James R. Batchelder
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, Jim has been recognized by Chambers and named one of The World’s Leading Patent Practitioners, one of the Best Lawyers In America, and one of California’s Top Intellectual Property Lawyers. Jim has over 30 years of experience litigating high-stakes intellectual property cases in district courts and the ITC, and was named a PTAB “Legal Lion” by Law360.
Frequently lectures and publishes on intellectual property issues and strategy. Also volunteers as a coach for high school mock trial and debate teams.
- Defending Apple 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 Samsung in multiple patent infringement actions involving digital cameras and reduced area imaging devices.
- 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 and trade secret matters pertaining to software for price determination, resource allocation, and supply chain management.
- Representing Emerson in ITC, district court and PTAB actions arising in the field of mesh networking.
- Representing Palo Alto Networks in a patent infringement action pertaining to network traffic monitoring.
- Representing Huawei in multiple patent infringement actions pertaining to telecommunications technology and user interfaces.
- Representing Teradyne in an action for infringement of patent and copyrights, breach of contract.
- Representing Becton Dickinson in an action to redress trade secret misappropriation and related torts arising in the field of cytometry.
- Representing Tristar in an action for infringement of patents directed to innovations in collapsible hose technology.
- Representing IP Bridge in several patent infringement actions arising in the field of semiconductor manufacturing and wireless communication systems.
- Representing Egenera in an action for infringement of a patent directed to a reconfigurable virtual processing network.
- Defending Walker Edison in ITC and district court actions alleging copyright infringement.
- Represented TiVo in multiple ITC and district court patent infringement and contract actions involving interactive program guides and related technologies.
- 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 ITC and district court 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.
- Cited, “Fed. Circ. Sends Sipco Radio Patent Back To PTAB Again,” Law360 (May 17, 2022)
- Cited, “Fed. Circ. Upholds PTAB Ax Of Sipco Patent,” Law360 (May 3, 2022)
- Profiled, “California’s “Top Intellectual Property Lawyers 2021,” The Daily Journal (April 21, 2021)
- Cited, “Fed. Circ. Says Thryv Bars Appeals Of CBM Determinations,” Law360 (November 17, 2020)
- Cited, “SCOTUS ruling changes Fed. Circuit’s view of CBM appeals in Sipco, Emerson patent fight,” Reuters (November 17, 2020)
- Cited, “Supreme Court PTAB Ruling Applies to Business Method Review (1),” Bloomberg Law (November 17, 2020)
- Cited, “Skilled in the Art,” Law.com (May 1, 2020)
- Profiled, “California’s Top Intellectual Property Lawyers” The Daily Journal (March 18, 2020)
- Profiled, “California’s Top Intellectual Property Lawyers,” The Daily Journal (April 18, 2018)
- Cited, “Comcast X1 Set-Top Boxes Infringed 2 Rovi Patents, ITC Says,” Law360 (November 22, 2017)
- Cited, “Sipco Defends Wireless Network Patent To PTAB,” Law360 (November 13, 2017)
- Quoted, “Hsu Untied,” Silicon Valley lawyers podcast (August 26, 2017)
- Cited, “Federal Circuit Keeps Alice Patent Ruling in $533 Million Apple Suit,” Law360 (June 12, 2017)
- Cited, “Comcast, Manufacturers Infringe 2 Rovi Patents: ITC Judge,” Law360 (May 31, 2017)
- Cited, “Full Federal Circuit Urged to Eye Alice Nix in $533 Million Apple Case,” Law360 (April 17, 2017)
- Cited, “Federal Circuit Kills 3 Patents in $533M Apple Case Under Alice,” Law360 (March 1, 2017)
- Cited, “PTAB Won’t Revisit Smartflash Patent Claims Nixed by Apple,” Law360 (January 30, 2017)
