James Blackburn is an intellectual property litigator whose practice focuses on patent, copyright and trademark litigation and counseling for technology and entertainment and media companies. His experience includes:

  • Lead counsel in patent litigations nationwide involving software, database and Internet technology.
  • Lead counsel in copyright litigation regarding public performance liability for retransmission of over-the-air broadcasts, and the availability of a compulsory license under Section 111 of the Copyright Act for those retransmissions.
  • Lead counsel in trademark, false advertising and unfair competition actions.
  • Noninfringement and invalidity analysis and due diligence.

Experience

  • Cloud Satchel v. Barnes & Noble. Lead counsel for Barnes & Noble in patent infringement case relating to document database and retrieval technology and Nook e-readers. Won judgment of invalidity under Section 101 on a Rule 12 motion. Judgement affirmed on appeal.
  • B.E. Technology v. Barnes & Noble. Lead counsel for Barnes & Noble in patent infringement case relating to information delivery and transmission and Nook e-readers. Case pending.
  • GeoTag. Lead counsel for multiple defendants in one of the largest patent troll litigations in the Eastern District of Texas relating to database and retrieval technology. Case settled favorably on behalf of all defendants.
  • Lucent v. Dell. Represented Dell Inc. in defending against charges of infringement of 12 different patents in numerous technologies such as communications protocols, modems, computer graphics, and video compression. Favorable judgment for Dell following jury trial.
  • Amado v. Microsoft. Represented Microsoft in a patent infringement action relating to database and spreadsheet technology. Favorable judgment for Microsoft following jury trial, including substantial reduction of jury award due to successful laches defense.

Recognition

The Legal 500 US
Intellectual Property: Copyright (2012)
Intellectual Property: Litigation (2012)
Los Angeles Daily Journal
"50 Leading IP Litigators in California" (2008)

Credentials

Education
  • JD, University of California, Berkeley School of Law, 1993, Order of the Coif
  • AB, Political Science, University of California, Berkeley, 1990, with highest distinction
Admissions
  • California
  • US Tax Court
  • US District Court, Northern District of California
  • US District Court, Southern District of California
  • US District Court, Central District of California
  • US District Court, Eastern District of Texas
  • US Court of Appeals for the Ninth Circuit
  • US Court of Appeals for the Federal Circuit
Overview

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