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James Gagen

Partner

Washington, D.C.

Image of James Gagen
James Gagen

Partner

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

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Publications: 03 January 2024

Allen & Overy's James Gagen on Apple Watches, the ITC, and Litigation Strategies with Bloomberg Technology

James Gagen, litigator in Allen & Overy’s Intellectual Property practice, joined Bloomberg Technology hosts Caroline Hyde and Ed Ludlow to discuss the most recent developments regarding the…

Read more Allen & Overy's James Gagen on Apple Watches, the ITC, and Litigation Strategies with Bloomberg Technology

Publications: 22 December 2023

Allen & Overy’s James Gagen on Apple’s patent dispute with Masimo

Read more Allen & Overy’s James Gagen on Apple’s patent dispute with Masimo

News: 03 November 2023

Allen & Overy files supreme court amicus brief on behalf of habeas scholars in capital case

Read more Allen & Overy files supreme court amicus brief on behalf of habeas scholars in capital case

News: 17 August 2023

Fed. Cir. maintains A&O’s U.S. IP Technology Team’s post-trial injunction on behalf of Wonderland Group

Read more Fed. Cir. maintains A&O’s U.S. IP Technology Team’s post-trial injunction on behalf of Wonderland Group

Experience highlights

Office

Washington, D.C.

1101 New York Avenue, NW
Washington, D.C.
20005

View office →

Qualifications

Professional

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

Academic

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