JonathanR.
DeFosse

Partner
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Jonathan DeFosse

Overview

Jon DeFosse is an intellectual property litigator and counselor who advises clients on patent and trade secret disputes. He believes that credibility, simplicity and pragmatism are the keys to helping clients achieve their goals. Applying those principles, Jon has obtained victories for clients at every stage of litigation, including at trial, on appeal and before the U.S. Patent Trial and Appeal Board.

Jon regularly appears in federal courts nationwide, including the Eastern and Western Districts of Texas, the District of Delaware, and the Northern and Central Districts of California. He also represents clients before the Patent Trial and Appeal Board in post-grant review proceedings.

Jon’s experience includes patent and trade secret cases involving a wide range of technologies, such as semiconductors, automotive systems, video streaming, mobile applications and geolocation systems. Jon successfully litigated a patent and trade secret dispute in a jury trial, obtaining an eight-figure damages award, a permanent injunction and an award of attorneys’ fees on behalf of his client.

Experience

Representative Matters

  • Mercedes-Benz USA LLC in 20 inter partes review (IPR) petitions filed before the Patent Trial and Appeal Board (PTAB) concerning technologies ranging from LED displays to hybrid engines to pattern recognition systems.
  • A major software company in a copyright infringement and licensing dispute in the Southern District of New York.
  • WebMD in a patent infringement suit in the Central District of California concerning online storage of medical records, obtaining summary judgment of invalidity and judgment on the pleadings on behalf of WebMD.
  • Daimler AG and Mercedes-Benz USA LLC in a patent infringement suit in the Northern District of Illinois concerning impairment detection systems, obtaining judgment on the pleadings on behalf of Daimler and Mercedes.
  • A major ride-sharing company in a patent infringement suit in the District of Delaware concerning mobile applications.
  • Primus Telecommunications, Inc. and Lingo, Inc. in a multi-district patent infringement litigation in the District of Delaware concerning Voice over Internet Protocol (VoIP) technology.
  • A major industrial company in an IP licensing arbitration administered by the International Chamber of Commerce.
  • Daimler AG and Mercedes-Benz USA LLC in a patent infringement case in the District of New Jersey concerning the drowsiness detection system in Mercedes vehicles, obtaining summary judgment in favor of Daimler and Mercedes.
  • Nikon Inc. and Nikon Americas Inc. in a patent infringement suit in the District of Delaware concerning image processing technology.
  • A student lending company in a trade dress infringement action in the Southern District of New York.
  • Daimler AG and Mercedes-Benz USA LLC in a patent infringement case in the Central District of California concerning fuel injection technologies for diesel engines, obtaining summary judgment for Daimler and Mercedes.
  • A manufacturer of semi-conductor test probes in a patent infringement litigation in the District of Delaware and a related IPR proceeding before the PTAB.
  • Mercedes-Benz USA LLC and Mercedes-Benz International, Inc. in four related patent infringement suits in the Eastern District of Texas concerning vehicle sensor and safety systems.
  • Mercedes-Benz USA LLC in a patent infringement suit in the Central District of California concerning hybrid vehicles and in-vehicle radar and communications systems.
  • Mercedes-Benz USA LLC in a multi-district patent infringement litigation in the District of Minnesota concerning vehicle tracking and security systems.
  • Mercedes-Benz USA LLC in a patent infringement case in the Eastern District of Texas concerning the operation of microprocessors and wireless encryption systems in Mercedes vehicles.
  • Primus Telecommunications, Inc. in a patent infringement suit in the Eastern District of Texas concerning methods for automatically answering telephone calls and retrieving voice messages.
  • Mercedes-Benz USA LLC in a patent infringement suit in the Eastern District of Texas concerning online encryption technology.
Credentials
Education

J.D., George Washington University, 2002, with highest honors

B.A., University of Toledo, 1999

Admissions

District of Columbia

Virginia

U.S. District Court for the District of Columbia

U.S. District Court for the Eastern District of Virginia

U.S. Court of Appeals for the Federal Circuit

U.S. Court of Appeals for the Fourth Circuit