Overview
Jay Gagen is a partner in the Intellectual Property practice at Paul Hastings and is based in the firm’s Washington, D.C. office. His practice covers all aspects of high stakes technology litigation matters in the U.S. International Trade Commission and district courts.
Mr. Gagen is known for his expertise in litigating section 337 matters at the U.S. International Trade Commission, where he has successfully represented both Complainants and Respondents in numerous investigations involving patent, trade secret, trade dress, and trademark infringement claims. His IP experience includes representations of technology companies in a wide range of technical areas, including hardware, software, business methods, medical devices, and steel. Mr. Gagen lectures and presents internationally on U.S. IP law and its impact on global technology companies, including issues relating to the scope of U.S. jurisdiction, injunctive relief, and the enforcement of standard essential patents.
Mr. Gagen devotes a portion of his time to pro bono matters. He currently represents scholars of habeas corpus law in the U.S. Supreme Court in advocating for reversal of an appellate court decision impacting the right to counsel for prisoners on death row, and his past representations have included a Virginia prisoner in solitary confinement alleging infringement of his religious beliefs. Mr. Gagen serves on the board of directors of Metropolitan Ballet Theatre, a local nonprofit arts organization.
Recognitions
- Highly Commended for unconventional application of US Tariff Act to protect Italian stainless steel manufacturer in US market, Financial Times, FT Innovative Lawyers North America Dispute Resolution (2018)
Representations
- Google in multiple U.S. International Trade Commission investigations and federal court cases in Texas and California involving Google’s Nest thermostats.
- A Taiwanese manufacturer in obtaining and defending a rare permanent injunction in a Delaware patent infringement case against a competitor.
- A Japanese technology company in shareholder lawsuits in California federal court and in related investigations involving alleged securities and accounting fraud.
- A U.S. importer in defending alleged violations of the False Claims Act relating to antidumping duty orders.
- An Italian stainless steel manufacturer in obtaining an exclusion order of over 16 years in a trade secret case in the U.S. International Trade Commission.
- Google in obtaining summary judgment of patent ineligibility under section 101.
- A Taiwanese manufacturer accused of infringing five patents in obtaining a complete defense win.
- A software company in obtaining a jury verdict of non-infringement and invalidity in Texas federal court.
Matters may have been handled prior to joining Paul Hastings.
Engagement & Publications
- Bloomberg Technology Interview regarding the U.S. International Trade Commission, January 2, 2024
- FRAND and Standard Essential Patents in the ITC, Brussels, June 21, 2023
- Are injunctions at the ITC and district court within reach for SEPs, OxFirst Webinar, February 27, 2023
- The ITC and the UPC, Munich, June 22, 2022
- Litigating Trade Secret Misappropriation At The ITC, Law360, May 24, 2016
Involvement
- Representation of amici scholars of habeas corpus law in supporting reversal of Fifth Circuit decision limiting the right to counsel in death penalty cases.
- Lead trial counsel in a First Amendment case brought by a Virginia prisoner alleging infringement of Muslim religious beliefs.