Jason's practice comprises all areas of intellectual property law, with a focus on patent, trademark, and copyright litigation. Jason has experience in representing plaintiffs and defendants in all phases of litigation, from pre-trial investigation through jury trials and appeals. For example, in a recent patent infringement litigation, Jason helped a client win summary judgment of literal patent infringement on 9 patents, and win JMOL literal patent infringement during trial on an additional patent. Jason also helped the same client win summary judgment on $1B counterclaim for alleged antitrust violation. Exemplary clients represented by Jason, and sample subject matter of representation, include:
- Husky Injection Molding (Patent litigation regarding injection molding systems)
- America Online, Inc. (Patent litigation regarding instant messaging and internet chat services)
- CIBA Vision/Wesley-Jessen (Patent litigation regarding colored contact lenses and chemical processes)
- eBay (Patent litigation involving voice over IP telephony equipment)
- Lexmark International, Inc. (Patent and copyright litigations regarding toner cartridges and violations of the Digital Millennium Copyright Act)
- Logitech (Patent litigation involving voice over IP telephony equipment)
- Newell Rubbermaid (Patent litigation relating to window latch technologies)
- NIKE (Patent litigation involving footwear technology)
- PNA Construction Technologies (patent litigation involving load transfer devices in concrete flatwork
- RTX Telecom (Patent litigation involving voice over IP telephony equipment)
- Team Play (Copyright litigation regarding video games and source code)
- U.S. Robotics (Patent litigation involving voice over IP telephony equipment)
Jason was named an "Illinois Super Lawyers Rising Star" in the field of Intellectual Property Litigation in 2010, 2009, and 2008 by Law & Politics magazine. Super Lawyers Rising Stars names the state's top 2% of up-and-coming attorneys under the age of 40 based on a comprehensive research process to find evidence of peer recognition and professional achievement.
In addition to his litigation experience and achievements, Jason has a wide range of experience in patent, trademark, and copyright counseling and procurement. Jason has prepared and prosecuted numerous design patent applications and utility patent applications on a variety of subject matters including medical and diagnostic devices, structural ceramics, superconducting materials, sports equipment, and other mechanical and electro-mechanical devices and processes. Jason also has experience in preparing and prosecuting domestic and foreign trademark applications.
Jason is also an active member of the American Bar Association. Jason co-chairs the Content Management committee for the ABA Section of Litigation, and also serves as the Website subcommittee chair for Section’s Intellectual Property Litigation committee. In 2009, Jason received the award for “Best Overall Committee Publication” from the ABA. The award is a result of Jason’s work as the Website Editor for the Intellectual Property Litigation Committee in the Section of Litigation of the ABA. In 2008, Jason received the Outstanding Subcommittee Chair for the Section of Litigation award. In 2006, Jason was one of five young lawyers nationwide selected to serve as a Fellow to the ABA Section of Litigation. Jason also serves on the ABA Advisory Panel.
Jason has authored several publications relating to intellectual property litigation. Some examples of Jason’s recent publications include:
- “Patent Enforcement in Japan as Part of a Global Litigation Strategy", Intellectual Property Litigation. Summer 2008
- “Venue Selection in Trademark Infringement Cases: Where to Obtain Preliminary Injunctive Relief”, IP Litigator. May/June 2007
- “Venue Selection for Infringement Cases: Where to Obtain Preliminary Injunctive Relief”, Intellectual Property Litigation. Volume 18, No. 4, Summer 2007
- “DSU Medical Corp. v. JMS Co.: Clarifying the Standard to Prove Inducement of Patent Infringement under 35 U.S.C. § 271(b)", Intellectual Property Counselor. March 2007 Issue No. 123
- “Clarifying the Standard to Prove Inducement of Infringement under 35 U.S.C. § 271(b)", Intellectual Property Litigation. Winter 2007, Volume 18, No. 2
- “Opinions of Counsel and the Scope of Waiver: Examining EchoStar and Seagate”, Intellectual Property Litigation. March 2007
Jason earned his Bachelor of Science degree in Civil and Environmental Engineering from Michigan State University. Prior to earning his degree from Michigan State University, Jason attended the United States Air Force Academy where he earned the Commandant’s Silver Wreath for outstanding military performance. Jason earned his Juris Doctor degree from Chicago-Kent College of Law. Among his law school accomplishments, Jason was a member of the Intellectual Property Moot Court and a finalist in the Giles Sutherland Rich Moot Court Competition. In addition, Jason has completed graduate coursework towards a Master of Science degree in Chemical Engineering from the Illinois Institute of Technology.
Jason is a registered patent attorney and is admitted to practice in the state of Illinois. He is also admitted to practice before the Court of Appeals for the Federal Circuit and numerous federal district courts.
Jason practices in the Chicago office of Banner & Witcoff, Ltd.
