Jason Kravitz leads Nixon Peabody's IP Litigation group. Jason is a trial lawyer and his practice focuses on patent, trademark, copyright, trade secret, privacy, and false advertising disputes. He has litigated cases involving a broad range of technologies, including software and hardware, business methods, personal care products, wireless devices, footwear, dental implants, and online advertising applications.
What do you focus on?
I focus on litigating and resolving intellectual property disputes. I also help clients strategically manage and enforce their trademark portfolios, and regularly advise them on Internet-related issues.
I frequently speak at industry events on a variety of IP-related topics.
Litigation, Arbitration and Administrative Proceedings
I've been lead trial counsel in numerous jury and bench trials and arbitrations across the country. I've also argued appeals, and have handled Markman, summary judgment, and injunction hearings in dozens of courts. I represent clients in UDRP proceedings and in matters before the Trademark Trial and Appeal Board and the Federal Trade Commission. I advise clients on copyright matters, including disputes over source code and DMCA issues, and I handle software installation disputes and TCPA claims. I work closely with clients to devise alternative fee arrangements for handling their litigation matters.
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.
I frequently advise clients on Internet-related issues such as cybersquatting, phishing, framing, keyword advertising, drafting and modifying website terms and conditions, and website data protection and privacy issues. I have extensive experience in data breach investigations and remediation and led the team that defended NebuAd in a case related to micro-targeted online advertising technology.
What do you see on the horizon?
Western companies will continue to struggle in 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. Litigation financing is having a profound impact on dispute resolution.
Recent Professional Highlights Include:
- Successfully persuaded PTAB to deny institution of IPR against two separate patents directed to tampon applicators and owned by Edgewell Personal Care Brands (owner of Schick, Playtex, Hawaiian Tropic, and Edge brands) (IPR2017-00694 and IPR2017-00693)
- Defended Edgewell Personal Care Co., the maker of Schick razors and Edge shave gels, against patent infringement allegations involving private label razors. The case was terminated. The Gillette Co. v. Edgewell Personal Care Co. (S.D.N.Y.)
- 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.)
- 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 an NPE involving a patent directed at online access to geographically and topically based information. The case was dismissed. 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 summary judgment motion filed. Oakley, Inc. v. Neff, LLC (S.D. Calif.)
- Represented Energizer Holdings and its Schick division 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 realted 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 makes and sells distinctive high-end jewelry, in a trademark infringement action involving a jewelry manufacturer. The case was dismissed after settlement. 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 resume processing technology. The case settled during trial. Kenexa BrassRing Inc. v. Taleo Corp. and Vurv Technology, Inc. (D. Del.)