Jason M. Wilcox

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A few more checks on PTAB experience and case outcomes.

Jason M. Wilcox — Patent Litigation Practice Summary

Jason Wilcox is an intellectual property partner in the Washington, D.C., office of Kirkland & Ellis LLP, where his practice centers on complex IP disputes at both the trial and appellate levels. He holds an undergraduate degree in computer science, and the technology profile of his patent work reflects that: aerial imagery and 3D roof-estimation software (EagleView/Xactware), continuous glucose monitoring for diabetes (Abbott/Dexcom), digital mobile radio and telecom standards (Motorola/Hytera), and consumer software and electronics. He has also published on standard-essential patent valuation issues. Firm and Legal 500 descriptions consistently emphasize his appellate work—he has argued more than twenty cases in the courts of appeals—alongside district court litigation and motions practice.

Side preference. The tracked record is genuinely balanced: four plaintiff-side and five defendant-side appearances. He does not fit a plaintiff/NPE or defense-only profile. He has represented patent owners asserting infringement (EagleView, Abbott Diabetes Care) and operating companies accused of infringement (including Facebook/Summit 6, Cisco in SRI International, and Google in the EcoFactor v. Google appeal), with clients being established technology and life-sciences companies rather than assertion vehicles.

Firm context. Wilcox has spent essentially his entire post-clerkship career at Kirkland & Ellis, serving as an associate from 2011 to 2015 and as a partner since. Before Kirkland, he clerked for Justice Antonin Scalia of the U.S. Supreme Court and Judge Jeffrey S. Sutton of the Sixth Circuit, and he was a Lecturer at the University of Chicago Law School from 2016 to 2020.

Notable cases and outcomes. He was on the appellate team for EagleView in its dispute with Xactware/Verisk, securing a Federal Circuit affirmance (Nos. 2018-1053 et al., March 6, 2019) upholding the PTAB's validity findings on four EagleView patents, following a $125 million jury verdict for willful infringement in D.N.J. He was also on the Kirkland appellate team for Motorola Solutions in Motorola Solutions v. Hytera Communications, 108 F.4th 458 (7th Cir. 2024), where the Seventh Circuit affirmed $135.8 million in compensatory and $271.6 million in punitive DTSA damages (remanding the copyright damages), part of judgments exceeding $620 million. He is additionally tied to the Abbott/Dexcom patent-and-contract litigation, which produced a Federal Circuit ruling on contract interpretation (23-1795, Jan. 3, 2024) reversing a denial of preliminary injunctive relief. PTAB/IPR: the record shows him engaged with PTAB issues arising inside these litigations—EagleView defended against roughly thirteen Xactware IPR petitions, and the Abbott/Dexcom dispute turned in part on whether IPR filings breached a no-challenge covenant—though the public record does not show him as a frequent individual PTAB advocate the way it does his court-of-appeals arguments.

Bar/education. Admitted in Texas (2011) and the District of Columbia (2012), USPTO-adjacent and admitted before the Supreme Court, the Federal Circuit, and numerous regional circuits; J.D., University of Chicago Law School (2009, high honors, Order of the Coif); B.S. Computer Science, Portland State University (2004).