Jonathan D. Brit

Partner Intellectual Property

New York +1 212 390 4209

Jonathan D. Brit

Overview

Jonathan Brit is a trial lawyer with a focus in patent, trademark, copyright and trade secret litigation. As a partner based in Kirkland’s New York office, Jonathan represents clients in complex commercial and intellectual property disputes in federal and state courts and before the U.S. International Trade Commission. He has achieved numerous favorable outcomes for clients in high-profile cases at all stages of litigation, including multiple trial victories, successful dispositive motions, and early resolution of cases. His litigation experience includes jury and bench trials, ITC evidentiary hearings, Markman hearings, summary judgment proceedings, and all aspects of fact and expert discovery. His practice also extends into PTAB matters, counseling on IP and big data issues, and diligence in mergers and acquisitions. With a background in aerospace, electrical, and computer engineering, he is known for his deep understanding of the high-tech sector and ability to break down complex concepts. Multinational clients involved in IP disputes ranging across a broad spectrum of technologies—from computer hardware and software, video coding, and consumer products to automobiles, manufacturing equipment, and medical devices—rely on Jonathan’s extensive experience. Jonathan also represents clients in matters involving allegations of copyright and trademark infringement, trade secret misappropriation, false advertising, licensing, and contract issues. Jonathan has been recognized as a “Rising Star,” New York Super Lawyers by Thomson Reuters each year since 2018 and was recently recognized as one of the 40 Best LBGTQ+ Lawyers Under 40 by The LGBTQ+ Bar.

Jonathan also maintains an active pro bono practice. He routinely represents individuals in federal district and appellate courts in matters involving claims related to First Amendment violations, excessive force, discrimination and human rights. He has also represented individuals in various state proceedings seeking relief from conviction and sentencing, including in death penalty matters. Jonathan has also represented individuals in immigration matters before the Executive Office for Immigration Review (EOIR). Further, he is a mentor in his community to aspiring scientists, engineers, and lawyers of all ages; has served as the University of California Scholarship Committee Chair for the North Central Region of California since 2015; and is an active volunteer and mentor with the UCLA Samueli School of Engineering and Applied Science.

Since joining Kirkland, Jonathan has been involved in the following matters:

  • Delta Air Lines v. Marriott (N.D. Ga.): Representing Delta in asserting claims against Marriott for infringement and dilution based on Marriott’s “Delta Hotels” brand of hotels.
  • Intellectual Ventures, et al. v. Honda Motor Co., American Honda Motor Company, Inc., and American Honda Finance Corp. — Represented Honda in both the Eastern District of Texas and the Northern District of Texas in defensive multi-patent litigation related to in-vehicle WiFi, communications, camera functionality, location-based mapping services, and other positional information.
  • In the Matter of Certain Radio Frequency Identification (“RFID”) Products, Components Thereof, and Products Containing the Same — (International Trade Commission Investigation No. 337-TA-1234). Represented Respondents, Kapsch TrafficCom entities, in an ITC investigation filed by Amtech Systems LLC related to RFID tolling products.
  • Personalized Media Communications LLC v. Apple, Inc. — Represented Apple in patent litigation brought by PMC related to digital rights management.
  • Ericsson Inc. v. Samsung Electronics, Co. Ltd. — Represented Samsung in standards-essential patent litigation brought by Ericsson related to 5G wireless communications standards.
  • Red Hat, Inc. & IBM v. Sequoia Technologies, Inc.; Sequoia v. HPE, Hitachi, and Super Micro —Represented Red Hat, IBM, and their customers in defensive action against a patent assertion entity on a patent related to storage management. Achieved favorable claim construction that forced patentee to stipulate to non-infringement.

Prior to joining Kirkland, Jonathan was involved in the following matters:

  • Grecia v. Samsung Electronics Co., Ltd. (S.D.N.Y.) — Defended Samsung in a patent suit relating to digital content protection and secure financial transactions. Favorable result awarded during claim construction when the court found that all asserted claims are indefinite.
  • In the Matter of Certain Magnetic Data Storage and Tapes and Cartridges Containing the Same (II) (International Trade Commission Investigation No. 337-TA-1076) — Representation of Fujifilm in ITC Investigation filed by Fujifilm related to magnetic tape data storage technologies.
  • In the Matter of Certain Magnetic Tape Cartridges and Components Thereof (International Trade Commission Investigation No. 337-TA-1058) — Representation of Fujifilm in ITC Investigation filed by Sony related to magnetic tape data storage technologies.
  • In the Matter of Certain Magnetic Tape Cartridges and Components Thereof (International Trade Commission Investigation No. 337-TA-1036) — Representation of Fujifilm in ITC Investigation filed by Sony related to magnetic tape data storage technologies.
  • In the Matter of Certain Magnetic Data Storage Tapes and Cartridges Containing the Same (International Trade Commission Investigation No. 337-TA-1012) — Representation of Fujifilm in ITC Investigation of Sony's infringement of a number of Fujifilm patents related to magnetic tape data storage technologies.
  • Multinational electronics company — United States District Court litigation matters.
  • Multinational photography and imaging company — Litigation matters and client counseling.
  • National software developer — Litigation and licensing matters.

Law ClerkHonorable Chief Justice Maureen O'ConnorSupreme Court of Ohio2014

Baker Botts, LLP

More

Thought Leadership

Publications

“Limited Deference Owed USPTO After High Court Kisor Ruling,” Law360, June 2019

“A Groundswell of Support for Strengthening Patent Rights,” New York Law Journal, Volume 261, No. 98, May 2019

“The IoT and Intellectual Property, Chapter 16, The Internet of Things: Legal Issues, Policy, and Practical Strategies,” ABA Publishing, March 2019

“Aatrix, Berkheimer and the Future of Patent Eligibility,” Law360, September 2018

“Broadest Reasonable Interpretation v. Broadest Possible Interpretation,” Baker Botts PTAB Trials Blog, November 2017

“Making Patents Great Again?,” Intellectual Property Magazine, June 2017

“President Trump and IP: Making Patents Great Again?,” Thomson Reuters Expert Analysis, May 2017

“Where is Wonderland? China May Eliminate Hurdles to Software and Business Method Patents,” Baker Botts Intellectual Property Report, February 2017

Recognition

40 Best LGBTQ+ Lawyers Under 40, The LBGTQ+ Bar, 2024

Rising Star, New York Super Lawyers (Thomson Reuters), 2018–2023

Ones to Watch, Best Lawyers, 2021–2024

District of Columbia Courts, in Partnership with the District of Columbia Access to Justice Commission and the D.C. Pro Bono Center - Capital Pro Bono Honor Roll, High Honors - 2020, 2022

Memberships & Affiliations

American Bar Association – Federal Circuit Committee, Trial and Appellate Rules and Procedure Committee, and the Subcommittee on Section 101

New York Intellectual Property Law Association

Scholarship Committee Chair for the North Central Region of California, University of California

Credentials

Admissions & Qualifications

  • New York
  • District of Columbia
  • Registered to practice before the United States Patent and Trademark Office

Courts

  • Supreme Court of the United States
  • United States Court of Appeals for the Federal Circuit
  • United States District Court for the Eastern District of Michigan
  • United States District Court for the Southern District of New York

Education

  • The Ohio State University Moritz College of LawJ.D.

    Dean's Highest Honors

    Chief Marketing Editor, Ohio State Journal on Dispute Resolution

    CALI Award, Legal Writing and Analysis & Patent Prosecution

  • University of California, Los AngelesB.S., Aerospace Engineering

    UC Honor Student

    Dean's List