication

Changing Climate, Changing Laws: Addressing CEQA’s New Wildfire Risk Requirements in Project Development

Wildfires pose an increasingly serious threat to the public and environment in California. So it should be no surprise that the Governor’s Office of Planning and Research (OPR) amended Appendix G of California Environmental...

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News

Melissa S. Hung Named a 2019 Asian American Bar Association LEAD Fellow

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