Photo, Jay F. Utley

Jay F. Utley

Partner
Baker & McKenzie LLP

Biography

Jay F. Utley is experienced in all aspects of intellectual property, complex-commercial, and class-action litigation and case management, with significant experience as lead counsel managing litigation teams in competitor and multi-defendant litigation. Many of the patents litigated by Jay cover digital and computer-related technologies, such as telecommunications, semiconductors, displays, digital imaging, optics, financial systems, and networking.

Jay also has significant experience in matters involving antitrust, trade secrets, unfair trade practices, racketeering, conspiracy, fraud, and bad faith, as well as proceedings in which the substantive legal issues have been eclipsed by the procedural complexities of multiple parties with multiple cases in multiple US and non-US jurisdictions and venues.

Jay serves as Baker McKenzie’s North American Intellectual Property Practice Group’s Patent Litigation Subgroup Leader, Chair of Baker McKenzie’s Dallas Intellectual Property Practice Group, and an NAIPPG liaison to Baker McKenzie’s North American Litigation and Government Enforcement Practice Group.

Practice Focus

Jay focuses on intellectual property and antitrust, with an emphasis in the areas of patent litigation and appellate litigation.

Representative Legal Matters

  • Safeco Ins. Co. of Am. v. Burr, 551 U.S. 47 (2007)
  • Secure Axcess v. Nintendo of Am. Inc., No. 2:13-cv-0032-JRG (E.D. Tex. Mar. 7, 2017) 
  • Lincoln Elec. Co. v. ESAB Group, Inc., No. 2:15-cv-1404 (E.D. Tex. January 9, 2017) 
  • Certain Three-Dimensional Cinema Sys. & Components Thereof, Inv. No. 337-TA-939, 2016 ITC LEXIS 867 (July 21, 2016) 
  • Internet Machines LLC v. Cyclone Microsystems, Inc., 575 F. App’x 895 (Fed. Cir. 2014)
  • In re Nintendo of Am., Inc., 756 F.3d 1363 (Fed. Cir. 2014)
  • MyMedicalRecords, Inc. v. Quest Diagnostics, Inc., No. 2:13-CV-2538-ODW-SH (C.D. Cal. 2013) 
  • Tech. Patents LLC v. T-Mobile (UK) Ltd., 700 F.3d 482 (Fed. Cir. 2012), cert. denied, No. 12-1292, 2013 U.S. LEXIS 6529 (Oct. 7, 2013)
  • Touchscreen Gestures LLC v. ViewSonic Corp., No. 6:12-CV-599-MHS (E.D. Tex. 2012)
  • DataTreasury Corp. v. Capital One Fin. Corp., No. 6:11-CV-092 (E.D. Tex. 2011)

Professional Associations and Memberships

  • Bar Association of the Fifth Federal Circuit
  • Eastern District of Texas Bar Association
  • 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
  • American Intellectual Property Law Association
  • American Bar Association - Council of Appellate Lawyers
  • American Bar Association - Antitrust Law, Business Law, Intellectual Property Law, and Litigation Sections
  • Barrister, The Honorable Barbara M.G. Lynn American Inn of Court

Corporate Responsibility

  • Presented more than 50 keynote lectures annually to business, church, civic, and educational organizations and universities on such topics as ethics, conflict resolution, community service, effective interpersonal and workgroup communication, and organizational leadership at local, national, and international seminars and conventions with audiences ranging in number from 100 to over 10,000.
  • Former Member, Board of Elders and Teaching Staff, Irving Bible Church, Irving, Texas
  • Former Member, Board of Directors, Dallas CASA, Inc. (Court Appointed Special Advocates)

Admissions

  • Texas~United States (1997)
  • U.S. Supreme Court~United States (2005)
  • U.S. Court of Appeals, Fifth Circuit~United States (2003)
  • U.S. Court of Appeals, Ninth Circuit~United States (2005)
  • U.S. Court of Appeals, Eleventh Circuit~United States (2006)
  • U.S. Court of Appeals, Federal Circuit~United States (2007)
  • U.S. District Court, Northern District of Texas~United States (1997)
  • U.S. District Court, Western District of Texas~United States (2003)
  • 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 Federal Claims~United States (2017)

Education

  • University of Tulsa College of Law (JD Highest Honors) (1996)
  • Oklahoma Christian College (BA magna cum laude) (1987)

Languages

  • English