James R. Batchelder

Partner

batchelder-james-r
  • JD, University of California, Los Angeles, School of Law, 1988
  • BA, Franklin & Marshall College, 1985; Phi Beta Kappa

Qualifications

  • California, 1988

Court Admissions

  • U.S. Court of Appeals for the Federal Circuit, 2002
  • U.S. Court of Appeals for the Ninth Circuit, 1988
  • U.S. Court of Appeals for the Fourth Circuit, 2003
  • U.S. District Court for the Northern District of California, 1988
  • U.S. District Court for the Central District of California, 2010
  • U.S. District Court for the Southern District of California, 1999
  • Legal 500
  • Chambers USA: America's Leading Lawyers for Business (2016-2017)
  • “The Daily Journal’s ‘Top 75 IP Litigators in California’”
  • The Best Lawyers in America  Litigation
  • Managing IP – “IP Star" 
  • Northern California Super Lawyers 
  • IAM Patent 1000 - The World’s Leading Patent Practitioners
  • San Francisco Magazine - Top Attorneys In Northern California"
  • PLC Which Lawyer - Intellectual Property 
  • Litigation Star, Benchmark Litigation
  • National Star for Intellectual Property, Benchmark Litigation

James R. Batchelder

Partner

After serving as managing partner of the firm’s Silicon Valley and San Francisco offices, Mr. Batchelder is now a member of Ropes & Gray's governing Policy Committee. A trial lawyer in its intellectual property litigation group, Mr. Batchelder has been recognized by Chambers, and named one of The World’s Leading Patent Practitioners and one of California’s Top Intellectual Property Lawyers. He has over 27 years of experience litigating high-stakes intellectual property cases in district courts, the ITC and the PTAB, where he has been named a “Legal Lion” by Law360.

Mr. Batchelder frequently lectures and publishes on intellectual property issues and strategy. He also volunteers as a coach for high school mock trial and debate teams.

Experience

  • Defending the world’s leading consumer electronics company in multiple patent infringement actions involving electronic sale and transmission of music and video, fast booting of computer operating system, real-time transaction processing, graphical user interface delivery, data storage and access systems, and digital rights management.
  • Defending HP in multiple patent infringement matters pertaining to embedded servers, website testing, data analytics, band-limited channel allocation, and audio compression.
  • Defending SAP in multiple patent infringement matters pertaining to software for price determination, resource allocation, and supply chain management.
  • Representing TiVo in multiple patent infringement and contract actions involving interactive program guides and related technologies.
  • Representing Emerson in a PTAB action involving a patented transceiver claimed to facilitate communication between a remote device and a server.
  • BitTitan v. SkyKick. Defended SkyKick in action asserting a patent directed to cloud-based data migration.
  • Novitaz v. Swirl. Defended Swirl in action asserting a patent directed to location-based marketing. 
  • Motorola v. Microsoft. Represented Motorola in patent infringement actions involving the Xbox 360, Windows 7 and Internet Explorer 9.
  • Applied Medical v. Ethicon Endo-Surgery. Represented Applied to redress unfair competition and false advertising in medical device market.
  • Qualcomm Inc. v. Maxim, et al. Represented Qualcomm in asserting claims of trade secret misappropriation and patent infringement.

Publications

Presentations

  • Speaker, “10 Defensive Strategies All High-Tech Companies Need to Know,” LOT Network Bridge All Members Meeting (May 11, 2017)
  • Speaker, The Use of Experts at Trial, California Trial Evidence 2016, San Francisco, October 27, 2016 
  • Moderator, The Future of Trade Secrets and the DTSA, MIP Trade Secrets Forum, September 27, 2016
  • Speaker, “米国弁護士から学ぶ最新動向 (Recent Developments in U.S. Litigation),” hosted by Epiq Systems (Tokyo and Osaka, Japan), May 2016
  • Speaker, The Real World Impact of Recent Supreme Court Patent Decisions, Association of Corporate Counsel - Bay Area Chapter, May 12-13, 2015
  • Speaker, Best Patent Practice, Stanford e-Commerce Best Practices Conference, June 16, 2014
  • Speaker, Insisting That Trolls Play Fair, Ropes & Gray Tokyo Morning Briefing, April 24, 2014
  • Speaker, Hot Venues: Delaware, Texas, Chicago & California, Ropes & Gray IPMC Financial Services Roundtable, April 7, 2014
  • Speaker, Patent Challenges at the USPTO: What You Need to Know to Make Effective Use of Post-Grant Challenges, Ropes & Gray West Coast Lunchtime Legal Briefing Teleconference, July 2013
  • Panelist, ITC Reform and the Future of Injunctive Relief, IP Counsel Café – Pressured to Monetize: Are We All Becoming Patent Trolls?, Silicon Valley, April 2013
  • Speaker, Year in Review: 2012 Patent Litigation Legal Landscape and Lessons Learned, Association of Corporate Counsel - Bay Area Chapter, January 2013
  • Speaker, News from the IP Front: The Federal Circuit’s Akamai Opinion and Updates on the America Invents Act, Ropes & Gray Asia Morning Briefing Teleconferences, September 2012
  • Speaker, News from the IP Front: The Federal Circuit’s Akamai Opinion and Updates on the America Invents Act, Ropes & Gray CLE Seminar, Silicon Valley, September 2012
  • Speaker, Patent Risk and Monitoring, Stanford Law School 9th Annual E-Commerce Best Practices Conference, Stanford, California, June 2012
  • Panelist, Collaborative Defense: Does It Work?, IP Counsel Café - Patent Reform: Is It All That We Had Hoped For?, Silicon Valley, April 2012
  • Speaker, Ropes & Gray IP Master Class - Financial Services Roundtable, New York, NY, April 2012
  • Speaker, Patent Wars and Antitrust Counterattacks: Managing Two Worlds When They Collide, Association of Corporate Counsel - Bay Area Chapter, July 2011
  • Speaker, IP Implications in the Gaming World, Licensing Executives Society - Silicon Valley Chapter Conference: Video Games: Meeting the IP and Competitive Challenges, June 2011
  • Speaker, How Good Patent Claims are Killed by Bad Specifications and Prosecutions - A Sharpshooter's Guide for Patent Prosecutors and Litigators, Association of Corporate Counsel - Bay Area Chapter, February 2011