Jonathan Kagan focuses his practice on complex intellectual property disputes, with a particular emphasis on patent litigation. He also counsels clients in other areas of intellectual property, including trademark and copyright. Jonathan serves on the firm's Executive Committee and chairs its Hiring Committee.
Known as a "brilliant thinker who employs some very creative strategies” (Chambers USA), Jonathan represents clients in multiple industries, concentrating on the electronics sector, including semiconductors and internet infrastructure. He brings a sophisticated understanding of technology to his work and immerses himself in the technical details involved in each dispute. Jonathan has extensive experience leading teams of lawyers and coordinating with inter partes reviews before the Patent Trial and Appeal Board (PTAB). He is also adept at addressing indemnity issues when they arise in patent infringement lawsuits.
Jonathan provides ongoing counsel on patent portfolios as well as the purchase and licensing of patents. Additionally, he provides strategic advice on patent pooling, swaps and other creative ways of acquiring and managing intellectual property.
Jonathan is a past president of the Century City Bar Association and serves on the Editorial Advisory Board of the National Institute for Trial Advocacy. He is frequently invited to speak about the litigation of complex commercial and intellectual property disputes.
- Juniper Networks v. Toshiba America Information Systems. Represented Juniper Networks in a number of intellectual property matters, including this protracted patent infringement dispute with Toshiba. In response to a motion filed by Juniper Networks shortly before trial, the court issued a sanctions order against Toshiba that, among other things, barred Toshiba from calling its expert witness on noninfringement and severely limited Toshiba’s time for its opening statement and closing argument. The case settled in late 2007, shortly after the court issued the sanctions order.
- Ultratech Stepper v. ASML. Served as trial counsel for ASML, one of the world’s leading suppliers of semiconductor manufacturing equipment, in this patent infringement case. While both of ASML’s competitors (who were initially co-defendants in this action) entered into substantial settlements with the plaintiff, ASML elected to litigate. After a four-week trial—and with less than one day of deliberation—the jury found the plaintiff’s patent invalid on multiple grounds. The Federal Circuit affirmed the jury’s verdict in its entirety. The Daily Journal recognized this victory as one of the top 10 defense verdicts of 2005.
- Aviza Technology v. ASML. Served as lead counsel for ASML in this arbitration in which the claimant accused ASML of fraud and negligence. After a one-week hearing, the arbitrator found in favor of ASML on all causes of action and determined that ASML was entitled to recover its litigation expenses, including attorneys’ fees.
- Sharper Image v. Ionic Pro. Defended a patent and trademark case brought by Sharper Image against retailers and manufacturers of air purifiers that competed against its flagship Ionic Breeze. This case settled after Sharper Image’s claims of trade dress and design patent infringement were dismissed on summary judgment.
- Stac Electronics v. Microsoft. Represented Stac Electronics, a small software company, in a patent infringement suit it brought against industry giant Microsoft. After an extensive trial, the jury awarded Stac Electronics $120 million in patent damages. Stac also obtained a worldwide injunction against the sale of Microsoft’s operating system.
- Novellus Systems v. Applied Materials. Represented Novellus Systems, a manufacturer of semiconductor manufacturing equipment, in a patent infringement lawsuit filed against it by industry leader Applied Materials. Over a period of seven years, each of the patents Applied Materials had asserted against Novellus was declared invalid, held not to be infringed or withdrawn from the case. The parties then reached a settlement of the case, which involved a payment from Applied Materials to Novellus.
Honors & Awards
- Recognized as a leading IP litigator by the Daily Journal (which has twice named his defense victories to its annual list of top defense verdicts)
- Recognized by The Legal 500 for his work in the area of Patent Litigation: High-Tech Electronics and IT
- Selected for inclusion in Best Lawyers in America (2010-2019)
- Named to the Southern California Super Lawyers list in the area of intellectual property litigation (2004-present)
- "Trademark Bootcamp," Los Angeles Intellectual Property Law Association (October 24, 2013)
- "Remedies-Or-," LAIPLA Spring Seminar (June 8, 2013)