Jay Jurata

Partner

华盛顿

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 more than two decades. He has represented some of the biggest names in the technology industry, including Microsoft, Sonos, Sharp, LG and Panasonic. 

A partner in Orrick's Washington, D.C., office, Jay is the leader of the firm's Antitrust & 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.

Jay currently leads Zillow’s defense team in an ongoing, high-profile antitrust lawsuit filed by REX. He also is representing Microsoft, Sonos and others in their role as interested parties in the Department of Justice's antitrust lawsuit against Google. Additionally, Jay represents Microsoft on various merger control matters, antitrust investigations and private litigation.

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. As an Intellectual Property Fellow for the Innovators Network Foundation, Jay also performs independent scholarship involving standards-essential patents.

  • Below are some examples of the types of engagements that Jay has handled.

    Government Investigations/Litigation

    • United States v. Google Inc. (2020-present): Representing Microsoft, Sonos and others in their role as interested parties in the Department of Justice’s antitrust lawsuit against Google.
    • Korea FTC vs. Microsoft (2014-2015): Served as Microsoft's lead U.S. outside counsel in resolving the Korea FTC's opposition to Microsoft's $7.2B purchase of Nokia's devices and services business. In that matter, Jay was responsible for the overall strategy in responding to the investigation, including preparing Microsoft's written submission to the KFTC, participating in oral arguments before the agency, and developing the consent decree strategy that ultimately resolved the dispute.
    • FTC Internet Search Advertising Investigation (2012-2013): Represented emerging start-up companies in advocating the U.S. Federal Trade Commission to stop Google from allegedly manipulating its search ranking results to block potential competition to its search advertising monopoly.
    • EU Patent Enforcement Investigation (2011-2013): Assisted Microsoft in responding to allegations by Google that Nokia's 2011 sale of patents to a non-practicing entity violates EU competition law.
    • Yammer, Inc. (2012): Secured unconditional clearance through U.S. Department of Justice Antitrust Division of Microsoft Corporation's $1.2 billion acquisition of Yammer, Inc., which adds Yammer's popular social networking tool for businesses to Microsoft's popular line of productivity software.
    • DOJ and State AG Mainframe Investigations (2009-2011): Represented the Computer and Communications Industry Association (CCIA) in persuading the U.S. Department of Justice Antitrust Division and Florida AG office to open a two-year antitrust investigation into IBM's business practices involving mainframe computing. 
    • EU Mainframe Investigation (2010-2011): Represented TurboHercules SAS in convincing the EU Directorate General for Competition to initiate a formal abuse of dominance investigation into IBM's conduct in mainframe computing.
    • DOJ/FTC Wooden Bedroom Furniture Investigations (2011): Represented a U.S. importer seeking that the U.S. Department of Justice Antitrust Division and U.S. Federal Trade Commission stop the alleged manipulation of Department of Commerce antidumping procedures by certain companies to disadvantage competitors.
    • EU Browser and Interoperability Investigations (2008-2009): Assisted Microsoft in responding to claims that including browsing functionality as part of Windows and productivity software product design choices violated EU competition law. 
    • GPX v. United States (2008): Represented GPX Int'l Tire Corp. in seeking a preliminary injunction from the U.S. Court of International Trade to stay a ruling by the U.S. International Trade Commission ordering antidumping counter duties for certain imported products.
    • FTC v. Western Refining, Inc. (2007): Member of trial team that defeated the U.S. Federal Trade Commission's request for a preliminary injunction to block Western's $1.3 billion acquisition of Giant Industries (D.N.M. May 29, 2007), as well as the FTC's emergency requests for an injunction pending appeal from the district court (D.N.M. May 30, 2007) and the Court of Appeals for the Tenth Circuit (10th Cir. May 31, 2007).
    • KFTC Media Player Investigation (2005): Assisted Microsoft in responding to claims that including media player functionality as part of Windows violated Korean competition law.
    • JFTC Licensing Investigation (2004): Assisted Microsoft in responding to claims that including media player functionality as part of Windows violated Japanese competition law.

    Private Litigation

    • FUJIFILM Corporation et al v. Hologic, Inc. (2018-2019): Represented FUJIFILM in sham litigation antitrust claims filed against Hologic in D. Del related to mammography imaging services. The litigation settled in 2019.
    • Sharp-Interdigital arbitration (2014-2016): Represented Sharp Corporation in a standards-essential patent arbitration against Interdigital seeking more than $390 million in damages for violations involving SEPs and FRAND.
    • iBiquity Digital Corp. v. Continental Automotive Sys. (2014-2015): First-chaired a multi-million dollar trial victory for iBiquity in a "bet the company" licensing dispute involving SEPs and FRAND. Successfully dismissed a parallel lawsuit brought against iBiquity in federal court.
    • Microsoft Corp. v. Samsung Corp. (2014-2015): Represented Microsoft in a multi-billion lawsuit against Samsung concerning the Nokia acquisition's effect of the companies' patent cross-license agreement.
    • Oasis Research LLC v. Adrive LLC et al. (2011-2013): Represented EMC Corporation in dismissing patent litigation brought by an Intellectual Ventures "shell" organization in the Eastern District of Texas.
    • In re Certain Handheld Electronic Computing Devices, Related Software, and Components Thereof (2011-2012): Represented Microsoft in dismissing, on summary determination, a defense raised in the U.S. International Trade Commission alleging that Microsoft's patent licensing program for distributers of Android-based devices constituted patent misuse. 
    • Digitechnic v. Microsoft (2008-2009): Assisted Microsoft in responding to claims brought against it in French court that Microsoft's pricing for its popular productivity software violated French competition law.
    • Daisy Mountain v. Microsoft (2007-2009): Represented Microsoft in defending against an antitrust class action lawsuit on behalf of government entities in Arizona that Microsoft overcharged consumers for its popular operating systems and productivity software. 
    • Microsoft indirect purchaser antitrust litigation (2001-2008): Represented Microsoft in defending against antitrust class action lawsuits on behalf of indirect purchasers in California, Mississippi and other states alleging that Microsoft overcharged consumers for its popular operating systems and productivity software. 
    • Comes v. Microsoft (2006-2007): Member of trial team that defended Microsoft in a four month antitrust trial in Iowa state court alleging that Microsoft overcharged consumers for its popular operating systems and productivity software.
    • Globespan v. Texas Instruments (2005-2006): Member of trial team that achieved a $112 million patent damages verdict on behalf of Texas Instruments and Stanford after a four-week jury trial in the District Court of New Jersey; also obtained dismissal of Globespan's antitrust claims alleging that Texas Instrument's patent licensing practices violated U.S. antitrust law.
    • Real Networks v. Microsoft (2004-2005): Represented Microsoft in defending against claims that including media player functionality as part of Windows violated U.S. antitrust law.
    • Burst v. Microsoft (2004-2005): Represented Microsoft in defending against claims that including media player functionality as part of Windows violated U.S. antitrust law.
    • Gordon v. Microsoft (2003-2004): Member of trial team that defended Microsoft in a two month antitrust trial in Minnesota state court alleging that Microsoft overcharged consumers for its popular operating systems and productivity software.

    Counseling/Compliance

    • Standards-Essential Patent Licensing Issues: Currently advise numerous large technology companies on potential antitrust issues under U.S., EU and Asia competition laws pertaining to the licensing of standards-essential patents.