James L. Davis, Jr.

Jim Davis is a partner in the Intellectual Property Practice Group in the firm's Silicon Valley office.

Areas of Practice

Jim litigates high stakes intellectual property disputes serving as lead counsel in district court, ITC, Federal Circuit, and USPTO proceedings.

In district courts across the country as well as the ITC, Jim represents intellectual property owners and challengers in matters spanning a broad range of technologies including semiconductors, analog circuits, wireless technology (including standard essential patents (SEPs)), consumer electronics, network security, and medical devices. Recently, Jim led a team to a favorable resolution in the Eastern District of Texas following dispositive motions after winning multiple issues before the court as well as institution of IPRs against all asserted claims—which included claims from five alleged SEPs. In Delaware Chancery, Jim’s team successfully resolved two accelerated matters relating to breach of contract allegations after reaching trial. Before the ITC, Jim and his team won findings of non-infringement and invalidity in a four-patent investigation relating to mesh networks.

Jim has argued and litigated multiple precedent-setting matters before the Federal Circuit, including issues related to claim construction, certificates of correction, and covered business method proceedings, among other issues. In multiple recent appeals, Jim has obtained findings of vacatur and reversal before the court.

As one of the most active PTAB practitioners in the country, Jim has litigated over 250 post-grant proceedings, including inter partes reviews as well as ex parte reexaminations. Notably, Jim led the strategy that resulted in the Federal Circuit’s precedential decision concerning obviousness-type double patenting in In re Cellect.

Jim also advises clients concerning intellectual property strategies, including acquisitions, enforcement, due diligence, and licensing. As many of his matters involve litigation in jurisdictions around the world, Jim also coordinates global litigation strategies and disputes.

Experience

• A Leading Global Consumer Electronics Company (PTAB, USPTO, CAFC, SCOTUS): Invalidated all challenged claims in multiple inter partes reviews and ex parte reexaminations concerning 11 patents relating to image sensors.
• A Global Technology, Software and Engineering Innovation Company (ITC, NDGA, D. Del., N.D. Tex., PTAB, CAFC, SCOTUS, Mannheim Regional Court, EPO): Won every case and appeal that reached a final decision across over 20 separate proceedings, as part of a multi-jurisdictional dispute concerning mesh networking technology.
• A Korean Consumer Electronics Company (EDTX, PTAB): Successfully resolved a seven-patent case involving alleged cellular SEPs after the parties filed dispositive motions and the PTAB instituted IPRs against all claims asserted in the case. 
• The Leading U.S. Consumer Electronics Company (CAFC): Obtained affirmances as lead counsel in four appeals before the Federal Circuit in matters relating to beacon technology.
• A Leading American Retail Corporation (M.D. Fl., PTAB, CAFC): Defended against the assertion of nine patents against the client’s app and in-store Bluetooth beacon technology. After invalidating over 100 of the asserted claims before the PTAB and winning reversal and vacatur of the PTAB’s only adverse findings before the Federal Circuit, the plaintiff dismissed its claims with prejudice.
• The Leading U.S. Consumer Electronics Company (CAFC): Serving as lead counsel in three appeals before the Federal Circuit in matters relating to e-payment technology.
• The Largest Enterprise Resource Planning Software Company (NDCA, PTAB, CAFC): Representing the client in a multi-patent suit to database, user interface, and website generation technology.
• A Global Content Delivery Network, Cybersecurity, and Cloud Service Company (D. Del., PTAB, USPTO): Defending the company against allegations of infringement concerning three patents relating to media delivery, and in enforcing the company’s patent against an entity related to the plaintiff.
• A Leading Audio Electronics Company (PTAB): Successfully resolved a dispute after filing ten IPRs challenging patents relating to audio processing. 
• A Leading Climate Control Company (WDTX, EDMO, PTAB): Obtained dismissal of a two-patent case relating to thermostat devices after successfully transferring the case to E.D. Mo. from W.D. Tex., obtaining a stay, and winning two IPRs challenging all asserted claims.
• A Leading Networking Company (EDTX): Successfully resolved a dispute involving six patents related to mesh networking.
• A Global Technology, Software and Engineering Innovation Company (D. Del.): Resolved the matter after successfully moving to dismiss breach of contract and other related allegations concerning trademarks in the US and China due to plaintiff’s failure to state a claim and international comity relating to co-pending litigation in China.
• A Global Leader in Medical Technology, Services, and Solutions (PTAB, CAFC): Represented the company in multiple IPRs and appeals relating to trans-catheter replacement heart valves.
• A Global Technology, Software and Engineering Innovation Company (NDCA): Successfully resolved a matter relating to alleged trade secret misappropriation concerning data center construction following remand after a successful appeal.
• A Global Technology, Software and Engineering Innovation Company (D. Del., ITC): Obtained withdrawal of an ITC complaint relating to five patents concerning smart thermostats.

