Jared J. Braithwaite

Partner

Overview

Jared Braithwaite is a partner and intellectual property litigation lawyer with Foley & Lardner LLP. He is based in the firm’s Salt Lake City office where he is a member of the Innovative Technology and Health Care & Life Sciences Sectors.

Jared’s practice combines litigation, intellectual property procurement, data security, and privacy, bringing a 360-degree perspective to protecting and enforcing intellectual property assets and mitigating information risk. His clients turn to him for a wide range of business disputes and litigation, including patent, trademark, copyrights, unfair competition, trade secrets, and other matters relating to business contracts. His representative clients are active in software and information technology, communications, electronics, consumer products, pharmaceutical, medical devices, and biotechnology.

Jared has appeared before the International Trade Commission (ITC), as well as state and federal courts across the country, including the U.S. Supreme Court and the U.S. Court of Appeals for the Federal Circuit.

Additionally, Jared has experience counseling clients on cutting-edge data protection issues, including privacy policies, regulation compliance, incident response planning and preparedness, and due diligence in corporate transactions. He is a Certified Information Privacy Professional (CIPP/US), a Certified Information Privacy Technologist (CIPT), and participates in the leadership of the Utah Bar’s Cyberlaw and Privacy Section and the Data Security Board for the Utah Chapter of the United Way.

Representative Matters*

  • Providing ongoing representation for leading fitness company in patent, trademark, trade secret, advertising, and unfair competition lawsuits in courts across the United States, including the International Trade Commission.
  • Represented startup optical communications company to secure early dismissal and responsive industry messaging against unfounded trade secret misappropriation and unfair competition claims brought by an established competitor interfering with the startup’s business.
  • Represented leading basketball backboard manufacturer against major competitor in multi-forum patent litigation in the U.S. District Courts and International Trade Commission to collect patent royalties on a substantial portion of the market not covered by the client’s own sales.
  • Represented software company with respect to software source code misappropriation by a customer in bet-the-company litigation and secured preliminary injunction and multimillion dollar jury verdict based on copyright infringement, trade secret misappropriation, and other wrongs.

*Certain of these matters were handled prior to joining Foley.

Recognition

  • Recipient, The Best Lawyers in America; Litigation – Intellectual Property, Litigation – Patent (2022)
  • Recipient, Mountain States Super Lawyers, Intellectual Property (2013-2019)
  • Recipient, Utah Business Magazine’s Legal Elite, Intellectual Property (2011, 2015, 2018-2019)

Presentations and Publications

  • Speaker, “Mitigating Cybersecurity Risks During the COVID-19 Response,” Webinar (April 20, 2020)
  • Speaker, “California’s Consumer Privacy Act,” Utah Bar Association, Intellectual Property Section (November 20, 2019)
  • Author, “A Legal Perspective on Data Security for Small Businesses,” Utah Business Magazine (October 16, 2019)
  • Speaker, “California’s Consumer Privacy Act,” Utah Bar Association, Cyber Law Section (October 2019)
  • Author, “Why Your Intellectual Property Counsel Should Understand Your Business,” Orange County Business Journal(August 2019)
  • Panel Moderator, “Advising Emerging-Growth Tech Companies: Venture Funding, Growing Legal Operations, Privacy Plain, and Beyond”, 2019 Utah iSymposium (April 24, 2019)
  • Speaker, Utah Business Legal Roundtable, (April 17, 2019)
  • Speaker, Utah Business Cybersecurity & Digital Privacy Roundtable (January 9, 2019)
  • Speaker, “What Does My Lawyer Have to do with Cybersecurity,” 2018 Utah Business Cybersecurity Summit (October 18, 2018)
  • Speaker, “California Consumer Privacy Act of 2018,” Presentation to the Cyberlaw & Privacy Section of the Utah State Bar (August 15, 2018)
  • Speaker, “California’s Consumer Privacy Act of 2018,” Utah Bar Association, Cyber Law Section (August 2018)
  • Author, “Cybersecurity to Protect Trade Secrets,” Orange County Business Journal (February 2018)
  • Author, “Inside Job: Cybersecurity to Protect Trade Secrets,” Utah Business Magazine (September 2017)

Education

  • Brigham Young University, J. Reuben Clark Law School (JD, 2009)
  • University of Utah (BS, 2006)

Professional Memberships

  • Co-Chair, eDiscovery Committee, ABA Intellectual Property Law Section (since 2015)
  • Secretary, David K. Winder Intellectual Property American Inn of Court (since 2016)
  • Vice-Chair, Cyberlaw & Privacy Section of the Utah State Bar (Secretary 2018-2019)
  • Registered Patent Attorney
  • Certified Information Privacy Professional/US (CIPP/US)
  • Certified Information Privacy Technologist (CIPT)

Admissions

  • Utah
  • California
  • U.S. Supreme Court
  • U.S. Court of Appeals for the Federal Circuit

Capabilities