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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, and Mr. Gagen has recently handled major trade secret misappropriation matters in both venues. In 2015, Mr. Gagen led a team of lawyers and experts in a trade secret misappropriation investigation at the USITC following criminal trials in Italy, and obtained a default judgment for White & Case's client on the basis of a forensic computer inspection. As a result, the USITC banned the respondent's products from importation into the United States for almost 17 years, a determination recently affirmed by the Federal Circuit in September 2017. Mr. Gagen also recently represented a large government contractor in a complex trade secret misappropriation matter in federal district court involving a competitor.
Mr. Gagen has litigated numerous patent matters as well. He 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 before that, a complete defense verdict of invalidity or non-infringement of all five asserted patents for a Taiwanese manufacturer in the USITC in 2011, affirmed by the Federal Circuit in 2013.
Mr. Gagen also has experience in competition and white collar matters, having represented clients in civil antitrust matters, merger investigations before the US Department of Justice, and, most recently, in a large, complex securities investigation before the US Securities and Exchange Commission involving a foreign issuer, which was successfully terminated with no penalties. He concentrates in e-discovery law and regularly presents on e-discovery best practices.
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.
"Investigation of Misappropriation and Use of Trade Secrets under Section 337(a)(1)(A)," Federal Circuit Bar Association Bench & Bar, October 17, 2016.