Jason Gonder is an associate in the Intellectual Property Practice Group in the Silicon Valley office of Haynes and Boone. He represents clients in intellectual property law including trademark and trade dress litigation and enforcement, patent litigation, trade secret litigation, general commercial litigation, trademark opposition and cancellation proceedings in the Patent and Trademark Office, prosecution of trademark applications, trademark clearance, copyright litigation, domain name disputes, intellectual property due diligence investigations, and intellectual property counseling and strategic planning. Jason has represented clients in a wide array of industries in federal courts in California, New York, Illinois, Texas, Pennsylvania, Nevada, North Carolina, the District of Columbia, and Georgia, in state courts in California and New York, and in the International Trade Commission, and has participated in appeals before the U.S. Courts of Appeals for the Federal, Second, and Eleventh Circuits and the California Court of Appeals.
Representative Experience
- Cambro Manufacturing Co. v. Win-Holt Equipment Corp. (C.D. Cal.). Represented plaintiff in design patent infringement suit relating to restaurant and catering equipment.
- Chicago Board Options Exchange, Inc. v. International Securities Exchange, LLC (N.D. Ill.). Represented defendant in patent infringement suit relating to a securities trading system.
- Crank Brothers, Inc. v. Easton-Bell Sports, Inc., et al. (C.D. Cal.). Represented plaintiff in patent infringement suit relating to bicycle tire pumps.
- In re Certain Underground Cable and Pipe Locators (ITC). Represented respondents in patent investigation relating to cable and pipe locators.
- MetLife, Inc. v. Metropolitan National Bank (S.D.N.Y.). Represented plaintiff in trademark infringement suit relating to banking.
- Passport Health, Inc. v. Travel Med, Inc., et al. (E.D. Cal.). Represented plaintiff in franchise dispute.
- Papyrus Technology Corporation v. New York Stock Exchange LLC (S.D.N.Y.). Represented defendant in patent infringement suit relating to handheld securities trading devices.
- PageBites, Inc. v. IMOController.com, et al. (N.D. Cal.). Represented plaintiff in trademark infringement suit relating to an iPhone app.
- Research In Motion Limited v. BackOffice Associates, Inc., et al. (N.D. Tex.). Represented plaintiff in trademark infringement suit relating to handheld electronic devices.
- Research In Motion Limited v. Sakar International, Inc. (N.D. Tex.). Represented plaintiff in trademark infringement suit relating to handheld electronic devices.
- Research In Motion Limited v. Samsung Telecommunications America LP, et al. (C.D. Cal.). Represented plaintiff in trademark infringement suit relating to handheld electronic devices.
- Zylotrim, LLC v. Superbalife International, LLC (S.D. Cal.). Represented plaintiff in trademark infringement suit relating to nutraceuticals.
Publications
- "Risky Business: Due Diligence Always Uncovers Something Awry. But How Can You Tell What's Material or Not When It Comes to IP?" The Deal (Nov. 13, 2006).
- "Intellectual Property/Risky Business: Assessing Materiality in IP Due Diligence," 10 Journal of Biolaw and Business, Vol. 10, No. 2 (2007).
- "HP v. Acceleron: Companies No Longer Have to Bet the Farm When Facing Possible Infringement Suits," new matter (Official Publication of the Intellectual Property Law Section of the State Bar of California), Vol. 35, No. 3 (2010).
Selected Representative Experience
Passport Health, Inc. v. Travel Med, Inc. and Gina Flaharty (E.D. California - Sacramento, 2011)
Represented franchisor in breach of contract and trademark infringement suit against a franchisee who terminated its agreement. All of the franchisee's claims were dismissed by the court. The court also granted the injunction sought by the franchisor. Following a bench trial on the franchisor's damage claims, the franchisor was awarded more than $400,000 in damages and lost profits and recovery of its attorney's fees.