Jason Gardner focuses his practice on patent litigation, procurement strategy, and transactions. He is a registered patent attorney and provides advice for strategic decision-making in a variety of technologies, including software, telecommunications, Internet applications, semiconductor devices, medical devices, oil and gas extraction, and vehicular control systems.
Professional & Community Activities
Wake Forest Intellectual Property Law Journal, Board of Advisors Member
Industries
Technology & Software; Entertainment, Media & Sports; Financial Services; Telecommunications; Energy, Utilities & Power Systems; Oil & Gas-Petrochemicals
Experience
Worked on teams handling the following matters:
Perform patent procurement for joint venture between manufacturer of farm equipment and a company that designs and builds robots, Seeking patent protection for autonomous vehicles developed through a joint venture between the world's leading manufacturer of farm equipment and a company that designs and builds robots. The innovations provide sophisticated vehicles that can travel autonomously to support military and civilian applications.
Patent prosecution and counseling services to Adobe Systems Incorporated, Provides patent procurement and counseling services to Adobe Systems Incorporated, one of the largest and most diversified software companies in the world. The company offers creative, business and mobile software and services used by creative professionals, knowledge workers, consumers, original equipment manufacturer (OEM) partners and computer programmers. Much of the firm's work has focused on the software and services used to create, manage, deliver and engage with compelling content and experiences across multiple operating systems, devices and media. The firm works closely with the key technical and business personnel to identify and protect innovations with patent protection to achieve the company's strategic corporate goals. The firm also counsels the company with respect to patent strategy.
Patent prosecution and counseling for a wireless technology and services provider, Provides patent procurement and counseling services to a world-leading provider of wireless technology and services. The firm works with the company's technical personnel and in-house legal counsel to identify and strategically protect the company's innovations, conducts patent due diligence and clearance analysis for the client.
Patent protection and licensing services for Equifax Inc., Represents Equifax Inc, one of the United States' largest credit reporting agencies, in their patent related matters by assisting in obtaining meaningful patent protection for software and web-related solutions that manage credit and other consumer data. The firm counsels Equifax on licensing, design arounds and third-party patent rights in a crowded technology area to understand the scope of those third-party rights.
McKesson Info. Solutions v. Epic Sys. Corp., The firm serves as lead counsel in the representation of Epic Systems Corporation, a leading Wisconsin-based health care software company, against claims of patent infringement in a suit involving Internet-based doctor-patient communications software. The district court held that Epic and its health care provider customers did not and could not infringe the patent. The Federal Circuit affirmed this ruling on appeal.
McKesson Info. Solutions v. Epic Sys. Corp., No. 06-2965 (N.D. Ga. filed Dec. 6, 2006), No. 2010-1291 (Fed. Cir. Apr. 12, 2011).
Patent protection for broadband communications company, Obtained patent protection for a privately-held broadband communications company. The protection covered the company's video signal processing and transmission innovations that broadened the channel options for visual data communication. We also supported the sale of our client's valuable patent portfolio.
Patent protection services for global entertainment technology company, Obtain meaningful and global patent protection and provide advice on patent-related transactional issues for a global entertainment technology company. Our work supports the company's film processing and film delivery innovations that provide immersive cinema experiences for audiences. We also counsel the client on internal procedures for cultivating and protecting the company's valuable intellectual property.
Intellectual property protection for a major outsourcing company, Advise a major outsourcing company for the pharmaceutical industry on identifying potentially valuable intellectual property and provide acquisition services to obtain protection in the U.S. and internationally for identified intellectual property. The company has sought protection for clinical trial management and data analysis innovations that support successful clinical trial processes.
*Experience gained by attorney prior to joining Kilpatrick Townsend
Publications
26 May 2011, Back to the Future: the Federal Circuit Clarifies and Raises Standards for Proving Inequitable Conduct by Defining Requirements that Amount to Fraud on the Patent Office, the Historic Linguistic Description of Conduct to Render Patents Unenforceable, Legal Alerts
27 April 2010, "What's Inequitable?" En Banc Panel To Answer For Patent Prosecutors, Legal Alerts
01 January 2009, Recent Developments Affecting Acquisition of Meaningful Patent Protection
Source: Intellectual Property Desk Reference, Other Publications