James Blank

James S. Blank

Partner
Baker & McKenzie LLP

Biography

James Blank is a partner in the North America Intellectual Property & Technology Practice Group in New York. Jim focuses his practice on patent litigation, representing major international companies including Nintendo, Nexans, Bosch, The Hain Celestial Group, and QinetiQ. Jim was named one of the five "Intellectual Property MVPs" in the country by Law360 in 2016. Jim is also ranked for Patent Litigation by IAM 1000 -The World's Leading Patent Professionals in 2017 and 2018 as well as for Appellate: Court of Appeals by The Legal 500 US in 2018.

IAM 1000 touts Jim for his "persuasiveness and perseverance," "appellate nous," "build[ing] deep and meaningful relationships with clients," and "craft[ing] commercial litigation strategies that look beyond the immediate case at hand."

Practice Focus

Jim has acted as lead counsel in numerous patent litigations at every significant level—he has argued before the Federal Circuit, tried cases to juries and judges in district courts, litigated inter partes reviews (IPR) to conclusion before the PTAB, and conducted arbitrations. His experience covers litigating patent cases involving video game systems and controllers, stereoscopic (3D) image capture and display devices, augmented reality, high-speed data communications cables, liquid crystal displays, digital downloading jukeboxes, power tools, optical components, and encryption technology, among many other technologies. While his practice largely focuses on patent litigation, he also has experience litigating trade secrets, trademark, trade dress, false advertising, and unfair competition cases.

Representative Legal Matters

Prior to joining the Firm, Jim's intellectual property litigation experience includes:

  • Acted as lead counsel for Nintendo in two cases involving 3D image capture and display technology patent allegedly infringed by the Nintendo 3DS and 3DS XL handheld gaming devices. Following the Federal Circuit's reversal in Nintendo's favor of the district court's claim construction, the Court entered judgment of non-infringement after a bench trial. The Federal Circuit affirmed, and the Supreme Court denied certiorari.

  • Acted as trial counsel for Nintendo in case alleging that Nintendo's Wii and GameCube video game controllers infringed five patents. Following a favorable claim construction ruling, the plaintiff stipulated to non-infringement of one of the patents-in-suit. Following trial, the jury returned a verdict of no infringement with respect to the Wii Remote and Wii Nunchuk controllers. The Federal Circuit found the remaining patent-in-suit invalid and reversed the district court's judgment of infringement and the USD 28 million damages award with respect to the Wii Classic and GameCube controllers.

  • Acted as lead counsel for Nexans and Berk-Tek in case in which a competitor asserted four patents in the field of high speed telecommunications cables. Following successful IPRs invalidating 79 of the 81 asserted claims, the Federal Circuit affirmed the PTAB's invalidity findings, and reversed the PTAB's validity findings as to the remaining two claims. The Federal Circuit's reversal of the PTAB's validity findings represented the first time that it had reversed a PTAB validity finding in an AIA review.

  • Acted as lead counsel for Nexans and Berk-Tek in case in which their Category 5e, 6 and 10G high speed data communications cables were alleged to infringe a competitor's patents. Following the Court's claim construction ruling, the case settled with Nexans and Berk-Tek making no monetary payment to General Cable.

  • Acted as lead counsel for QinetiQ Group plc in case involving super-twisted nematic (STN) liquid crystal display technology. After obtaining a favorable claim construction ruling, the defendants conceded liability. After a trial on damages, the Court entered a non-appealable USD 20 million judgment in QinetiQ's favor.

  • Acted as lead counsel for Robert Bosch Tool Corp. in trade secrets and correction of patent inventorship case involving digital inclinometers and thermoforming packaging processes. During trial, the case settled on favorable terms.

  • Acted as lead counsel for TouchTunes Music Corp. and obtained summary judgment of non-infringement of seven patents relating to digital downloading jukebox technology. The Court subsequently found the case to be "exceptional" and awarded TouchTunes USD 2.7 million in attorneys' fees.

  • Acted as lead counsel for KKR portfolio company and obtained preliminary injunction on trademark, trade dress, and false advertising claims involving porcelain tableware.

  • Acted as lead counsel for Robot Wars and defeated motion for preliminary injunction on trade dress and unfair competition claims involving robotic combat events.

  • Acted as lead counsel for Ecko Complex and obtained summary judgment of non-infringement of design patent, trade dress and copyright claims involving reversible denimwear.

Professional Honors

  • Ranked in Patent Litigation, IAM 1000 -The World's Leading Patent Professionals, 2017-2018
  • Ranked in Appellate: Court of Appeals, Legal 500 US, 2018
  • Ranked as Intellectual Property MVP, Law360, 2016

Corporate Responsibility

In 2004, Jim and his team obtained the release from Texas death row and exoneration of Ernest Willis in state and federal habeas corpus proceedings. At the time, he was only the seventh prisoner released from Texas death row since the death penalty was reinstituted in 1976. Jim's service as lead counsel for more than a decade on this matter has been featured in numerous publications and broadcast reports, including ABC News' Nightline, The American Lawyer, and The New Yorker. For this representation, the Association of the Bar of the City of New York awarded him the Thurgood Marshall Award.

Admissions

  • New York~United States
  • Connecticut~United States
  • U.S. Court of Appeals, Federal Circuit~United States
  • U.S. Court of Appeals, Second Circuit~United States
  • U.S. District Court, Southern District of New York~United States
  • U.S. District Court, Eastern District of New York~United States
  • U.S. District Court, Eastern District of Texas~United States
  • U.S. District Court, Western District of Texas~United States
  • U.S. District Court, Delaware~United States
  • U.S. District Court, Western District of Wisconsin~United States

Education

  • New York Law School (JD cum laude) (1992)
  • University of Pennsylvania (BA) (1988)

Presentations

Speaker, "World Recognition of Distinguished General Counsel," Paris, France, January 2018