J. Michael Jakes
Mike Jakes concentrates his practice on patent litigation and related counseling. He serves as lead counsel 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, having argued more than 30 appeals and prepared and filed briefs in many more. Since 1993, he has served as coauthor of Court of Appeals for the Federal Circuit: Practice & Procedure, published by LexisNexis. He is a former member of the Federal Circuit's Advisory Council and previously led the firm’s appellate section.
Mr. Jakes has been described in Chambers USA as "one of the most talented patent lawyers out there," "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." He 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.
- Bilski v. Kappos (S. Ct.). As lead counsel, argued for the petitioners in landmark case on patentability of business method patents.
- Cox Communications v. Sprint Communication Co. (Fed. Cir.). Obtained reversal of invalidity for indefiniteness of six Sprint patents on voice-over-IP technology.
- Howmedica Osteonics v. Zimmer (Fed. Cir.). Represented Zimmer in appeal from summary judgment of no infringement of patent for socket assembly used in prosthetic hip implants; summary judgment affirmed, including no infringement under doctrine of equivalents (selected as 2016 Impact Case of the Year by LMG Life Sciences).
- Zoll Medical v. Respironics (D. Del.). Defended Respironics against claim for infringing Zoll's patent on collection and transmission of data from wearable medical device; stipulated judgment of no infringement entered after favorable claim construction.
- PPC Broadband v. Corning Optical Communications (Fed. Cir.). In two consolidated appeals from five IPR proceedings finding all claims of patents on coaxial cable connectors unpatentable, Federal Circuit vacated and remanded PTAB's decisions in favor of patent owner.
- In re POSCO (Fed. Cir.). Represented POSCO on petition for writ of mandamus, which the Federal Circuit granted, vacating a district court's order permitting use of POSCO's highly confidential and trade secret U.S. discovery materials in foreign litigations.
- Interval Licensing v. AOL (Fed. Cir.). Defended AOL (and argued for all co-defendants) in appeal from summary judgment of invalidity for claim indefiniteness, which Federal Circuit affirmed.
- Koninklijke Philips v. Zoll Medical (D. Mass., Fed. Cir.). Won jury verdict for patent owner Philips that Zoll infringed multiple patents on automated external defibrillators (AEDs), which Federal Circuit upheld on appeal.
- Zoll Lifecor v. Koninklijke Philips Electronics (PTAB, Fed. Cir., S. Ct.). Defended patent owner Philips before PTAB, which denied institution of inter partes review (IPR) of eight patents on automated external defibrillators (AEDs); on appeal, Federal Circuit dismissed all eight of Zoll'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 its patent on valve assembly for surgical trocars was infringed.
- Law clerk to the Honorable Giles S. Rich, Federal Circuit, 1986–1988.
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- Recognized as a leader in intellectual property law by Chambers USA, 2007–2016.
- Recognized as a leading patent litigator in the D.C. area, 2011–2016; and nationally before the Federal Circuit by Intellectual Asset Management, 2011–2016.
- Recognized as an "IP Star" in Washington, D.C., by Managing Intellectual Property, 2013–2016.
- Listed as an Intellectual Property: Life Sciences Star in LMG Life Sciences, 2013–2016.
- Ranked among top U.S. patent lawyers in Legal Media Group's Guide to the World's Leading Patent Law Practitioners since 2015.
- Named by Best Lawyers® as D.C.'s Patent Litigation "Lawyer of the Year," 2015; selected by his peers for inclusion in The Best Lawyers in America® since 2006; and for patent litigation, 2011-2017.
- Named one of the top ten business litigators in D.C. by Legal Times, 2007.
- Additional publication recognitions include: The Guide to America's Leading Litigation Firms and Attorneys, Super Lawyers, World IP Review, The American Lawyer, and Washingtonian Magazine.
- U.S. Court of Appeals for the Federal Circuit (Advisory Council, 2008–2012)
- Intellectual Property Owners Association (Amicus Committee, 2011–present)
- American Bar Association, Intellectual Property Law Section (chair, Antitrust Committee 1998–1999; chair, Amicus Briefs Committee, 1995–1998, and member, 2009–present)