Jason D. Eisenberg

Jason D. Eisenberg is a highly experienced patent litigation attorney and a Director at Sterne, Kessler, Goldstein & Fox, where he chairs the firm's Reexamination, Supplemental Examination, and Reissue Practice and is a director in the Electronics Practice Group. His practice spans a wide array of technical fields, including analog and digital electronics, optical measuring and testing, optical elements, optical and magnetic information storage and retrieval, antennas, software, hardware, artificial intelligence, machine learning, deep learning, natural language processing, bioinformatics, data signal processing, telecommunications, semiconductors, memory, lithography, battery chemistry, glass substrates, and content delivery networks (CDNs).

Eisenberg primarily represents defendants in patent disputes, with all six of his tracked appearances on the defendant side. His practice heavily features defense work for operating companies facing patent infringement allegations and challenges to patent validity. This is further reflected in his extensive Patent Trial and Appeal Board (PTAB) experience, where he has represented patent owners in approximately 200 cases, compared to 50 for petitioners.

His significant PTAB experience includes involvement in approximately 300 inter partes and post-grant reviews and 150 reexaminations. He was ranked among the top 50 attorneys overall and specifically among the top four performing attorneys representing patent owners before the PTAB in the 2023 Patexia PTAB Intelligence Report. Eisenberg has also served as editor-in-chief and a frequent author for the firm's monthly "PTAB Strategies and Insights" newsletter and has taught Patent Office Litigation at the university level.

Notable cases in his portfolio include Twinstrand Biosciences Inc. v. Guardant Health Inc., where he served as counsel defending Guardant Health against allegations of infringing DNA sequencing patents, which resulted in an $83.4 million jury verdict for willful infringement. While the district court denied Guardant's motion to overturn the verdict, it also denied enhanced damages, imposing a 6% ongoing royalty, and a Federal Circuit appeal was later dismissed by joint stipulation. He has also been involved as Respondent Counsel in Caihong Display Devices Co., Ltd. v. Corning Incorporated, an ITC dispute concerning glass substrate formulas for LCD panels where an initial ruling found non-infringement for Caihong's "616" formula. Additionally, Eisenberg acted as lead counsel for GOOGLE LLC in GOOGLE LLC v. Sandpiper Cdn LLC and Unified Patents v. Sandpiper Cdn LLC, cases involving content delivery network patents, where Google filed IPR petitions against the asserted patents.

Jason D. Eisenberg earned his J.D. from The Ohio State University Moritz College of Law, a B.S. in Electrical Engineering from The Ohio State University, and a B.S. in Accounting from the University of Maryland University College. He is admitted to practice in the District of Columbia and Ohio, before the U.S. Court of Appeals for the Federal Circuit, the Supreme Court of the United States, and the U.S. Patent & Trademark Office.