Jason C. Kravitz

What do you focus on?

I focus on litigating and resolving IP and technology disputes and privacy-related matters. I have confidence in my ability to accurately assess a case upfront and, where appropriate, will embrace alternative fee arrangements.

Litigation, Arbitration, and Administrative Proceedings

I’ve tried complex cases to verdict in courts across the country and in numerous confidential arbitrations. I’ve also argued Markman, summary judgment, and injunction hearings in dozens of courts. I represent clients in administrative proceedings and before the Federal Trade Commission. I advise clients on a host of issues, including IP and privacy.

Trademark Management and Enforcement

I help clients strategically manage and enforce their domestic and international trademark portfolios. I also counsel companies on new product development and advertising/promotion issues.

Privacy and Cybersecurity

I frequently advise clients on data protection and privacy issues. I have extensive experience in data breach investigations and remediation and led the team that defended NebuAd in an early case involving targeted online advertising technology.

What do you see on the horizon?

Western companies will continue to struggle navigating China’s complex IP system and will need the assistance of lawyers with real-world experience. Digital content will continue to be the center of the copyright universe. Third-party financing is having a profound impact on litigation and dispute resolution. Privacy issues will pervade virtually every facet of modern commerce.

Representative Experience

• Representing large B2B office supplier in trademark action against Dairy Queen concerning use of the “Blizzard” trademark. (D. Minn.)
• Successfully defended large telemarketing call center in several actions alleging violations of the Telephone Consumer Protection Act of 1991 (TCPA).
• Successfully persuaded PTAB to deny institution of IPR against two separate patents directed to tampon applicators and owned by Edgewell Personal Care Co. (owner of Schick, Playtex, Hawaiian Tropic, and Edge brands) (IPR2017-00694 and IPR2017-00693).
• Defended Edgewell Personal Care Co. against patent infringement allegations involving private label razors. The case settled. The Gillette Co. v. Edgewell Personal Care Co. (S.D.N.Y.)
• Successfully led defense of manufacturer of materials using Nobel Prize-winning technology in years-long patent dispute. (D. Del.)
• Defended ERP software implementation consultant against allegations of fraud and breach of contract. Case settled favorably shortly before trial. (W.D. Tex.)
• Led team responding to data breach at large privately-owned company, including coordination with law enforcement, assessment of notification obligations, and remediation efforts.
• Defended State Street Corporation in patent infringement action brought by non-practicing entity concerning electronic communications. Judgment entered for defendants and attorneys’ fees awarded. (N.D. Ill.)
• Defended IDentrix, developer of security software used by TSA, against trademark infringement allegations involving “Identix” and “Identrix” registered marks. The case settled. MorphoTrust USA, LLC v. IDentrix, LLC et al. (D. Mass.)
• Defended technology company against allegations that negligent performance of services resulted in data breach of large health care provider, including coordination with HHS and law enforcement, assessment of notification obligations, and remediation efforts.
• Defended specialty chemical company against allegations of willful patent infringement and inequitable conduct involving Nobel prize-winning catalyst technology.
• Represented Advertise.com, the leading ad network for online advertising, in an action brought by AdSupply for copyright infringement in connection with software involving online advertisement delivery. The case settled. AdSupply, Inc. v. Advertise.com, Inc. (C.D. Cal.)
• Led team that defended 29 companies, including some of the world’s best known brands, in case in which 450 defendants were accused of patent infringement by a non-practicing entity involving a patent directed at online access to geographically and topically based information. The case was dismissed and judgment was entered for defendants. GeoTag Inc v. Frontier Communications (E.D. Tex.)
• Defended Neff, a snowboard and skateboard fashion company, against allegations of trade dress infringement. The case settled after Neff filed a comprehensive summary judgment motion. Oakley, Inc. v. Neff, LLC (S.D. Calif.)
• Represented the Schick division of Edgewell Personal Care Co. in a patent litigation dispute involving razors and razor cartridges. The case was dismissed. Eveready Battery Co. Inc., et al. v. Dorco USA, Inc., et al. (D. Conn.)
• Defended Peoplefluent, a provider of cloud-based talent management software, against patent infringement allegations filed by an NPE. The case settled. Trunqate LLC v. Peopleclick, et al. (E.D.N.C.)
• Defended TrueX Media, a digital advertising company, against allegations of trademark infringement concerning use of TRUEX MEDIA mark. The case settled. True Media LLC v. Truex Media Inc. et al. (N.D. Ill.)
• Represented Freeplay Music, a digital music library, in a copyright infringement case against a Japanese power tool manufacturer concerning use of music in advertisements. The case settled. Music, LLC v. Makita Corporation and Makita U.S.A., Inc. (S.D.N.Y.)
• Defended Compandent, which develops innovative DSP algorithms and related software, against allegations of copyright infringement involving certain software files. The case settled. Vocal Technologies, Ltd. v. Compandent, Inc. (W.D.N.Y.)
• Represented Shamballa Jewels, a Danish company that designs and sells distinctive high-end jewelry, in a trademark infringement action involving a jewelry manufacturer. The case settled. Shamballa Jewels ApS v. Midas Chain, Inc. (S.D.N.Y.)
• Defended Taleo Corporation and Vurv Technology, Inc., software companies in the talent management space, against allegations of patent infringement involving online résumé processing technology. The case settled favorably during trial. Kenexa BrassRing Inc. v. Taleo Corp. and Vurv Technology, Inc. (D. Del.)
• Represented Transched Systems, a Canadian transportation software company, in an action for fraud against Versyss Transit Solutions. Prevailed at trial. (Del. Super. Ct.)