Jonathan D. Brit

Partner Intellectual Property

jonathan.brit@kirkland.com

Practices

Overview

Jonathan D. Brit is a partner in the intellectual property group of Kirkland & Ellis LLP’s New York office. His practice focuses on patent litigation, post-grant proceedings, and counseling.

Jonathan represents clients at the Federal Circuit, in Federal District Courts, the International Trade Commission, and before the Patent Trial and Appeal Board. His practice spans a wide range of technological fields, including software, computer systems, manufacturing equipment and processes, mechanical arts, and business methods. His litigation experience includes jury and bench trials, ITC evidentiary hearings, Markman hearings, summary judgment proceedings, and all aspects of fact and expert discovery.

Jonathan also maintains an active pro bono practice. Most recently he has represented individuals in federal district courts in civil matters relating to First Amendment, discrimination, and human rights. He has also represented individuals in immigration matters before the Executive Office for Immigration Review (EOIR). Jonathan currently serves as the University of California Scholarship Committee Chair for the North Central Region of California and is an active volunteer and mentor with the UCLA Samueli School of Engineering and Applied Science.

Experience

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

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

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

Rising Star, New York Super Lawyers (Thomson Reuters), 2018–2021

Ones to Watch, Best Lawyers, 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

2015, New York
2016, 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 Southern District of New York

Education

The Ohio State University Moritz College of LawJ.D.2014

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 Engineering2009

UC Honor Student

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