Jay F. Utley

Partner
Baker & McKenzie LLP

Biography

Jay F. Utley is experienced in all aspects of patent litigation, with significant experience in multi-defendant litigation. Many of the patents litigated by Mr. Utley cover digital and computer-related technologies, such as telecommunications, semiconductors, displays, digital imaging, financial systems, and networking. Mr. Utley is also experienced in matters involving price fixing, exclusive dealing, monopolization, unfair trade practices, racketeering, conspiracy, fraud, or 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 federal and state jurisdictions and venues.

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

  • Safeco Ins. Co. of Am. v. Burr, 551 U.S. 47 (2007)
  • In re Nintendo of Am., Inc., 756 F.3d 1363 (Fed. Cir. 2014)
  • 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)
  • Wheeler v. Pilgrim’s Pride Corp., 591 F.3d 355 (5th Cir. 2009) (en banc)
  • DataTreasury Corp. v. Wells Fargo & Co., 522 F.3d 1368 (Fed. Cir. 2008)
  • Doe v. United States, 398 F.3d 686 (5th Cir. 2005)
  • Hightower v. Kidde-Fenwal, Inc., No. 04-11314, 2005 U.S. App. LEXIS 25101 (5th Cir. Nov. 21, 2005)
  • Coleman v. Klockner & Co. AG, 180 S.W.3d 577 (Tex. App.—Houston [14th Dist.] 2005, pet. denied)
  • Global Sessions LP v. Wells Fargo Bank, N.A., No. 1:13-CV-690-SS (W.D. Tex. 2013) (favorable settlement)
  • MyMedicalRecords, Inc. v. Quest Diagnostics, Inc., No. 2:13-CV-2538-ODW-SH (C.D. Cal. 2013) (summary judgment of invalidity)

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Professional Associations and Memberships

  • American Bar Association - Council of Appellate Lawyers
  • Federal Circuit Bar Association
  • State Bar of Texas - Antitrust/Business Litigation, Appellate, Intellectual Property Law and Litigation Sections
  • American Bar Association - Antitrust Law, Business Law, Litigation, and Intellectual Property Law Sections
  • Dallas Bar Association - Antitrust & Trade Regulation, Appellate, Business Litigation and Intellectual Property Law Sections
  • American Intellectual Property Law Association
  • Bar Association of the Fifth Federal Circuit

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.
  • Member, Board of Elders and teaching staff, Irving Bible Church, Irving, TX
  • Member, Board of Directors, Dallas CASA, Inc., (Court Appointed Special Advocates)

Admissions

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

Languages

  • English