Hon. James Ware (Ret.)

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Judge James Ware (Ret.) has joined JAMS after spending sixteen years as a civil litigator, and twenty-four years as a judge. He served as a United States District Judge on the Northern District of California, including a year and a half as the Chief Judge of the Northern District. Previously, he served as a judge on the Superior Court of California in Santa Clara County. Thanks to his extensive judicial career, he brings with him a wealth of experience derived from his management and resolution of thousands of cases across a wide variety of subjects. Most notably, Judge Ware presided over numerous cases involving patent infringement, securities fraud, antitrust, contract disputes, employment law, and various statutory actions.

Since joining JAMS, Judge Ware draws on his vast experience as a judge on both the state and federal bench. Serving as a mediator and special master/discovery referee, he helps parties to communicate with and understand one another; offers a broad perspective on parties’ problems; assists them to evaluate the strengths and weaknesses of respective positions; assesses the overall cost of the dispute; and aides them in identifying, and overcoming, obstacles that stand in the way of effective resolution. As an arbitrator, he considers the issues and reaches a definitive, principled, and expedited resolution.

ADR Experience and Qualifications

  • Twenty-two years as United States District Judge on the Northern District of California, including a year and a half as the Chief Judge of the Northern District; two years as a judge on the Superior Court of California in Santa Clara County; and sixteen years as a civil litigator
  • Sat by designation on a number of other federal courts, including the following:
    • United States Court of Appeals for the Federal Circuit
    • United States Court of Appeals for the Ninth Circuit
    • United States District Court for the Central District of California
    • United States District Court for the District of Arizona
  • Taught case management and dispute resolution practices in numerous legal practice programs, both in the United States and around the world. For over twenty years he has taught courses at Bay Area law schools, including Santa Clara Law School and Golden Gate Law School. In addition, he has given lectures and speeches at a number of Bay Area institutions, including Stanford Law School, Berkeley Law School, and Hastings College of the Law
  • Author of several law review articles dealing with patent law and civil trials

Significant Cases

  • Antitrust
    • Bell Atlantic Business Systems Services, Inc. v. Hitachi Data Systems Corp.: Allegations of conspiracy and anticompetitive conduct within market for servicing high technology computer equipment
    • Garon v. eBay, Inc.: Antitrust class action including allegations of antitrust violations, negligence, and trade libel related to defendant’s customer feedback policy
    • In re Apple & AT & TM Antitrust Litigation: Class action complaint for alleged antitrust violations in connection with sale and marketing of iPhone
  • Business Liquidation
    • 21X Capital Ltd. v. Werra: Diversity action seeking personal liability to pay a judgment from prior state action regarding auction proceedings in a business liquidation matter
  • Constitutional Law
    • Perry v. Schwarzenegger: Motion to vacate decision regarding action against California Governor and other state officials, alleging California voter-enacted constitutional amendment restricting valid marriage as one between a man and a woman violated federal constitutional rights of same-sex couples
  • Consumer Rights Class Actions
    • Abels v. JBC Legal Group, P.C.: Class action alleging violations of the federal Fair Debt Collection Practices Act (FDCPA)
    • Del Campo v. Kennedy: Class action alleging violations of the federal Fair Debt Collection Practices Act (FDCPA)
    • In re Google Inc. Street View Electronic Communications Litigation: Consolidated Class Action Complaint alleging violation of the federal Wiretap Act by intercepting private electronic information
    • In re Zynga Privacy Litigation: Class action privacy suit alleging game developer deliberately shared personal data of Facebook users with third parties in violation of the Electronic Communications Privacy Act and the Stored Communications Act of 1986
  • Enforcement of Settlement Agreements
    • Facebook, Inc. v. ConnectU, Inc.: Lawsuit to rescind settlement agreement alleging omission of several stock transfer documents and a lower-than-expected post-settlement disclosure of common stock value
  • Environmental Protection
    • Arc Ecology v. U.S. Department of the Air Force: Alleged violations of Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and Administrative Procedure Act (APA)
  • Insurance
    • Bianchi v. State Farm Fire & Casualty Co.: Lawsuit alleging breach of contract, bad faith, and negligence related to claims for relief under flood insurance policy; Counterclaim to dismiss bad faith claim under National Flood Insurance Act (NFIA)
    • Santana Row Hotel Partners, L.P. v. Zurich America Insurance Co.: Tenant in a development brought action against developer's builders risk insurer and insurer's agent to recover for fire loss based on promissory estoppel, breach of contract, bad faith, and fraud
  • Labor and Employment
    • Andrews v. Lockheed Missiles & Space Co., Inc.: Age discrimination claim
    • Fu v. Walker Parking Consultants: Pregnancy discrimination claim
    • Busey v. P.W. Supermarkets, Inc.: State court action for wrongful discharge moved to federal court as collective bargaining agreement and Labor Management Relations Act (LMRA) at issue
    • Gamboa v. United Parcel Services, Inc.: Employment discrimination and retaliation claims
    • Granite Rock Co. v. International Brotherhood of Teamsters: Dispute regarding validity of a Collective Bargaining Agreement (CBA) which included no-strike and arbitration clauses
    • Stewart v. Stanford University: Allegation of wrongful termination governed by Labor Management Relations Act (LMRA)
  • Patent Infringement 
    • Acacia Media Technologies Corp. v. New Destiny Internet Group: Owner of patent for method of data transmission sued competitor for infringement
    • Agilent Technologies Inc. v. Affymetrix, Inc.: Review of patent interference proceeding decision before the Board of Patent Appeals and Interferences of the United States Patent and Trademark Office
    • Apple Computer, Inc. v. Articulate Systems, Inc.: Patentee brought action for infringement of patents directed to computer functions used by window-styling method. Defendant moved for partial summary judgment.
    • Avago Technologies General IP PTE v. Elan Microelectronics Corp.: Patent infringement action involving sensors used in optical computer mice
    • Mformation Technologies, Inc. v. Research in Motion Ltd.: Patent infringement claims related to a process that remotely manages a wireless device over a wireless network
  • Securities Fraud
    • In re 3Com Securities Litigation: Class action alleging securities fraud, insider trading, and pendent state claims for common-law fraud and negligent misrepresentation
    • In re Impax Laboratories, Inc. Securities Litigation: Class action alleging securities fraud through issuing false or misleading statements about reserves, revenues, and income
    • In re Infineon Technologies AG Securities Litigation: Securities fraud class action alleging price-fixing
    • In re Juniper Networks, Inc. Securities Litigation: Securities class action alleging violations of the federal securities laws in connection with an initial public offering
  • Trademark and Copyright
    • 3M Co. v. Rollit, LLC: Trademark and trade dress infringement action regarding the use of Canary Yellow in connection with sticky notes
    • Adobe Systems Inc. v. One Stop Micro, Inc.: Lawsuit alleging copyright infringement, trademark infringement and dilution, interference with contractual relations, and violation of the Lanham Act related to distribution of educational version of a software package
  • Unfair Competition
    • Harley-Davidson, Inc. v. Seghieri: Unfair competition and trademark infringement claims related to use of the “HOG” trademark
    • In re Intel Laptop Battery Litigation: Class action alleging unfair business practices related to computer benchmarking programs
    • Kremen v. Cohen: Allegations of conversion to recover losses related to improper reassignment of a registered domain name

