J. Michael Jakes
Mike Jakes has broad experience in all aspects of patent law, concentrating his practice on patent litigation and related counseling. He has been lead counsel on many patent cases, including trials in federal district courts and the U.S. International Trade Commission (ITC), and before arbitration panels. Mr. Jakes deals mainly with computer, electronics, semiconductor, software, and medical device technologies.
Mr. Jakes has vast experience at the U.S. Court of Appeals for the Federal Circuit, where he has argued more than 30 appeals and prepared and filed briefs in many more. He is a former member of the Federal Circuit’s Advisory Council and previously led the firm’s appellate section.
Mr. Jakes has served as both a special master and technical advisor to various U.S. district courts, assisting with claim construction and summary judgment motions on patents covering a wide variety of subjects, ranging from electronic ballasts for fluorescent lighting to pagers and cell phones, optical networks, mass storage devices, and steel wall systems.
A frequent lecturer on patent law, he has also taught university courses on patent law and appeals. Since 1993, he has served as coauthor of Matthew Bender's Court of Appeals for the Federal Circuit: Practice & Procedure.
- Bilski v. Kappos (S. Ct.). As lead counsel, argued for the petitioners in landmark case on patentability of business method patents.
- Interval Licensing v. AOL (Fed. Cir.). Defended AOL (and argued for all
co-defendants, including Apple, Google, and Yahoo!) in appeal from summary judgment of invalidity for claim indefiniteness, which Federal Circuit affirmed.
- Koninklijke Philips v. Zoll Medical (D. Mass.). Won jury verdict for patent owner Philips that Zoll Medical infringed five pioneering patents on automated external defibrillators (AEDs).
- Zoll Lifecor v. Koninklijke Philips Electronics (PTAB, Fed. Cir., S. Ct.). Defended patent owner Philips before Patent Trial and Appeal Board (PTAB), which denied institution of inter partes review (IPR) of eight Philips patents on automated external defibrillators (AEDs); on appeal, Federal Circuit dismissed all eight of Zoll Lifecor's appeals, and Supreme Court denied cert.
- Tyco Healthcare v. Applied Medical Resources (Fed. Cir.). Obtained affirmance of jury verdict for Covidien (formerly Tyco Healthcare) that Applied Medical infringed Covidien's patent on valve assembly for surgical trocars.
- Applied Medical Resources v. Tyco Healthcare (Fed. Cir.) Represented defendant-appellee Covidien (formerly Tyco Healthcare) in appeal from summary judgment of no infringement of Applied's patent for trocar seal; Federal Circuit affirmed, finding Covidien did not infringe under the doctrine of equivalents.
- Law clerk to the Honorable Giles S. Rich, Federal Circuit, 1986-1988.
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- Selected by his peers for inclusion in The Best Lawyers in America, 2005-2016; named "Lawyer of the Year" for Patent Litigation in Washington, D.C., 2015.
- Recognized as a leader in intellectual property law in Chambers USA, which described him as "one of the most talented patent lawyers out there," and "an exceptionally talented litigator who is picked by clients when hundreds of millions are at stake," and "one of the premier appellate litigators for cases involving electronics and medical devices," 2007-2015.
- Recognized as a leading appellate practitioner in the Federal Circuit in Benchmark: Appellate, The Guide to America's Leading Litigation Firms and Attorneys, 2011, 2013.
- Named one of the top ten business litigators in D.C. by Legal Times, 2007.
- Featured in The American Lawyer as part of the IP Litigation Department of the Year, 2006, 2012.
- Recognized as a leading patent litigator in the D.C. area, 2011-2015; and before the Federal Circuit by Intellectual Asset Management, 2011-2015.
- Recognized as an "IP Star" in Washington, D.C., by Managing Intellectual Property, 2013-2015.
- Listed as an Intellectual Property: Life Sciences Star in LMG Life Sciences, 2013-2014.
- Named a top "IP Lawyer" by Washingtonian Magazine, 2009, 2011, 2013, 2014.
- Recognized as a Washington, D.C. "Super Lawyer" in Intellectual Property Litigation, Super Lawyers, 2009-2015.
- U.S. Court of Appeals for the Federal Circuit (Advisory Council,
- Intellectual Property Owners Association (Amicus Committee,
- American Intellectual Property Law Association (Amicus Committee,
1997-2001, 2005-2009; Special Committee on Patent Jury Trials,
1995-1997; chair, Awards Committee, 1992-1994)
- Federal Circuit Bar Association (chair, Patent Litigation Committee,
- American Bar Association, Intellectual Property Law Section (chair, Antitrust Committee 1998-1999; chair, Amicus Briefs Committee, 1995-1998, and member, 2009-present)
- Giles S. Rich Moot Court Competition (national director, 1989-1991)