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James Gagen is a litigator whose practice focuses on intellectual property litigation in federal courts and in the United States International Trade Commission. Mr. Gagen was part of a trial team that obtained a complete defense jury verdict of non-infringement and invalidity of all asserted claims in Texas in 2013, and a complete defense verdict of invalidity or non-infringement of all five asserted patents in the USITC in 2011, affirmed by the Federal Circuit in 2013. In 2015, Mr. Gagen led a team of lawyers and experts in a trade secret misappropriation investigation at the USITC, and obtained a default judgment for White & Case's client on the basis of a forensic computer inspection. His background in patent litigation covers a number of technologies such as liquid crystal displays, thin film transistors, and software.
Mr. Gagen also has experience in competition law, having represented clients in matters before the US Department of Justice and the Federal Trade Commission. He concentrates in e-discovery law and regularly presents on e-discovery best practices.
Obtained default judgment on claims of trade secret misappropriation for stainless steel manufacturer in Section 337 investigation on the basis of a forensic inspection of computers.
Walker Digital, LLC v. Google Inc., et al. Obtained summary judgment of invalidity of all asserted claims of both patents on behalf of Google after all other defendants settled in patent litigation involving social networking systems, as well as award of all requested costs.
American Imaging Services, Inc. v. Autodesk, Inc. Obtained complete defense jury verdict of non-infringement and invalidity for Autodesk in patent litigation involving CAD software.
In the Matter of Certain Liquid Crystal Display Devices, Including Monitors, Televisions, and Modules, and Components Thereof Obtained Final Determination of non-infringement or invalidity as to all five asserted patents on behalf of Respondents Chimei InnoLux, InnoLux, and Chi Mei Optoelectronics USA in Section 337 Investigation involving LCD products, affirmed by Federal Circuit on appeal.