University of Wisconsin Law School, J.D. (summa cum laude, Order of the Coif, Law Review)
University of Wisconsin-Madison, Dual B.S. (Graduated with Academic Distinction)
United States District Courts for Northern and Central Illinois
United States Court of Appeals for the Fifth, Seventh, and Federal Circuits
Jason Keener is a partner and Chair of the Firm’s Intellectual Property Group and a member of the Firm’s Litigation Group. Jason is an experienced litigator and trial attorney who has worked on a wide range of issues, with a focus on IP litigation, including patents, copyrights, trademarks, and trade secrets. Jason has a particular expertise in technology, software, and Internet related issues. His litigation experience includes trials throughout the country including a number in both the Northern District of Illinois and the Eastern District of Texas. As an alternative to district court litigation, he has also successfully invalidated numerous patents at the Patent Trial and Appeal Board. His practice has included extensive experience with defending companies facing patent infringement suits from non-practicing entities (with a focus on East Texas) through a variety of strategies, including pre-complaint aggression to avoid a complaint, preemptory declaratory judgment practice, invalidation of the patents through the Patent Office, coordination of joint defense groups to minimize costs, and defeat of the NPE at trial.
In addition to litigation, Jason also counsels senior executives regarding potential risks and mitigations of various business strategies, including clean room development of technology, engagement in joint venture activity with competing entities, assignment of intellectual property to holding companies, implementation of trade secret safeguards, and pursuit of former employees for improper competitive activity.
Jason received a B.S. in both computer science and political science from the University of Wisconsin-Madison in three years, and graduated with academic distinction. He received his J.D., summa cum laude, from the University of Wisconsin Law School, where he graduated as the top student in his class. Jason attended law school with a full merit scholarship and was also a member of both the Law Review and Moot Court. Prior to joining Fox Swibel, he was a partner at Foley & Lardner LLP.
- Successfully represented a major online marketplace with respect to numerous claims of patent infringement;
- Successfully represented a software developer against claims of patent infringement for its course management software;
- Represented a major sports league against claims of patent infringement for its online applications;
- Successfully represented a large software development company asserting copyright infringement and trade secret misappropriation against a competitor’s use of stolen source code;
- Represent multiple large financial institutions against claims of patent infringement for their check imaging systems;
- Successfully represented a major food manufacturing conglomerate against claims of patent infringement for its dairy products; and
- Successfully represented a major game manufacturer in asserting hundreds of claims of copyright and trademark infringement against a competitor.
Recent Deals and Publications
It is rare that the Patent Trial and Appeal institutes an inter partes review, but then issues a Final Written Decision finding all the subject claims not invalid.read more
“Having your day in court” is a well-known concept that suggests, absent exceptional circumstances such as a temporary restraining order, a court should not issue an injunction curtailing the activities of a company when that company has not had the opportunity to be heard.read more
Can a Patent be Both Abstract and Not-abstract: How Much Does the Factual Record Matter in Determining Questions of Patentable Subject Matter?
When a patent is challenged on subject matter eligibility grounds in an American Invents Act covered business method (CBM) review it is usually a good prediction that the subject patent is soon to be found invalid. However, two recent and related Patent Trial and...read more