Hon. James Ware (Ret.)

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Intellectual Property

Judge James Ware (Ret.) joined JAMS with 40 years of litigation experience centered in Silicon Valley and San Francisco, with a particular emphasis on the intellectual property disputes concentrated in that region. Specifically, Judge Ware spent sixteen years as a civil litigator in Palo Alto and twenty-four years as a judge in San Jose and San Francisco. He served as a United States District Judge on the Northern District of California, retiring after serving as the Chief Judge of the Northern District. Previously, he served as a judge of the Superior Court in Santa Clara County.

Judge Ware's acumen for technology, and the high volume of IP cases before his court involved him in the management and resolution of numerous patent, trademark, trade dress and copyright disputes involving complicated technologies. For four years, he served as the Chair of the Information Technology Committee for the Ninth Circuit. Judge Ware’s decisions in these matters have helped shape the legal landscape of intellectual property disputes, and have contributed to his stellar reputation for quickly grasping and assessing highly complex IP issues. Under his leadership, the Northern District was designated to participate as a Patent Pilot Court in which he and other judges were designated to hear patent cases filed in the Northern District.

In his work with JAMS, Judge Ware draws on his vast experience as a judge on both the state and federal benches. 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.

Representative Matters

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.: Action for infringement of patents directed to computer functions used by window-styling method.
  • Avago Technologies General IP PTE v. Elan Microelectronics Corp.: Patent infringement action involving sensors used in optical computer mice
  • Avocet Sports Technology, Inc. v. Amer Sports Corp.: Patent infringement action involving patents related to altimeter technology
  • Boston Scientific Corp. v. Cordis Corp.: Patent infringement claims for tool to surgically place aneurysm treatment device
  • Boston Scientific Corp. v. Micrus Corp.: Patent infringement claims relating to methods and devices for treating vascular medical problems
  • Cryptography Research, Inc. v. Visa International Service Association: Patent infringement claims related to eight patents involving devices and methods for the security of financial transactions being conducted using “smartcards”
  • Intel Corp. v. Wi-LAN, Inc.: Patent infringement claims related to wireless compatibility technologies used in laptops, routers and handsets
  • Jajah Inc. v. Stanacard LLC: Markman Hearing related to the use of virtual telephone numbers
  • JSR Corp. v. Tokyo Ohka Kogyo Co., Ltd.: Patent infringement action involving multiple photoresist patents
  • KLA Instruments Corp. v. Orbot Inc.: Patent infringement suit related to reticle inspection systems
  • 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
  • Mitsubishi Kasei Corp. v. Hedgcoth: Patent infringement claims related to magnetic recording disk technology
  • Phase Four Industries, Inc. v. Marathon Coach, Inc.: Markman and summary judgment proceedings related to sewage systems for vehicles
  • Power Integrations, Inc. v. Fairchild Semiconductor International, Inc.: Patent infringement claims and counter-claims related to methods and apparatuses for increased efficiency in power supply circuits Power Integrations, Inc. (“Plaintiff”) manufactures
  • Regal Electronics, Inc. v. Pulse Engineering, Inc.: Discovery dispute related to patents obtained in Japan, Taiwan, China, Germany and the United Kingdom
  • Regents of University of California v. Micro Therapeutics, Inc.: Patent infringement claims related to devices for occluding vascular cavities for the treatment of brain aneurysms
  • Snaptrack, Inc. v. Zoltar Satellite Alarm Systems, Inc.: Presided over patent infringement jury trial concerning claims that position location technology infringed multiple patents
  • Sportvision, Inc. v. SportsMEDIA Technology Corp.: Allegations of patent infringement, trademark infringement and unfair competition
  • U.S. Ethernet Innovations, LLC v. Acer, Inc.: Patent infringement claims related to ethernet network adapters and related data transmission technology
  • Yukiyo Ltd. v. Watanabe: Multidistrict litigation for patent infringement claims related to fabrication of porcelain restorations
  • Zoltar Satellite Alarm Systems, Inc. v. Motorola, Inc.: Patent infringement claims related to wireless location based services

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
  • Adobe Systems, Inc. v. Stargate Software Inc.: Suit for copyright infringement by obtaining and selling educational versions of software without authorization
  • Campbell v. Walt Disney Co.: Copyright infringement action brought by an author who alleged the concept for a Disney movie was taken from her screenplay
  • Craigslist, Inc. v. Hubert: Trademark and copyright infringement case related to the sale of software allowing users to automatically post ads to Craigslist, circumventing the entry of CAPTCHA passwords
  • Express Diagnostics International, Inc. v. Tydings: Claims of inter alia, trademark infringement and unfair competition
  • Facebook, Inc. v. Power Ventures, Inc.: Alleged violations of the Controlling the Assault of Non–Solicited Pornography and Marketing (CAN–SPAM) Act, the Computer Fraud and Abuse Act (CFAA), and Digital Millennium Copyright Act (DMCA) against Internet service that collects user information from Facebook's website
  • Google, Inc. v. Affinity Engines, Inc.: Copyright infringement action seeking a declaratory judgment as to the ownership of the intellectual property at issue
  • Louis Vuitton Malletier, S.A. v. Akanoc Solutions, Inc.: Trademark and copyright infringement claims against a web hosting company which hosted an allegedly infringing website
  • Netbula, LLC v. Chordiant Software, Inc.: Alleged copyright infringement of software products
  • Perfect 10, Inc. v. Visa International Service Association: Allegations of secondary liability under federal copyright and trademark law and liability under California statutory and common law for processing credit card payments to Internet websites
  • Shloss v. Sweeney: Action for declaratory judgment and injunctive relief pursuant to Copyright Act

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

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