Overview

Jason Linger is an associate in the Intellectual Property Department. His practice spans all forms of intellectual property litigation, including patent, copyright, trademark and trade secrets.

In his patent litigation practice, Jason handles pre-suit diligence to trial and appeal. He is well versed in both federal court and inter partes review (IPR) proceedings before the United States Patent and Trademark Office (USPTO). Jason’s experience includes briefing and arguing successful motions in federal court, including claim construction and a summary judgment motion. He has also presented IPR oral arguments, taken fact and expert depositions, drafted expert reports and cross-examined a key fact witness at trial.

Jason is also involved in several trademark and copyright litigations, including the representation of photographers in copyright infringement cases. As part of his trademark work, Jason was part of a team that secured a landmark precedential decision in the U.S. Court of Appeals for the Ninth Circuit on an issue involving jurisdiction over foreign companies.

Jason has extensive experience in:

  • Patent litigation through trial and appeal
  • IPR proceedings
  • Trademark and copyright litigation
  • Trade secrets litigation

Jason earned his J.D. from UCLA School of Law, where he served as managing articles editor for the Journal of Law and Technology, and his B.S., magna cum laude, in industrial and systems engineering from The Ohio State University. At UCLA, he was a research assistant for several law professors and worked in the intellectual property content protection group of a major Hollywood studio. As an undergraduate, Jason conducted cardiovascular research in a biomedical engineering lab and worked at an automobile manufacturing plant.

Results

Jason’s notable experience includes his representation of:

  • An early pioneer of Find My Device technology in a patent infringement action against LG Electronics in the Western District of Texas. Defeated a summary judgment motion of invalidity brought by LG by persuading the court to apply a novel theory of IPR estoppel. Presented and won arguments at a Markman claim construction hearing and secured reconsideration on the issue of pre-suit damages.
  • A mobile payment company that holds over 60 patents in IPRs filed by Samsung against eight patents in the mobile payment and non-browser-based app space. Filed Patent Owner Preliminary Responses in each IPR, and the PTAB agreed and declined to institute any of the IPRs on the merits. In related district court action, defeated Samsung’s efforts to hold the patents ineligible under Section 101.
  • Ayla, a San Francisco-based cosmetics and beauty boutique, in winning a landmark decision in the Ninth Circuit on the issue of personal jurisdiction over foreign companies.*
  • Jeffrey Sedlik, a world-renowned, award-winning professional photographer, in a case involving the unlicensed use of his copyrighted photographic portrait of world-famous jazz musician Miles Davis by tattooist Kat Von D of “Miami Ink” and “LA Ink.” Glaser Weil successfully convinced the court to grant reconsideration and hold that the tattoo inked by Von D did not make transformative use of Sedlik’s photograph of Davis.
  • Michael Gaffney, Muhammad Ali’s personal photographer, as the plaintiff in a copyright infringement case against Authentic Brands Group LLC.
  • StemExpress, a life sciences company, against a former sales employee and her new employer, who were accused of committing trade secret misappropriation.

*Denotes prior firm experience

Education

University of California, Los Angeles School of Law, J.D.

The Ohio State University, B.S., Industrial and Systems Engineering, magna cum laude

Admissions

  • California
  • USPTO
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