Jonathan J. Fagan
Associate
Jonathan Fagan focuses on intellectual property litigation, licensing, and client counseling in a wide variety of technologies. He represents clients at both trial and appellate levels and knows how to keep the big picture in mind while immersed in the case details. He enjoys working closely with clients to understand their needs and develop effective business and legal strategies.
Experience
Certain Road Construction Machines and Components Thereof
337-TA-1088, ITC, Judge Lord
Nissei ASB Co., et al. v. R&D Tool & Engineering Co.
Successfully represented Nissei ASB in a patent infringement, breach of contract, tortious interference with business relations, and trade secret misappropriation litigation related to blow mold machines used to manufacture containers for consumer product packaging.
4:19-cv-00042, W.D. Mo., Judge Kays
Carrum Technologies, LLC v. BMW of North America, LLC, et al.
Obtained complete victory against Carrum on appeal of the District of Delaware’s claim construction to the Federal Circuit following Carrum’s stipulation of non-infringement under the claim construction, thereby exonerating BMW’s ACC system, first sold in 2000, against Carrum’s 2004 patents. Invalidated several asserted claims through post-grant efforts before the U.S. Patent Office, including IPRs and EPRs, and pursued claims through proceedings before the Eastern District of Virginia to vindicate BMW’s patent challenges.
1:18-cv-01645, D. Del., Judge Andrews
21-1435, 24-1480, Fed. Cir., Judges Clevenger, Cunningham, Lourie, Moore, Prost, Taranto
IPR2019-00902, -00903, -00904, -00905, -00927, 00928, PTAB, Judges Browne, Scanlon, Tornquist
90/019,010, CRU
Insights
Articles
ITC Basics: What Makes the ITC a Unique and Desirable Forum
September/October 2019
IP LitigatorFederal Circuit IP Blog
Infringement Enforcement Letters Can Subject Sender to DJ Jurisdiction and Venue
December 19, 2018
Articles
How Recent Appellate Decisions Have Changed the Landscape of Privilege Waiver
May/June 2017
IP LitigatorNews
Press Release
Seven-Year Legal Battle Concludes with BMW’s Victory Over Carrum Technologies
October 15, 2025
Professional Activities
- International Trade Commission Trial Lawyers' Association
(2019-present)
Admissions
- Ohio
- District of Columbia
- Virginia
- U.S. District Court, N.D. Ohio
- U.S. District Court, S.D. Ohio
- U.S. District Court, E.D. Virginia
- U.S. Court of Appeals, Second Circuit
- U.S. Court of Appeals, Federal Circuit
Education
- Case Western Reserve Law School
- J.D., magna cum laude, 2016
- Pensacola Christian College
- B.S., Mechanical Engineering, 2012
Jonathan's Practices
- Appeals, Issues, and Legal Strategy
- Federal Circuit and Supreme Court Appeals
- Global IP Enforcement, Litigation, and Trials
- Copyright
- Counterfeiting/Gray Market Goods
- Federal Circuit and Supreme Court Appeals
- ITC Section 337 Investigations and Trials
- Patent Litigation and Trials
- Pretrial Strategies
- Trade Secrets
- Trademark Litigation and Trials
- Patent Office Invalidation Proceedings
- PTAB Invalidation Proceedings: IPR and PGR
- Prosecution and Portfolio Management
- Counterfeiting/Gray Market Goods
- Due Diligence
- IP Portfolio Management
- Opinions and Counseling
- Trade Secrets
Jonathan's Industries
- AI, Electronics, and Information Technology
- Electrical and Computer Technology
- Electronic Devices and Components
- Chemicals, Industrials, and Materials
- Manufacturing
- Communications
- Financial Services and Business Systems
- Consumer Goods and Services
- Consumer Products
- Food and Beverage
- Hospitality, Gaming, and Leisure
- Gaming
- Sports, Fitness, and Outdoor Recreation
- Life Sciences
- Medical Device and Diagnostics
- Transportation and Logistics
- Aerospace, Aviation, and Unmanned Aerial Systems (UAS)
- Automotive and Smart Mobility Tech