Jay Jurata and Emily Luken Offer Guidance on New DOJ and USPTO Standard‐Essential Patent Remedies
As a former Surface Warfare Officer in the United States Navy, John "Jay" Jurata is no stranger to keeping his cool in face of pivotal conflicts. This has served him well in his career as an antitrust trial attorney that has spanned nearly two decades. He has represented some of the biggest names in the technology industry, including Microsoft, Sharp, LG, Panasonic and Fujifilm.
A partner in Orrick's Washington, D.C., office, Jay is the leader of the firm's Antitrust and Competition Group. His practice covers both U.S. and international competition law, with an emphasis on antitrust and intellectual property issues involving technology markets. He is a first chair trial lawyer with extensive experience representing clients in government investigations relating to monopolization and abuse of dominance, mergers and acquisitions, and high-stakes litigation.
He currently co-leads Microsoft’s defense of an antitrust class action overcharge litigation in Canada seeking more than $4 billion in damages (the first “abuse of dominance” case brought under Canadian antitrust law) in addition to representing Microsoft on merger control, antitrust investigations and private litigation arising from patent enforcement. For example, he helped to resolve the Korea Fair Trade Commission’s challenge to Microsoft Corporation’s acquisition of the Nokia devices and services business, with no changes to Microsoft’s pre-acquisition patent licensing practices.
Other recent successes include representing Sharp Corporation in a standards-essential patent licensing arbitration against InterDigital Corporation that sought $390 million in damages, a dismissal of a suit regarding a standards-essential patent dispute against iBiquity and later that year a trial victory for the client on the same issue.
Jay is a recognized authority in the field of antitrust and its overlap with intellectual property, and he speaks and publishes regularly on topics such as standards-essential patents, FRAND, and patent trolls.
Below are some examples of the types of engagements that Jay has handled.