Jonathan R. DeFosse

Jonathan DeFosse is a partner in the Intellectual Property Practice Group in the firm's Washington, D.C. office.

Areas of Practice

Jon's practice focuses on intellectual property litigation and counseling involving product areas that include automotive technologies, consumer electronics, telecommunications, website design, cloud computing and medical devices. He regularly appears in federal courts throughout the U.S., including the U.S. District Courts for the Eastern District of Texas, the District of Delaware, the Northern and Central Districts of California and the Northern District of Illinois. Jon also regularly appears before the Patent Trial and Appeal Board in connection with post-grant review proceedings.

Jon established an accomplished track record through years of achieving successful outcomes on behalf of his clients. Within the last few years, he obtained complete victories for his clients in numerous matters, including cases concerning diesel fuel injection systems, online health records management systems, drowsiness detection systems and hybrid engines.  

Jon also represents clients in inter partes review proceedings. For example, he has represented companies in petitions challenging the validity of patents concerning light-emitting panel displays, pattern recognition systems, telematics units, wireless communications systems, crash avoidance systems, hybrid engines, adaptive cruise control systems and tail lights. He regularly speaks and publishes articles on issues related to patent law.

Experience

Representative Matters

• Mercedes-Benz USA LLC in 20 inter partes review (IPR) petitions filed before the Patent Trial and Appeal Board (PTAB) concerning technologies ranging from LED displays to hybrid engines to pattern recognition systems.
• A major software company in a copyright infringement and licensing dispute in the Southern District of New York.
• WebMD in a patent infringement suit in the Central District of California concerning online storage of medical records, obtaining summary judgment of invalidity and judgment on the pleadings on behalf of WebMD.
• Daimler AG and Mercedes-Benz USA LLC in a patent infringement suit in the Northern District of Illinois concerning impairment detection systems, obtaining judgment on the pleadings on behalf of Daimler and Mercedes.
• A major ride-sharing company in a patent infringement suit in the District of Delaware concerning mobile applications.
• Primus Telecommunications, Inc. and Lingo, Inc. in a multi-district patent infringement litigation in the District of Delaware concerning Voice over Internet Protocol (VoIP) technology.
• A major industrial company in an IP licensing arbitration administered by the International Chamber of Commerce.
• Daimler AG and Mercedes-Benz USA LLC in a patent infringement case in the District of New Jersey concerning the drowsiness detection system in Mercedes vehicles, obtaining summary judgment in favor of Daimler and Mercedes.
• Nikon Inc. and Nikon Americas Inc. in a patent infringement suit in the District of Delaware concerning image processing technology.
• A student lending company in a trade dress infringement action in the Southern District of New York.
• Daimler AG and Mercedes-Benz USA LLC in a patent infringement case in the Central District of California concerning fuel injection technologies for diesel engines, obtaining summary judgment for Daimler and Mercedes.
• A manufacturer of semi-conductor test probes in a patent infringement litigation in the District of Delaware and a related IPR proceeding before the PTAB.
• Mercedes-Benz USA LLC and Mercedes-Benz International, Inc. in four related patent infringement suits in the Eastern District of Texas concerning vehicle sensor and safety systems.
• Mercedes-Benz USA LLC in a patent infringement suit in the Central District of California concerning hybrid vehicles and in-vehicle radar and communications systems.
• Mercedes-Benz USA LLC in a multi-district patent infringement litigation in the District of Minnesota concerning vehicle tracking and security systems.
• Mercedes-Benz USA LLC in a patent infringement case in the Eastern District of Texas concerning the operation of microprocessors and wireless encryption systems in Mercedes vehicles.
• Primus Telecommunications, Inc. in a patent infringement suit in the Eastern District of Texas concerning methods for automatically answering telephone calls and retrieving voice messages.
• Mercedes-Benz USA LLC in a patent infringement suit in the Eastern District of Texas concerning online encryption technology.

Articles

Intellectual Property Law Blog Posts

• "Companies Should Take Notice of the Extraterritorial Reach of U.S. Trade Secret Law," November 14, 2024

• "Patent Infringement Pleading Standards Remain Unsettled Five Years After the Abrogation of Form 18 – Part 2: Pleading Standards in Delaware," March 2, 2021

• "Patent Infringement Pleading Standards Remain Unsettled Five Years After the Abrogation of Form 18 – Part 1: Inconsistent Federal Circuit Guidance," October 27, 2020

• "Intellectual Property Outlook: Cases and Trends to Follow in 2020 — PART 4," March 25, 2020

• "Federal Circuit Makes It More Difficult for Accused Infringers to File Declaratory Judgment Actions," March 17, 2020

• "Intellectual Property Outlook: Cases and Trends to Follow in 2020 — PART 3," March 4, 2020

• "Intellectual Property Outlook: Cases and Trends to Follow in 2020 — PART 2," February 3, 2020
• "Intellectual Property Outlook: Cases and Trends to Follow in 2020 – PART1," January 17, 2020

Media Mentions

Events

Memberships

Member, Giles S. Rich American Inn of Court