Jon A. Birmingham

Jon A. BirminghamPartner

Los Angeles
21700 Oxnard Street
Suite 1740
Los Angeles, CA 91367VCard
818.715.7025 
818.715.7033 fax
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Education

J.D., University of Illinois College of Law, 2000, cum laude
B.S., Mechanical Engineering, Northwestern University, 1997

Services

Technical Areas

Bar & Court Admissions

CaliforniaIllinoisU.S. Patent and Trademark OfficeU.S. Supreme CourtU.S. Court of Appeals for the Federal CircuitU.S. Court of Appeals for the Seventh CircuitU.S. District Court for the Central, Southern, Northern, and Eastern Districts of CaliforniaU.S. District Court for the Northern District of Illinois

Recognition

Selected for inclusion in Southern California Super Lawyers — Rising Stars, 2012–2013, a distinction given to each state's top up-and-coming lawyers
Selected for inclusion in Illinois Super Lawyers — Rising Stars, 2008–2011

Jon A. Birmingham is a patent attorney and litigator who is particularly skilled at coordinating the prosecution of complex patent families on a global scale. Jon’s practice has a strong focus on mechanical opinion and prosecution matters, including the creation of strategies to protect high-value products.

A wide range of clients rely on Jon’s counsel. For over a decade, he has represented Fortune 500 companies as well as small and midsized companies in intellectual property litigation, opinion matters, and patent prosecution matters (including protecting designs).

Jon has handled complex litigation involving a broad range of technologies. These include electronic medical devices, fluid systems, printing presses, optical recognition software, network management software, and injection-molded automotive components.

Jon maintains an active patent prosecution and client counseling practice in a variety of technologies, particularly those involving the mechanical arts, such as high-speed automated equipment, consumer food product packaging, irrigation devices, automotive timing and transmission systems, household organizational products, and commercial printing equipment. He has participated in a number of intellectual property due diligence studies, product clearance studies, and IP value assessments.

Jon is a member of Fitch Even's Executive Committee.



Limestone Memory Systems LLC v. Micron Technology, Inc. (C.D. Cal. 2015). Currently represents plaintiff in patent infringement actions against Micron, Dell, Lenovo, Hewlett-Packard, Kingston, OCZ Storage Solutions, PNY Technologies, Transcend, Acer, and Apple relating to memory chips that incorporate DRAM technology.

Belava, LLC v. TNG Worldwide, Inc. (C.D. Cal. 2015). Represented plaintiff in design patent and trade dress litigation relating to spa products, including with filing of motion for preliminary injunction. Case settled.

Belava, LLC v. Fuji Nails, Inc., et al. (C.D. Cal. 2015). Represented plaintiff in design patent and trade dress litigation related to spa products. Court entered consent judgment and permanent injunction.

Taran Tactical Innovations, LLC v. Adrian Cobb (C.D. Cal. 2015). Represented defendant in patent ligation relating to base pads for firearm magazines. Case settled.

SOTA Semiconductor LLC v. NVIDIA, Inc., et al. (C.D. Cal. 2014). Currently represents plaintiff in patent infringement action against NVIDIA, Acer, ASUS, Hewlett-Packard, Lenovo, and Microsoft relating to microprocessors integrated in mobile phones.

SOTA Semiconductor LLC v. Marvell Semiconductor, Inc., et al. (C.D. Cal. 2014). Represented plaintiff in patent infringement action against Marvell, Belkin, Dell, Hewlett-Packard, Hisense USA, Konica Minolta, Lenovo, Netgear, Samsung, Seagate, and Western Digital, relating to microprocessors.

Alexsam, Inc. v. UnitedHealth Group Incorporated (E.D. Tex. 2007-11). Represented patentee in claims of infringement under patents relating to systems for conducting transactions for managing medical savings account cards. Obtained settlement on the eve of jury selection.

Taye, Inc. v. Drum Workshop, Inc. (C.D. Cal. 2007). A patent infringement case in which Jon personally handled the Markman briefing and oral argument. The case settled after a favorable Markman ruling.

Liquid Dynamics Corp. v Vaughan Co. Inc. (N.D. Ill. 2001-07; Fed. Cir. 2003, 2006). Patent litigation, two successful Federal Circuit appeals; jury verdict in Fall 2004 at 45% royalty, treble damages, and attorneys’ fees; bench trial for contempt proceeding.

Rain Bird Corporation v. Hit Products Corporation (C.D. Cal. 2004). A patent/trade dress case in which Jon helped Rain Bird to obtain a preliminary injunction based on a contested motion filed over 16 months after the complaint.

Presentations

  • "Updates on Design Patent Law: The Hague Agreement and U.S. Design Patent Enforcement," Fitch, Even, Tabin & Flannery Webinar, with Conor S. Hunt, September 30, 2015.
  • "Protection by Design: A Comparison of U.S. and European Design Protection," Fitch, Even, Tabin & Flannery Webinar, June 29, 2011.

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