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Intellectual Property Law: Counseling,
Licensing, Litigation & Procurement
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Jason S. Shull
Attorney
Jason's practice comprises all areas of intellectual property law, with a focus on patent, trademark, and copyright litigation, and Section 337 investigations at the United States International Trade Commission. Jason has experience in representing plaintiffs and defendants in all phases of federal litigation, from pre-trial investigation through jury trials and appeals.

Jason was named an "Illinois Super Lawyers Rising Star" in the field of Intellectual Property Litigation in 2011, 2010, 2009, and 2008. 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.

Exemplary clients represented by Jason in litigation matters, and sample subject matter of representation, include:

  • Skype Technologies (Patent litigation involving voice over IP telephony equipment)
  • Lexmark International, Inc. (Patent litigation and Section 337 investigation at the United States International Trade Commission regarding toner cartridges)
  • Kimberly-Clark (Patent litigation regarding baby diapers and adult incontinence products)
  • Husky Injection Molding (Patent litigation regarding injection molding systems)
  • Logitech (Patent litigation involving voice over IP telephony equipment)
  • Newell Rubbermaid (Patent litigation relating to window latch technologies)
  • Peapod LLC (Patent litigation regarding online grocery shopping and delivery services)
  • 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)
  • 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)

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 has chaired several committees of the ABA Section of Litigation and Section of Intellectual Property Law, and has received several awards from the Section of Litigation. For example:

  • Jason currently serves as co-chair and member of the Patent Exhaustion Committee for the ABA Section of Intellectual Property Law
  • Jason has served as a co-chair and member of the Content Management Committee for the ABA Section of Litigation since 2007
  • Jason has served as the Website subcommittee chair for Section of Litigation’s Intellectual Property Litigation Committee since 2005
  • In 2009, Jason received the award for “Best Overall Committee Publication” from the ABA Section of Litigation
  • In 2008, Jason received the Outstanding Subcommittee Chair award for the ABA Section of Litigation
  • In 2006, Jason was one of five young lawyers nationwide selected to serve as a Fellow to the ABA Section of Litigation

Jason also currently serves as a committee member for the Litigation Committee for the Intellectual Property Owner’s Association, and as a committee member for the Remedies Committee for the ITC Trial Lawyers Association.

Jason has also authored several publications relating to intellectual property litigation. Some examples of Jason’s 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
  • 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.


Office
Ten South Wacker Drive
Suite 3000
Chicago, IL 60606-7407
T 312.463.5000
F 312.463.5001
Education
B.S. 1997, Michigan State University
J.D. 2000, Chicago - Kent College of Law
Bar Admissions
2000, Illinois
Court Admissions
U.S. Court of Appeals for the Federal Circuit
U.S. Court of Appeals for the Sixth Circuit
U.S. District Court for the Eastern District of Michigan
U.S. District Court for the Northern District of Illinois
U.S. District Court for the Western District of Wisconsin
U.S. District Court for the Northern District of Illinois, Trial Bar
U.S. District Court for the Eastern District of Wisconsin
 
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