Jason Gonder is an associate in the Intellectual Property Litigation Practice Group in the Silicon Valley office of Haynes and Boone. He represents clients in intellectual property law including patent litigation, trade secret litigation, trademark and trade dress litigation and enforcement, 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 is well versed in the impact of the Internet and social media on intellectual property rights. Jason also represents clients in all areas of general commercial litigation.
Jason has represented clients in a wide array of industries, including the semiconductor, software, Internet, telecommunications, electronics, financial, insurance, sports and sporting goods, fashion, automotive, nutraceutical, and food and beverage industries, in IP litigation in federal courts in California, New York, Illinois, Texas, Pennsylvania, Nevada, North Carolina, the District of Columbia, Oregon, 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.
Jason was selected for inclusion in Northern California Super Lawyers, Rising Stars edition, 2012-2014.
- 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 DC-DC Controllers and Products Containing Same (ITC). Represented respondent in enforcement proceeding.
- 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.
Speeches and Publications
- "In Practice: Judges Want Damages Early," The Recorder, Essential California Legal Content, July 2, 2013.
- "New Facebook Notification: 'You've Been Served,'" Law360, April 2, 2013.
- "Litigating IP Cases in an Alternate Universe (the U.S. International Trade Commission)," Berkeley Center for Law & Technology/Berkeley Technology Law Journal Speaker Series (January 10, 2013).
- Santa Clara University School of Law, Judge for Patent Litigation Moot Court (April 16, 2012).
- "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.
07/02/2013 - The Recorder Guest Article: In Practice: Judges Want Damages Early
Two Northern California judges have required patent plaintiffs to provide detailed pre-discovery damages calculations. A dramatic shift from the common practice in patent cases, this could spur early resolution.
04/02/2013 - Law360 Guest Article: New Facebook Notification: 'You've Been Served'
In March, a bill was introduced in the Texas legislature that would permit Texas state courts to authorize service of legal process via social media. Just a few days later, a U.S. district court in New York ordered that the plaintiff may serve documents, other than the summons and complaint, on defendants located abroad via email and social media. FTC v. PCCare247 Inc., No. 12-CIV-7189 (PAE) (S.D.N.Y. Mar. 7, 2013).
09/24/2012 - Guest Article in Law360: Courts Atwitter With Juror Social Media Use
With the ubiquity of social media and mobile devices, how do you prevent jurors from improperly using social media during trial? For many judges, the answer is simple: You admonish them early and often.
07/24/2012 - The Litigation Newsletter of Haynes and Boone, LLP
Whether by summary disposition, unanimous jury verdicts, arbitration proceedings or appeals, Haynes and Boone, LLP trial lawyers in New York, Dallas, Fort Worth, Houston and Silicon Valley are securing winning results for our clients across the nation.
05/07/2010 - The IP Beacon, May 2010
A Haynes and Boone Newsletter highlighting current issues in Intellectual Property Law.
05/04/2010 - HP v. Acceleron: Staring up the Patent Infringement Gun Barrel Without Risking Your Company’s Life