• A Leading Global Consumer Electronics Company (PTAB, CAFC): Represented the client in multiple inter partes review proceedings and appeals where all challenged claims spanning four patents related to touchscreen technology were found unpatentable.

• Multiple Leading Gaming Companies (PTAB, CAFC): Successfully represented three global computer gaming companies in IPR challenges and appeals relating to patents concerning broadcasting information in computer networks.

• A Cloud-based Email Migration Company (WDWA): Defeated motion for preliminary injunction and successfully resolved matter after order denying the injunction required plaintiff to show cause why the asserted claims were not invalid under §101.

• A Global Semiconductor Company (ITC, NDCA, EDVA, PTAB): Trial counsel in a large set of multi-patent cases related to flash memory technology, which involved multiple ITC investigations and district court proceedings as well as IPRs. The dispute was successfully settled.

• The Leading U.S. Consumer Electronics Company and two Film Studios (NDIL, NDCA): Successfully resolved a patent infringement action involving electronic distribution of pre-theatrical release movies after winning a motion to transfer to the Northern District of California.
• A Leading Global Provider of Information and Communications Technology Infrastructure and Smart Devices (PTAB): Obtained denials of institution regarding four IPRs filed by a competitor relating to optical networking standards.
• A Global Content Delivery Network, Cybersecurity, and Cloud Service Company (NDIL): Successfully obtained a dismissal prior to service.
• A Leading Global Provider of Information and Communications Technology Infrastructure and Smart Devices (EDTX, D. Del., PTAB): Successfully obtained dismissal without prejudice of a multi-patent and multi-jurisdiction dispute relating to networking, LTE, and Power-Over-Ethernet technologies.
• A Global Leader in Medical Technology, Services, and Solutions (PTAB): Defended patents relating to controlled stent-graft deployment systems and medical devices formed from stress-induced martensite alloy elements.
• A Global Leader in Medical Technology, Services, and Solutions (D. Del.): Successfully defended and resolved a multi-patent litigation related to pill cameras used for endoscopy.
• The Leading U.S. Consumer Electronics Company (PTAB): Won multiple covered business method reviews challenging litigated patents relating to storing and paying for data.
• A Major Medical Device Company (EDPA, PTAB): Successfully resolved a dispute involving spine pedicle screws after filing an IPR petition.
• A Leading Medical Device and Pharmaceutical Company (DNJ, CAFC, USPTO): Represented the company in two multi-patent actions relating to drug-eluting stent systems by successfully securing summary judgment of invalidity on all asserted claims, which led to a precedent-setting decision on appeal affirming the win.

Honors

• America’s Leading Lawyers for Business, Chambers USA, 2025
• Top Intellectual Property Lawyers in California, Daily Journal, 2019-2023, 2025
• The Legal 500, 2024
• The World’s Leading Patent Professionals, IAM Patent 1000, 2022-2025
• Rising Star in Intellectual Property Litigation, Northern California Super Lawyers, 2016-2020
• Rising Star in Intellectual Property Litigation, Illinois Super Lawyers, 2012-2015

Articles

• Co-author, “Can AI Keep a Secret,” Daily Journal, May 17, 2023
• Co-author, “A new era at the PTAB? Director Vidal issues new guidance on discretionary denials of institution,” Westlaw Today, July 22, 2022

Media Mentions

Speaking Engagements

• Speaker, “Fighting Fire with Fire: Effectively Using Motions, Discovery & Experts to Make Your Case,” IP Watchdog PTAB Masters Symposium, January 24-27, 2022
• Speaker, “Exploring the Exercise of Discretionary Denial and Other New Developments in Parallel Proceedings at the ITC and PTAB,” ACI’s Practitioners' Think Tank on ITC Litigation and Enforcement, July 27, 2021
• Speaker, “Patent Infringement Litigation and Damage Calculation Practice,” 2020 Korea IP Summer Forum, August 27, 2020

Memberships

American Bar Association