Overview

Jason Gardner focuses his practice on intellectual property law. He helps established and start-up companies acquire patent assets, monetize patent assets, manage patent-related risks associated with developing and releasing new products, and assert patent rights. He is experienced in appeals to both the Federal Circuit Court of Appeals and Patent Trial and Appeal Board, establishing and implementing patent procurement programs, conducting intellectual property due diligence, and performing portfolio evaluations. He is a registered patent attorney and provides advice for quickly building patent portfolios and to leverage value for furthering strategic business objectives. He also helps clients in connection with inter partes reviews and covered business method patent reviews.

Mr. Gardner regularly evaluates patent rights and renders opinions with respect to invalidity, infringement, freedom-to-operate issues, and design-around options. He also prepares and prosecutes domestic and international patent applications and manages domestic and international patent portfolios. He has experience handling patent disputes and drafting intellectual property licensing agreements.

Mr. Gardner’s technical experience broadly covers many electrical, software, and mechanical areas, including wireless telecommunications, FinTech, healthcare IT, image processing and projection, Internet applications, semiconductor devices, medical devices, energy production, hydrocarbon extraction, financial services software, predictive modeling, construction machinery, and autonomous vehicles.

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Experience

Obtained patent protection for a privately-held broadband communications company.  The protection covered the company's video signal processing and transmission innovations that broadened the channel options for visual data communication.  We also supported the sale of our client's valuable patent portfolio.

Seeking patent protection for autonomous vehicles developed through a joint venture between the world's leading manufacturer of farm equipment and a company that designs and builds robots. The innovations provide sophisticated vehicles that can travel autonomously to support military and civilian applications.

Obtain meaningful and global patent protection and provide advice on patent-related transactional issues for a global entertainment technology company. Our work supports the company's film processing and film delivery innovations that provide immersive cinema experiences for audiences. We also counsel the client on internal procedures for cultivating and protecting the company's valuable intellectual property.

Advise a major outsourcing company for the pharmaceutical industry on identifying potentially valuable intellectual property and provide acquisition services to obtain protection in the U.S. and internationally for identified intellectual property. The company has sought protection for clinical trial management and data analysis innovations that support successful clinical trial processes.

Provides patent procurement and counseling services to a world-leading provider of wireless technology and services. Works with the company's technical personnel and in-house legal counsel to identify and strategically protect the company's innovations, conducts patent due diligence and clearance analyses.

Represents Equifax Inc., one of the United States' largest credit reporting agencies, in their patent related matters by assisting in obtaining meaningful patent protection for software and web-related solutions that manage credit and other consumer data. The firm counsels Equifax on licensing, design arounds and third-party patent rights in a crowded technology area to understand the scope of those third-party rights.

Provides patent procurement and counseling services to Adobe Systems Incorporated, one of the largest and most diversified software companies in the world. The company offers creative, business and mobile software and services used by creative professionals, knowledge workers, consumers, original equipment manufacturer (OEM) partners and computer programmers. Much of the firm's work has focused on the software and services used to create, manage, deliver and engage with compelling content and experiences across multiple operating systems, devices and media. The firm works closely with the key technical and business personnel to identify and protect innovations with patent protection to achieve the company’s strategic corporate goals. The firm also counsels the company with respect to patent strategy.

The firm served as lead counsel in the representation of Epic Systems Corporation, a leading Wisconsin-based health care software company, against claims of patent infringement in a suit involving Internet-based doctor-patient communications software. The district court held that Epic and its health care provider customers did not and could not infringe the patent. The case settled while on appeal. McKesson Info. Solutions v. Epic Sys. Corp., No. 06-2965 (N.D. Ga. filed Dec. 6, 2006), No. 2010-1291 (Fed. Cir. Apr. 12, 2011).

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Education

Wake Forest University School of Law, J.D. (2005)

University of North Carolina at Charlotte, B.S., Electrical Engineering (2002) cum laude

Admissions

North Carolina (2014)

Georgia (2005)

Court Admissions

U.S. Patent and Trademark Office (2006)

U.S. Court of Appeals for the Federal Circuit

U.S. District Court for the Northern District of Georgia

Supreme Court of Georgia

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Professional & Community Activities

Wake Forest Intellectual Property Law Journal, Board of Advisors, Member

American Bar Association, Member

American Intellectual Property Law Association, Member

Federal Bar Association, Member

State Bar of Georgia, Intellectual Property Law Section, Member

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