Jared J. Braithwaite

Registered Patent Attorney Shareholder

Jared J. Braithwaite

Jared J. Braithwaite

Registered Patent Attorney Shareholder

Combining both litigation and patent prosecution experience, Jared brings a complete perspective to protecting and enforcing intellectual property assets. His dual focus provides a window onto how both litigators and patent prosecutors think—insights he uses for the benefit of his clients.

Jared’s litigation clients value his efficient, honest style and his ability to see the over-arching business objectives and reduce unintended legal issues. Jared works hard to focus on the litigation tactics and strategies that lead most directly to those objectives, ensuring his clients’ investment justifies the possible outcomes.

His clients turn to him for a wide range of business disputes and litigation – including patent, trademark, copyrights, unfair competition, trade secrets, and other matters relating to business contracts.  His representative clients are active in software and information technology, communications, electronics and electrical engineering, consumer products, pharmaceutical, chemical, medical devices, and biotechnology.

Jared has appeared before the International Trade Commission (ITC) as well as state and federal courts across the country.  He also represents clients in appeals before the United States Supreme Court and the United States Federal Circuit Court of Appeals. Jared is admitted to both the California and Utah state bars—an advantage for his clients with assets in both the Silicon Valley and the Silicon Slopes.

In addition, Jared is a prominent Utah leader in privacy, information security and technology law. He has experience counseling clients on cutting-edge data protection issues, including privacy policies, regulation compliance, incident response planning and preparedness, and due diligence in corporate transactions. He is a Certified Information Privacy Professional (CIPP/US), a Certified Information Privacy Technologist (CIPT), sits as leadership for the Cyberlaw and Privacy Section of the Utah State Bar, and participates on the Data Security Board for the Utah Chapter of the United Way.  He is passionate about educating clients and businesses on how to make sure they are protected and is a frequent author and speaker on this topic.

  • Education
    • J.D., Brigham Young University, 2009
    • B.S., University of Utah, Biomedical Engineering, 2006,
      • Minor, University of Utah, Computer Science
  • Practice Focus
    • Complex and Intellectual Property Litigation
    • Data Security and Privacy
    • Patent, Trademark, Copyright, and Trade-Secret Protection
    • Contracts and Licensing
    • Alternative Dispute Resolution, including Mediation and Arbitration
  • Technical Experience
    • Pharmaceutical, Chemical, Biotechnology & Life Sciences
    • Medical Devices
    • Biomaterials
    • Drug Delivery
    • Bioelectrical Systems
    • Electronics and Electrical Engineering
    • Communications
    • Computer Systems, Software, E-Commerce, Business Methods & Information Technology
    • Computer Modeling
    • Software and Information Technology
    • E-Commerce and Internet Programming
    • Computer Hardware & Architecture
  • Professional Admissions & Associations
    • Co-Chair, eDiscovery Committee, American Bar Association’s Intellectual Property Law Section (since 2015)
    • Current Secretary, David K. Winder Intellectual Property American Inn of Court (Member since 2016)
    • Current Vice-Chair, Cyberlaw & Privacy Section of the Utah State Bar (Secretary 2018-2019)
    • Certified Information Privacy Professional/US (CIPP/US)
    • Certified Information Privacy Technologist (CIPT)
    • Utah Bar, 2009
    • California Bar, 2012
    • Registered Patent Attorney
    • U.S. Supreme Court
    • U.S. Federal Circuit Court of Appeals
  • Publications, Speaking Engagements & Presentations
    • “California’s Consumer Privacy Act,” Utah Bar Association Cyber Law Section (October 2019)
    • A Legal Perspective on Data Security for Small Businesses, Utah Business Magazine Webinar (October 16, 2019)
    • Utah Business Legal Roundtable (Apr. 17, 2019) (abridgment published in Utah Business Magazine June 2019)
    • Utah Business  Cybersecurity & Digital Privacy Roundtable (Jan. 9, 2019) (abridgment published in Utah Business Magazine March 2019)
    • What Does My Lawyer Have to do with Cybersecurity, 2018 Utah Business Cybersecurity Summit (Oct. 18, 2018)
    • California Consumer Privacy Act of 2018, Presentation to the Cyberlaw & Privacy Section of the Utah State Bar (Aug. 15, 2018)
    • “California’s Consumer Privacy Act of 2018,” Utah Bar Association Cyber Law Section, (August 2018)
    • “Cybersecurity to Protect Trade Secrets” Orange County Business Journal, (February 2018)
    • Inside Job: Cybersecurity to protect trade secrets, Utah Business Magazine (Sep. 2017)
    • Making Electronic Evidence Usable in the CourtroomEverything You Don’t Know about E-Discovery (But Wish You Did), National Business Institute (March 27, 2015)
    • Pong, Patents, and Intellectual Property Protection in the Video Game Industry, Utah State Bar, IP Section (January 15, 2013)
  • Second Language
    • Spanish
  • Awards & Recognition
    • Mountain States Super Lawyers, Intellectual Property, 2013–2019
    • Utah Business Magazine’s Legal Elite, Intellectual Property, 2011, 2015, 2018 – 2019
  • Representative Matters
    • Lifetime Products, Inc. v. Russell Brands, LLC d/b/a Spalding, Case No. 1:12-cv-00026-DN-EJF (D. Utah 2017)
      (favorable claim construction and settlement of patent infringement matter representing domestic basketball backboard manufacturer)
    • In re Certain Basketball Backboard components and Products Containing the Same, Investigation No. 337-TA-1040 (ITC 2017)
      (favorable settlement for domestic manufacturer in ITC investigation against U.S. distributor and Chinese manufacturer of basketball backboards)
    • Lifetime Products, Inc. v. Maxchief Investments, Ltd., Arbitration 2017
      (favorable claim construction and arbitration award against Chinese manufacturer of blow-molded tables in arbitration proceeding involving multiple patents)
    • MedPlus, Inc. v. IHC Health Services, Inc., Arbitration 2017
      (favorable settlement in software licensing dispute)
    • Tranxition, Inc. v. Novell, Inc., Case No. 3:12-cv-1404-HZ (D. Or. 2015)
      (favorable claim construction and defense judgment of patent invalidity)
    • SCO Group v. Novell, Inc., Case No. 2:04-cv-00139-TS (D. Utah 2010)
      (jury verdict in favor of client regarding ownership to copyright interests in Linux/Unix legacy operating systems)
    • Jneid v. Novell, Inc., Orange County California Superior Court, Complex Division, Case Nos. G039500, G039723, G039725, G039897
      (after two multi-month jury trials and an appeal to the Court of Appeals of California, 4th Appellate District, Division 3, in a complex business dispute, a favorable settlement was obtained on behalf of the client)
    • Favorable pre-litigation license negotiation and agreement on behalf of Delcam USA, Inc. to several patents owned by Technique d’Usinage Sinlab Inc. (2012)
    • Information Protection and Authentication of Texas, LLC v. Symantec Corp. et al., Case No. 2:08-cv-00484-JRG (2008)
      (negotiated favorable result for client after successful litigation in patent infringement case)