- Cited, “Justices Won’t Hear Cuozzo Appeal of Apple Patent Win,” Law360 (January 17, 2017)
- Cited, “Apple Knocks Out More Patents In $533M Smartflash Case,” Law360 (November 15, 2016)
- Co-author, “SCOTUS declines to review appeal of first-ever CBM review decision,” Intellectual Property Magazine (September 2016)
- Quoted, “ 米国司法を取り巻く米国の民事訴訟と司法調査の最新動向 (Recent developments in U.S. Civil Litigation and DOJ Investigations),” Business Law Journal No.102 (July 21, 2016)
- Cited, “Smartflash Patent Claim Axed In Row With Apple, Samsung,” Law360 (April 1, 2016)
- Cited as “Legal Lion,” “Law360's Weekly Verdict: Legal Lions & Lambs,” Law360 (March 31, 2016)
- Cited, “Smartflash Patent Claim in $533M Apple Case Axed by PTAB,” Law360 (March 29, 2016)
- Cited, “Apple, Samsung Deal Blow to Smartflash Patent Claim,” Bloomberg BNA Patent, Trademark & Copyright Journal – Daily Edition (March 29, 2016)
- Cited, “Federal Circuit Backs Apple Win in AIA Biz Method Review,” Law360 (December 15, 2015) (Subscription required)
- Cited, “Apple Wins Patent Fights Over iTunes and the iPhone,” The San Francisco Recorder (December 15, 2015)
- Cited, “Fed. Circ. Grants Stays To Apple, Samsung In Smartflash Case,” Law360 (July 10, 2015) (Subscription required)
- Cited as “Legal Lion,” “Law360's Weekly Verdict: Legal Lions & Lambs,” Law360 (July 9, 2015) (Subscription required)
- Cited, “Judge Tosses $533M Verdict Against Apple in Patent Row,” Law360 (July 7, 2015) (Subscription required)
- Cited, “Apple Dodges Potential $1.6B Award In Smartflash IP Suit,” Law360 (July 2, 2015) (Subscription required)
- Quoted, “Justice overturn patent appeals court again,” Daily Journal (June 3, 2014)
- Quoted, “Supreme Court Eases Fee Shifting in Patent Cases,” The Recorder (April 29, 2014)
- Quoted, “Industry Watching as Supreme Court Moves to Pin Down Rules for Software Patents,” The Recorder (March 28, 2014)
- Co-author, “Cutting edge changes in the ‘patent exhaustion’ doctrine,” Inside Counsel (February 7, 2014)
- Co-author, “Tech Companies Should Soon Find It Easier to Punish Bad Faith Patent Litigation Tactics,” Inside Counsel (Jan. 24, 2014)
- Quoted, “In US, 2014 Promises Bad News for Patent Trolls and Trademark Owners,” Intellectual Property Watch (January 15, 2014)
- Quoted, “How They Won It: Finnegan, Ropes Win 1st-Ever AIA Challenge,”Law360 (July 2013) (Subscription required)
- Quoted, “White House Takes on 'Patent Trolls,”Corporate Counsel (June 2013)
- Co-author, “Intervening Wrong: A divided Federal Circuit guts the ‘intervening rights’ doctrine,”The Recorder (June 2012)
- James Batchelder, “Induced Infringement Made (not) Easy,”The Recorder (July 2011)
- James Batchelder and Lauren Robinson, “Seven Tips For Securing A Disclaimer Ruling in Markman Proceedings,”Chapter, Inside The Minds: Developing A Patent Strategy (Aspatore Books) (2011)
- Speaker, “Patent Monetization in Silicon Valley – Licensing and Navigating Efficient Infringement,” Practising Law Institute’s “USPTO Post-Grant Trials 2018: Change & Recalibration” seminar (May 15, 2018)
- 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
- JD, University of California, Los Angeles School of Law, 1988
- BA, Franklin & Marshall College, 1985; Phi Beta Kappa
Admissions / Qualifications
- California, 1988
- 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
- Chambers USA: America's Leading Lawyers for Business
- IAM Patent 1000: The World's Leading Patent Practitioners
- The Best Lawyers in America – Litigation & Patent Law
- The Daily Journal’s “Top IP Litigators in California”
- Benchmark Litigation
- Legal 500
- Managing IP – “IP Star"
- Northern California Super Lawyers
- San Francisco Magazine - “Top Attorneys In Northern California"
- PLC Which Lawyer - Intellectual Property
- Litigation Star, Benchmark Litigation
- National Star for Intellectual Property, Benchmark Litigation