Jason Wilcox is an intellectual property partner in Kirkland's Washington, D.C. office. His practice focuses on complex appellate litigation before the United States Court of Appeals for the Federal Circuit. He has also handled appeals involving a wide range of matters, from constitutional issues of first impression and tax to multi-million dollar contract disputes and bankruptcy, in federal courts of appeals across the country and before the Supreme Court of the United States. In addition to his appellate practice, Jason maintains an active litigation practice representing Fortune 500 clients in all aspects of patent and other technology disputes before federal district courts.
Prior to joining Kirkland, Jason served as a law clerk to Justice Antonin Scalia of the U.S. Supreme Court and Judge Jeffrey S. Sutton of the U.S. Court of Appeals for the Sixth Circuit.
Commonwealth of Puerto Rico v. Sanchez Valle (S. Ct.) – Currently represented Puerto Rico in case presenting question whether the Federal Government and Puerto Rico are “separate sovereigns” for purposes of the Double Jeopardy Clause of the U.S. Constitution after persuading the Supreme Court to grant plenary review.
Horne v. Department of Agriculture (S. Ct.) – Represented California raisin farmers in case establishing the Fifth Amendment requires the Government to pay just compensation when it takes personal property, just as when it takes real property, and that the Government cannot make raisin growers relinquish their property without just compensation as a condition of selling their raisins in interstate commerce.
Teva Pharmaceutical USA, Inc. v. Sandoz, Inc. (S. Ct.) – Represented Teva in case establishing de novo standard of review for subsidiary factual findings made in the course of a district court's patent claim construction ruling, a decision that overturned longstanding Federal Circuit precedent.
Medtronic Sofamor Danek USA, Inc. v. NuVasive, Inc. (S. Ct.) – Represented Medtronic in petition for certiorari seeking review of indirect infringement judgment against Medtronic; Supreme Court granted the petition, vacated, and remanded for further consideration.
Commonwealth Scientific and Industrial Research Organisation v. Cisco (Fed. Cir.) – Represented Cisco in appeal in which Cisco raised apportionment- and standardization-related damages issues; Federal Circuit vacated and remanded for a new damages determination.
SynTest Technologies, Inc. v. Cisco Systems, Inc. (Fed. Cir.) – Represented Cisco in appeal in which plaintiff challenged claim constructions underlying stipulated judgment of non-infringement; Federal Circuit affirmed judgment in Cisco's favor.
SynQor, Inc. v. Artesyn Technologies, Inc. (Fed. Cir.) –Represented Murata in appeal in which plaintiff challenged patent damages award and denial of willful infringement after bench trial resulting in award of less than a tenth of what plaintiff was seeking; parties settled after oral argument.
T.M. Patents, Inc. v. Cisco Systems, Inc. (Fed. Cir.) – Represented Cisco in appeal in which plaintiff challenged claim constructions leading to summary judgment of non-infringement; Federal Circuit affirmed judgment in Cisco's favor.
Devlin v. OPM (Fed. Cir.) – Lead counsel for clients challenging OPM interpretation of its regulations and applicable statutes that denied estate of widowed mother certain survivors' benefits.
Payne v. United States (D.C.) – Lead counsel for client in currently pending appeal challenging his conviction after trial in which jury was improperly instructed on burden of proof.
In re Caesars Entertainment Operating Co. Inc. (7th Cir.) – Represented debtor Caesars in appeal over scope of bankruptcy court’s authority to enjoin third-party litigation, obtaining favorable precedential decision that bankruptcy court misunderstood scope of its authority; bankruptcy court entered requested injunction on remand.
In re Syncora Guarantee Inc. (6th Cir.) – Represented creditor in City of Detroit bankruptcy, obtaining writ of mandamus directing district court to promptly decide appeal arising out of bankruptcy proceedings to allow appellate review of that decision before confirmation of a plan of adjustment.
In re Spansion, Inc. (3d Cir.) – Represented leading consumer electronics and software company in appeal over whether client retained its intellectual-property licensing rights under 11 U.S.C. § 365(n) after Spansion's rejection of a license in Chapter 11 bankruptcy proceedings. Third Circuit affirmed judgment in client’s favor.
In re ION Media Networks (2d Cir.) – Represented debtor ION Media Networks in appeal by a creditor challenging validity of third-party releases in ION's Chapter 11 plan of reorganization.
District Court Litigation
FTC v. Wyndham Worldwide Corp., et al. (D.N.J.) – Represented Wyndham in lawsuit brought under Section 5 of the FTC Act, where the FTC alleges that Wyndham's data-security practices are "unfair" and "deceptive" trade practices. Lawsuit has the potential to be the first ever fully litigated data-security case under Section 5 of the FTC Act.
SynQor, Inc. v. Artesyn Technologies, Inc. (E.D. Tex.) – Represented Murata in patent damages bench trial related to power conversion technology, resulting in an award of less than a tenth of what the plaintiff sought.
Summit 6 LLC v. RIM et al. (N.D. Tex.) – Represented Facebook in patent infringement lawsuit involving photo compression and uploading technology.
Memberships & Affiliations
The Federalist Society
Federal Circuit Bar Association
Steve Cherny and Jason Wilcox, Standardised Uncertainty, Intellectual Asset Management (Jan-Feb 2015).
Supreme Court of the United States
United States Court of Appeals for the Second Circuit
United States Court of Appeals for the Fifth Circuit
United States Court of Appeals for the Sixth Circuit
United States Court of Appeals for the Ninth Circuit
United States Court of Appeals for the DC Circuit
United States Court of Appeals for the Federal Circuit