James Gagen
Partner
Washington, D.C.

James Gagen
Partner
Washington, D.C.
Contact Details
Jay is an experienced litigator whose practice focuses on intellectual property, international trade, and competition matters in federal tribunals around the country.
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
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…
Experience highlights
Taiwanese manufacturer. Obtained complete victory on behalf of Taiwanese manufacturer accused of infringing five patents in the International Trade Commission.
Software company. Obtained jury verdict of non-infringement and invalidity on behalf of software company in Texas federal court.
European stainless steel manufacturer. Following a forensic computer inspection, obtained default judgment and exclusion order on behalf of European stainless steel manufacturer in cross-border trade secret misappropriation matter in the International Trade Commission.
Software company. Obtained complete victory on behalf of software company accused of infringing four patents in the International Trade Commission.

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