James Wilcox focuses his practice on intellectual property litigation and patent prosecution. His experience encompasses numerous trials and a variety of aspects of patent litigation and false advertising litigation in multiple forums, including the district courts, appellate courts, and the Patent Trial and Appeal Board. James has experience with pre-litigation analysis and strategy preparation; drafting of pleadings, motions, and replies; working with experts – from initial identification through expert reports, deposition and pre-trial preparation; analyzing and preparing non-infringement and invalidity contentions; overseeing document production and review; preparing written discovery requests and responses; taking and defending depositions of fact and expert witnesses, including 30(b)(6) designees; and summary judgment briefing. He has handled litigation matters involving a broad spectrum of technologies, including consumer goods, software, pharmaceuticals and polymer additives.
As a patent prosecutor, James drafted and prosecuted patent applications in a variety of technological areas, including those involving the consumer goods, electrical, chemical, electromechanical and materials science arts. His technical knowledge in these fields is rooted in his strong physics background developed while obtaining his degree from the Florida State University.
While pursuing his juris doctorate, James worked for Human Rights Quarterly, was the president of the Intellectual Property Law Society, the treasurer of the Intellectual Property society and the intellectual property representative to the Student Bar Association.
James has been honored by Best Lawyers in America© since 2021 in the Best Lawyers: Ones to Watch edition in the areas of Intellectual Property Law, Litigation: Intellectual Property, and Patent Law.
- Concordia Pharmaceuticals Inc. v. Method Pharmaceuticals, LLC (W.D. Va.) [obtained jury verdict and treble damages for false advertising under the Lanham Act]
- Cheese Systems, Inc. v. Tetra Pak Cheese and Powder Systems, Inc. (W.D. Wisc.) [represented patent owner; obtained summary judgment of infringement, case settled during presentation of Plaintiff’s damages and willfulness case at trial]
- Women’s Choice Pharmaceuticals, LLC v. Burel Pharmaceuticals, Inc. (S.D.Miss.) [successfully represented plaintiff on claims of trademark infringement and false advertising and against defendant’s counterclaims for tortious interference]
- JSDQ Mesh Technologies LLC v. Lazy Days’ R.V. Center Inc. (D.Del.) [represented accused patent infringer; case favorably resolved after claim construction hearing]
- Ellsworth v. Mission22, (S.D. Ind.) [proudly represented special forces veterans group working against PTSD pro bono against allegations of copyright infringement]
University of Cincinnati College of Law, J.D., 2011
Florida State University, B.S., 2008, Physics, Government
- U.S. District Court for the Eastern District of Virginia
- U.S. Patent and Trademark Office