Honors, Memberships, and Professional Activities

  • Awards and Honors
    • Recipient, Santa Clara County Trial Lawyers Association Lifetime Achievement Award
    • Fellowship awarded by the German-Marshall Fund to study at Atlantik-Bruecke Conference in Berlin, Germany
    • Fellowship awarded by the Fulbright Foundation to lecture at University of Jordan in Amman, Jordan
    • Recipient of award from the International Academy of Trial Lawyers for excellence in appellate advocacy
  • Books and Articles
    • California Residential Landlord Tenant Practice, CEB
    • The History, Content, Application and Influence of the Northern District of California’s Patent Local Rules, 25 Santa Clara Computer & High Tech. L.J. 965 (2009)
    • Patent Rules of Evidence, 23 Santa Clara Computer & High Tech. L.J. 749 (2007)
    • Adopting an Educator Habit of Mind: Modifying What It Means to Think Like a Lawyer, 45 Stan. L. Rev. 1713 (1993) (with Gail A. Jaquish)
    • Earning the Daubert Seal of Approval for Expert Witnesses, Association of Business Trial Lawyers Report, July 1994
    • "Showing IP Lawyers The Joys of Mediation," ADR Profile, Daily Journal, December 20, 2013

Background and Education

  • Judge, U. S. District Court, Northern District of California, 1990-2012
    • Chief Judge, 2011-2012
  • Judge, Santa Clara County Superior Court, 1988-1990 
  • Private Practice, Palo Alto, California, 1972-1988 
  • U.S. Army Reserve Captain, Military Police, 1973-1986
  • U.S. Army, Military Police, 1973
  • U.S. Army Reserve Second Lieutenant, 1972
  • J.D., Stanford Law School, 1972
    • Hilmer Ohlmer Award for excellence in Research and Writing
  • B.A., California Lutheran University, 1969

Disclaimer

This page is for general information purposes.  JAMS makes no representations or warranties regarding its accuracy or completeness.  Interested persons should conduct their own research regarding information on this website before deciding to use JAMS, including investigation and research of JAMS neutrals. See More

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