Jay F. Utley mainly handles patent litigation, as well as complex commercial and appellate litigation with emphasis in the areas of antitrust and RICO. Before joining Baker & McKenzie, Mr. Utley participated directly in representing fourteen international and national insurers against putative nationwide and statewide classes in eighteen lawsuits in fifteen states involving antitrust, contract, fraud, and RICO claims and more than USD4 billion in damages. Mr. Utley served as senior staff member of the Tulsa Law Journal, a member of the Order of the Curule Chair, and the recipient of numerous distinctions for academic achievement and excellence while attending the University of Tulsa College of Law.
Practice Focus
Mr. Utley is experienced in the resolution of large, commercial disputes. He routinely works on matters involving claims of patent infringement, as well as contract disputes complicated by allegations of price-fixing, exclusive dealing, monopolization, unfair trade practices, racketeering, conspiracy, fraud, or bad faith. He likewise represents clients in proceedings in which the substantive legal issues have been eclipsed by the procedural complexities of multiple parties with multiple cases in multiple federal and state jurisdictions and venues.
Representative Legal Matters
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Safeco Ins. Co. of Am. v. Burr, 551 U.S. 47 (2007)
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Wheeler v. Pilgrim's Pride Corp., 591 F.3d 355 (5th Cir. 2009) (en banc)
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DataTreasury Corp. v. Wells Fargo & Co., 522 F.3d 1368 (Fed. Cir. 2008)
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Reynolds v. Hartford Fin. Servs. Group, Inc., 435 F.3d 1081 (9th Cir.), cert. granted, 127 S. Ct. 36 (2006)
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Belt v. EmCare, Inc., 444 F.3d 403 (5th Cir.), cert. denied, 127 S. Ct. 349 (2006)
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Doe v. United States, 398 F.3d 686 (5th Cir. 2005)
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Hightower v. Kidde-Fenwal, Inc., No. 04-11314, 2005 U.S. App. LEXIS 25101 (5th Cir. Nov. 21, 2005)
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Malone v. Ariba, Inc., No. 03-10834, 2004 U.S. App. LEXIS 10503 (5th Cir. May 27, 2004)
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Watts v. BHP Billiton Petroleum (Americas), Inc., No. 14-05-00480-CV, 2006 Tex. App. LEXIS 8197 (Tex. App.—Houston [14th Dist.] Sept. 19, 2006, pet. denied)
- Coleman v. Klockner & Co. AG,
180 S.W.3d 577 (Tex. App.—Houston [14th Dist.] 2005, pet. denied).
Professional Associations and Memberships
- American Bar Association - Antitrust Law, Intellectual Property Law and Litigation Sections
- American Bar Association - Judicial Division Council of Appellate Lawyers
- Federal Circuit Bar Association
- Bar Association of the Fifth Federal Circuit
- State Bar of Texas - Antitrust/Business Litigation, Appellate, Intellectual Property Law and Litigation Sections
- Dallas Bar Association - Antitrust & Trade Regulation, Appellate, Business Litigation and Intellectual Property Law Sections
Admission
U.S. Court of Appeals, Federal Circuit~United States (2007)
U.S. Court of Appeals, Eleventh Circuit~United States (2006)
U.S. Supreme Court~United States (2005)
U.S. Court of Appeals, Ninth Circuit~United States (2005)
U.S. District Court, Southern District of Texas~United States (2004)
U.S. District Court, Eastern District of Texas~United States (2004)
U.S. Court of Appeals, Fifth Circuit~United States (2003)
U.S. District Court, Western District of Texas~United States (2003)
Texas~United States (1997)
U.S. District Court, Northern District of Texas~United States (1997)
Education
University of Tulsa College of Law
(J.D. Highest Honors)
(1996)
Oklahoma Christian College
(B.A. magna cum laude)
(1987)
Baker & McKenzie LLP is a Limited Liability Partnership organized under the laws of the State of Illinois (USA) and is a member of Baker & McKenzie International, a Verein organized under the laws of Switzerland.