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James Gagen


Washington, D.C.

Image of James Gagen
James Gagen


Washington, D.C.

Jay is an experienced litigator whose practice focuses on intellectual property, international trade, and competition matters in federal tribunals around the country.

Jay is known for his expertise in Section 337 matters at the International Trade Commission, where he has successfully prevailed in numerous investigations on behalf of Complainants and Respondents. Global technology companies look to Jay to handle complex litigation matters in federal courts, and Jay’s recent experience has included defense of a Japanese company in several securities-related matters, defense of an importer in a trade-related False Claims Act matter, and defense of a leading U.S. technology company in a series of patent infringement cases at the International Trade Commission and in federal courts.

Related articles


Publications: 26 January 2023

New Protecting American intellectual Property Act authorizes sanctions for trade secret theft

On January 5, 2023, President Joe Biden signed into law the Protecting American Intellectual Property Act of 2022 (PAIP). PAIP requires that the President identify to Congress individuals and entities…

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Publications: 10 January 2023

The key to unlocking a successful trade secrets strategy

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News: 19 July 2022

Allen & Overy secures another important ITC 337 victory for Google

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Experience highlights


Washington, D.C.

1101 New York Avenue, NW
Washington, D.C.

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Admitted: District of Columbia Bar, 2006

US District Court for the District of Columbia

US District Court for the Eastern District of Texas

US Court of International Trade

US Court of Appeals for the Fourth Circuit

US Court of Appeals for the Federal Circuit

US Supreme Court


JD, University of Wisconsin Law School, 2003

BA, University of Notre Dame, 2000

Pro-bono experience

  • Lead trial counsel in a First Amendment case brought by a Virginia prisoner alleging infringement of Muslim religious beliefs.

Awards & Accolades

Highly Commended for unconventional application of US Tariff Act to protect Italian stainless steel manufacturer in US market, 2018

Financial Times, FT Innovative Lawyers North America Dispute Resolution

Published work

  • Litigating Trade Secret Misappropriation At The ITC, Law360, May 24, 2016