James P. Gagen

Counsel, Washington, DC

Biography

Overview

James ("Jay") Gagen is an experienced litigator whose practice focuses on intellectual property, international trade, competition and antitrust in federal tribunals around the country.  He has  represented importers seeking relief from tariff remedies imposed under Section 232 and Section 301 as well as complainants and respondents in intellectual property disputes.  

Mr. Gagen has particular expertise in trade secret law.  Notably, he recently led a team of lawyers in an investigation based on trade secret misappropriation at the International Trade Commission and obtained a final determination on behalf of White & Case’s client, affirmed by the Federal Circuit.  As a result, the ITC banned the respondent’s products from importation into the United States for the next 17 years.  He has also handled experts and oral argument in other ITC cases, including a final determination of no liability of all five asserted patents against an LCD manufacturer, affirmed by the Federal Circuit.  

Mr. Gagen has also litigated various patent cases in federal courts across in country.  He was instrumental in procuring a complete defense jury verdict of non-infringement with respect to all accused products and invalidity of all asserted claims on behalf of a software company.  He has also resolved patent disputes in Texas on behalf of computer manufacturers based on licensing and exhaustion.

In addition to his competition and intellectual property practice, Mr. Gagen is also active in White & Case’s pro bono practice, including serving as lead trial counsel in a federal court case on behalf of a pro bono client.  
 

Bars and Courts
District of Columbia Bar
US District Court for the District of Columbia
US District Court for the Eastern District of Texas
US Court of International Trade
US Court of Appeals for the Fourth Circuit
US Court of Appeals for the Federal Circuit
US Supreme Court
Education
JD
University of Wisconsin Law School
BA
University of Notre Dame
Languages
English
Spanish

Experience

In the Matter of Certain Stainless Steel Products. 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.

Speaking Engagements

"Cross-Border Trade Secret Theft & Misappropriation," National Bar Association Judicial Conference, Cape Town, South Africa, February 5, 2020.

"Developments at the PTAB and the ITC" panel, Georgetown-Berkeley Patent Law Conference, November 16, 2018.

"Strategy: Tax Reform and Trade – What You Need to Know About Regulations," AMT’s MTForecast Conference, October 11, 2018.

"Investigation of Misappropriation and Use of Trade Secrets under Section 337(a)(1)(A)," Federal Circuit Bar Association Bench & Bar, October 17, 2016.