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09.19.16 | Justin M. Philpott

As co-chair of Banner Witcoff’s Patent Trial and Appeal Board committee, Justin knows the importance of strong patents.  He also has unique insight.  He has concentrated on intellectual property law for more than 17 years, during which he has critically examined hundreds of applications as a U.S. patent examiner and methodically drafted, prosecuted, and litigated hundreds more patents as a registered U.S. patent attorney.  With a global perspective, Justin protects the strategic IP for clients of all sizes, from startups to Fortune 50.

Justin regularly merges technical and legal analyses in complex electrical and computer arts.  He has extensive experience in mobile wireless communications, such as GSM, CDMA, CDMA2000, LTE, LTE-Advanced, and New Radio, as well as in MPEG video compression and HDTV coding and transmission.  For example, Justin examined multiplex communications (class 370), telephonic communications (class 379), and telecommunications (class 450) at the U.S. Patent & Trademark Office for nearly five years, including 2G and 3G mobile wireless communication technology. For the past several years, Justin has actively managed a global portfolio of hundreds of patent assets relating to 4G and 5G mobile wireless communication technology for a longtime Fortune 50 client.  And in between the above, Justin asserted and defended patent portfolios in multiple district court litigations and International Trade Commission investigations relating to MPEG-2 and MPEG-4 video compression as well as HDTV and ITU-T J.83 television coding and transmission technology.

Justin is proud to have represented clients on a volunteer basis (pro bono) for a variety of matters beyond patents. For example, he successfully appealed a group of Boy Scouts’ asylum denials in a case that has been cited in a leading international textbook on refugee law, “The Law of Refugee Status.”  Hathaway et al., James C., “The Law of Refugee Status,” Cambridge Univ. Press, 2nd Ed. (2014), 170, n. 506 (citing Kiegemwe v. Holder, 427 Fed.Appx. 473 (6th Cir. 2011). Justin also has resolved legal disputes in music copyright and employment matters through volunteer organizations such as Lawyers for the Creative Arts and the Northern District of Illinois’ Settlement Assistance Program for Pro Se Litigants.

Justin has been named an Illinois Super Lawyers “Rising Star” in 2018 and 2019, representing the top 2.5 percent of attorneys in each state.

District Court Litigation 

  • Amsted Rail v. Temper Axle, 14-cv-02849 (Complaint, discovery, motions, and settlement on behalf of Amsted Rail)
  • Dyson v. SharkNinja, 14-cv-02849 (Design patent claim construction, discovery, and motions on behalf of SharkNinja)
  • Marine Technologies v. Atwood Mobile, 12-cv-04199 (Local counsel on behalf of Atwood Mobile)
  • Vibes Media v. Digigraph.me, 12-cv-04166 (Discovery, motions, and settlement on behalf of Digigraph.me)
  • Micro Enhanced Technology v. Videx, 11-cv-05506 (Discovery, motions, and settlement on behalf of Videx)

International Trade Commission Section 337 Proceedings

  • Inv. No. 337 TA-789, Digital Televisions and Components Thereof (Claim construction, expert discovery, pre-trial motions, and written direct examination on behalf of Vizio)
  • Inv. No. 337-TA-742, Certain Digital Televisions and Components Thereof (Expert discovery on behalf of Vizio)
  • Inv. No. 337-TA-733, Flat Panel Digital Televisions and Components Thereof (Claim construction and expert discovery on behalf of Vizio)
  • Inv. No. 337-TA-687, Video Displays, Components Thereof, and Products Containing Same (Discovery on behalf of Vizio)
  • Inv. No. 337-TA-654, Certain Peripheral Devices and Components Thereof and Products Containing the Same (Diligence on behalf of Primax)
  • Inv. No. 337-TA-634, Certain Liquid Crystal Display Modules, Products Containing Same, and Methods Using the Same (Post-hearing briefing on behalf of Sharp)
  • Inv. No. 337-TA-631, Certain Liquid Crystal Display Devices and Products Containing the Same (Post-hearing briefing on behalf of Sharp)
  • Inv. No. 337-TA-589, Certain Switches and Products Containing Same (Discovery on behalf of Belkin)

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