Overview

James Fazio is special counsel in the Intellectual Property Practice Group in the firm's San Diego (Del Mar) office.

Areas of Practice

James focuses on intellectual property and business litigation. He represents public and private companies in disputes such as those involving patent and trademark infringement, theft of trade secrets, fraud, breach of contract, unfair competition, false advertising and various business tort claims. James has more than 24 years of litigation experience and was selected by his peers among the top ten intellectual property litigators in San Diego in 2010, 2011 and 2014 by The San Diego Daily Transcript.

James represents clients in technologies that include telecommunications, computer hardware and software, database management, semiconductors and chip design, medical devices, biometrics, business methods, e-commerce and wireless technologies, among others. He often defends major companies against large class action lawsuits, including those alleging securities fraud and false advertising, stockholder derivative suits and investigations by the U.S. Securities and Exchange Commission.

James is a former Assistant U.S. Attorney for the Southern District of California. While serving as a federal prosecutor, he tried nearly a dozen federal jury cases to verdict and argued numerous appeals before the Ninth Circuit Court of Appeals. 

James regularly lectures and writes extensively on various legal topics. He previously authored and co-authored more than a dozen legal articles in various publications, including IP Today, The Recorder, The FBA Newsletter, The Federal Lawyer, California Lawyer, The San Diego Daily Transcript, and The National Law Journal.

Experience

Experience

Representative Matters

  • Recovered millions of dollars for a public wireless company in multiple complex breach of contract matters, obtaining monetary recoveries nearly 20 times the attorney fees expended
  • Successfully represented a document camera company in the enforcement of multiple patents against several competitors in an ITC investigation and parallel district court cases, obtaining a consent order against one respondent, a default against a second respondent and a lucrative settlement with running royalties against a third respondent
  • Obtained a seven-figure settlement for an entertainment company client in a complex case involving computer hacking and related claims on the eve of trial
  • Obtained numerous lucrative settlements for a public company client in several multi-patent infringement actions involving multi-modal biometric technology
  • Obtained a lucrative settlement for an e-commerce and risk management client in a complex case involving theft of computer code and unfair competition after taking over the case from prior counsel
  • Won monetary sanctions against opposing counsel in a four-patent infringement case involving copy prevention technology, prompting an immediate and highly favorable settlement for our client
  • Successfully negotiated the dismissal of a breach-of-contract case for a global internet security company client shortly after filing a motion for sanctions against the plaintiff
  • Successfully defended an international shoe and apparel company in a trademark infringement action and reached a settlement that did not require payment of any monies to the plaintiff
  • Successfully defended an international solar tubing business in a bet-the-company lawsuit, obtaining a dismissal of the case less than four months after filing
  • Won a motion to sever and transfer a patent case for a global travel, real estate and hospitality company, resulting in a prompt and highly favorable settlement
  • Successfully defended several public computer companies in securities fraud class action lawsuits and parallel investigations by the Securities and Exchange Commission (SEC), obtaining dismissals of the district court cases and no-action letters from the SEC

Honors

Honors

Recognized as one of the Top 10 Intellectual Property Litigators in San Diego by The Daily Transcript, 2010, 2011 and 2014

Insights

Articles

  • "Leon Stambler Stumbles But Has Not Given Up: An Overview of Leon Stambler’s Patent Enforcement Battles," IP Today, January 2009
  • "Beware Foreign Defendants: You May Be Liable for Patent Infringement Even Without Conducting Any Business in the United States," IP New Matter, Vol. 32, No. 4, 2007
  • "Choosing Your Turf: An Overview of Venue in Patent Cases," IP Today, October 2006
  • "Be Careful Patent Holders: The Presumption of Market Power in Patent-Tying Cases," IP Newsletter, 2005
  • "Changing the Game," The Recorder, June 8, 2005
  • "The PROTECT Act: A Brief Overview of its Effect on the Federal Sentencing Guidelines," FBA Newsletter, Spring 2004
  • "When Mandatory Arbitration Isn’t Mandatory," California Lawyer, November 2003
  • "The Motive and Opportunity Test for Pleading Scienter Under the Federal Securities Laws: Where Is It Now?" The Federal Lawyer, May 2003
  • "Safe Harbor for Securities Fraud Defendants," California Lawyer, October 2000
  • "In re Silicon Graphics Makes It Tough for Securities Class Action Plaintiffs," California Lawyer, December 1999
  • "Raising the Bar," The San Diego Daily Transcript, August 3, 1999
  • "Whistleblowers Given More Time," The National Law Journal, November 4, 1996

Intellectual Property Law Blog Posts

Speaking Engagements

  • “Becoming an IP Lawyer,” Whittier Law School, March 2006

Education

J.D., Syracuse University, 1995, cum laude, editor, Syracuse Law Review

M.A.S., University of California, San Diego, 2010

B.A., Colgate University, 1991

Clerkships

  • Extern, Chief Bankruptcy Judge Stephen D. Gerling of the U.S. Bankruptcy Court for the Northern District of New York, 1994

Admissions

  • California
  • U.S. District Court for the Southern District of California
  • U.S. District Court for the Northern District of California
  • U.S. District Court for the Eastern District of California
  • U.S. District Court for the Central District of California
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. Court of Appeals for the Federal Circuit
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