Jason C. Linger

Jason C. Linger is an associate in the Intellectual Property Department. His practice spans all forms of intellectual property litigation, including patent, copyright, trademark and trade secrets.

Jason has experience in both patent and copyright trials. His experience includes trials in New York City, Los Angeles and Waco, Texas. Recently, he second-chaired a six-day copyright trial in the Southern District of New York on behalf of Muhammad Ali’s personal photographer. Jason was instrumental in establishing the defendant's liability for willful copyright infringement, resulting in the jury awarding our client the maximum statutory damages (the trial win was featured in Law360).

Jason is also a registered patent attorney. He is well-versed in federal district court cases, appeals at the Federal Circuit, and inter partes review (IPR) proceedings before the United States Patent and Trademark Office. His experience includes briefing and arguing successful motions, including claim construction, summary judgment, motions in limine, JMOL briefing, IPR responses and appellate briefs. Jason has taken depositions, presented oral argument in front of the Patent Trial and Appeal Board, examined fact and expert witnesses at trial and drafted expert reports.

As part of his trademark work, Jason was part of a team that secured a landmark precedential decision in the U.S. Court of Appeals for the Ninth Circuit on an issue involving jurisdiction over foreign companies.

Jason has extensive experience in:

• Patent litigation through trial and appeal
• IPR proceedings
• Trademark and copyright litigation
• Trade secrets litigation

Jason’s notable experience includes his representation of:

• An early pioneer of Find My Device technology in a patent infringement action against LG Electronics in the Western District of Texas. Defeated a summary judgment motion of invalidity brought by LG by persuading the court to apply a novel theory of IPR estoppel. Presented and won arguments at a Markman claim construction hearing and secured reconsideration on the issue of pre-suit damages.
• A mobile payment company that holds over 60 patents in IPRs filed by Samsung against eight patents in the mobile payment and non-browser-based app space. Filed Patent Owner Preliminary Responses in each IPR, and the PTAB agreed and declined to institute any of the IPRs on the merits. In related district court action, defeated Samsung’s efforts to hold the patents ineligible under Section 101.
• Ayla, a San Francisco-based cosmetics and beauty boutique, in winning a landmark decision in the Ninth Circuit on the issue of personal jurisdiction over foreign companies.*
• Jeffrey Sedlik, a world-renowned, award-winning professional photographer, in a case involving the unlicensed use of his copyrighted photographic portrait of world-famous jazz musician Miles Davis by tattooist Kat Von D of “Miami Ink” and “LA Ink.” 
• Michael Gaffney, Muhammad Ali’s personal photographer, as the plaintiff in a copyright infringement case against Authentic Brands Group LLC (ABG). Following a six-day trial, the jury found that ABG had committed willful infringement and awarded Gaffney maximum statutory damages.
• StemExpress, a life sciences company, against a former sales employee and her new employer, who were accused of committing trade secret misappropriation.

*Denotes prior firm experience

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