James S. Blank’s practice focuses on patent litigation. His experience includes litigating patent cases involving liquid crystal displays, silicon crystals, optical components, high-speed data communications cables, MP3 players, video game systems and controllers, Web analytics, computer-aided detection for digital and film-based mammography, Internet ad serving and Internet browsers. He has been lead counsel in numerous patent litigations and, as such, has first chaired or co-first chaired Markman hearings, trials and arbitrations.
James’ representative patent litigations have included:
- Tomita Technologies Int’l Inc. v. Nintendo Co., Ltd. (stereoscopic (3D) image capture and display devices) (S.D.N.Y.)
- Mednovus, Inc. v. QinetiQ Limited et al. (devices for detecting ferromagnetic objects) (C.D. Cal.)
- QinetiQ Limited v. Oclaro, Inc. (optical components, including multi-mode interference devices) (D. Del.).
- Tsera, LLC v. Apple, Inc. et al. (portable electronic devices having touch-sensitive surfaces) (E.D. Tex.).
- Sumco Corp. v. QinetiQ Limited (silicon crystals) (D. Ariz.).
- Nexans Inc. v. General Cable Technologies Corp. (high-speed data communications cables) (E.D. Pa.).
- Anascape, Ltd. v. Microsoft Corp. and Nintendo of America Inc. (video game controllers and pressure sensors) (E.D. Tex.).
- TouchTunes Music Corp. v. Rowe International Corp. et al. (digital downloading jukeboxes) (S.D.N.Y.).
- PA Advisors LLC v. Google, Yahoo, Facebook, 24/7 Real Media et al. (method for generating personalized user profiles) (E.D. Tex.).
- NetRatings, Inc. v. WebSideStory, Inc. and WebSideStory, Inc. v. NetRatings, Inc. (Web analytics) (S.D.N.Y. and S.D. Cal.).
- QinetiQ Limited v. Samsung (super-twisted nematic (“STN”) liquid crystal displays) (E.D. Tex.).
- QinetiQ Limited v. Picvue Electronics, Ltd. (STN liquid crystal displays) (E.D. Tex.).
- Rexall Sundown, Inc. v. Weider Nutrition International, Inc. and Leiner Health Products, Inc. (tablet making methods) (W.D. Wisc.).
- R2 Technology, Inc. v. iCAD, Inc. (computer-aided detection for digital and film-based mammography) (American Arbitration Association).
- 24/7 Real Media, Inc. v. ValueClick, Inc. and Mediaplex Inc. (Internet ad serving) (S.D.N.Y.).
- DoubleClick, Inc. v. Sabela Media, Inc. and 24/7 Media, Inc. v. DoubleClick, Inc. (Internet ad serving) (S.D.N.Y.).
- Wang Laboratories, Inc. v. America Online, Inc. (Internet browsers) (E.D. Va.).
- General Electric Co. v. Nintendo Co., Ltd. (video game systems) (D.N.J.).
- Alpex Computer Corp. v. Nintendo Co., Ltd. (video game systems) (S.D.N.Y.)
His additional representative intellectual property litigations include:
- Marine Magnetics Inc. v. Geometrics Inc. (marine magnetometers) (false advertising and unfair competition) (C.D. Cal.).
- Joint Stock Company Lomonosov Porcelain Plant v. Ross-Simons, Inc. and Home Essentials & Beyond Inc. (porcelain tableware) (trademark, trade dress, and false advertising) (S.D.N.Y.).
- Blue Brew Corporation v. Ecko Complex LLC (reversible denimwear) (patent, trade dress and copyright) (S.D.N.Y.).
- Robot Wars LLC v. Roski et al. (robotic combat events) (trade dress) (S.D.N.Y.).
- Cable Satisfaction International Inc. v. Rothschild Inc. et al. (trade secret) (N.Y. Sup. Ct.).
James’ pro bono work has included obtaining the release from Texas death row and exoneration of Ernest Willis in October 2004 in federal habeas corpus proceedings – at the time, only the seventh prisoner released from Texas death row since the death penalty was reinstituted in Texas in 1976. The decision, Willis v. Cockrell, is reported at 2004 WL 1812698 (W.D. Tex. 2004). As lead counsel on this matter, James first chaired two weeks of evidentiary hearings in Texas state court on Mr. Willis’ state habeas corpus petition. James’ decade-long work as lead counsel on this matter has been featured in numerous publications and broadcast reports including ABC News’ Nightline, the January 2005 edition of The American Lawyer, and the September 7, 2009 edition of The New Yorker. For this representation, the Association of the Bar of the City of New York awarded James the Thurgood Marshall Award.
In the Market
- Managing IP Interviews Blank on Berk-Tek Victory and Key Takeaways November 25, 2015
- Kaye Scholer Achieves First-Ever Federal Circuit Reversal of an AIA Validity Determination November 9, 2015
- Kaye Scholer Advises Fashion Tech Startup on Major Deal with Macy’s June 23, 2015