Overview

Jose L. Patiño is a patent trial lawyer who is a partner in the Intellectual Property Litigation Practice of Foley & Lardner LLP. He represents companies in high-stakes intellectual property disputes. Jose has argued before the courts of 20 different states and has extensive experience with patent litigation-specific proceedings, including before the International Trade Commission, and as special intellectual property counsel in U.S. Bankruptcy Court. Among prominent representations, he successfully defended Bridge Medical by securing a judgment of unenforceability of the asserted patent at trial and a precedential affirmance on appeal (McKesson Info Solutions v. Bridge Medical, 487 F.3d 897).

Jose has represented companies in a variety of industries, including Actiontec, Dassault Systèmes Simulia Corporation, ESET, Huawei Technologies, Instradent USA, Jabil Circuit, Kyocera Corporation, ReShape Medical, Inc., and Workplace Technologies Research, Inc.

Thought Leadership

Jose writes and publishes articles and continuing education materials focusing on patent litigation and practice development issues. His most recent article, entitled “When patent ‘pirates’ and ‘trolls’ go to war over enhanced damages,” was published in the April 2016 edition of Intellectual Property Magazine. Jose is a Master of the J. Clifford Wallace Chapter of the American Inns of Court.

Recognition

Jose has been recognized in The Best Lawyers in America© since 2011 in the areas of litigation-intellectual property and litigation – patent. He has also been selected for inclusion in the San Diego Super Lawyers® list since 2008 for intellectual property litigation. Jose was awarded the Pro Bono Publico Award by the Casa Cornelia Law Center Inn of Court in 2012 for his contributions to its asylum practice.

Education

Jose received his law degree from the Harvard Law School (J.D., 1990) and then served as a law clerk to the Honorable Judith N. Keep, the chief judge of the U.S. District Court for the Southern District of California. He earned his undergraduate degree from the University of California, Davis (A.B., magna cum laude, 1987).

Admissions

Jose is admitted to practice in California and Michigan, before the U.S. Supreme Court, and before multiple Courts of Appeal and U.S. District Courts throughout the country.

Languages

Jose is fluent in Spanish.

Select Presentations

  • “Damages and Remedies,” Proving and Guarding the Real Value of IP, 14th Annual Foley IP Conference, CLE Presentation, September 29, 2018
  • “IP Litigation Considerations for Autonomous Vehicles,” AutoLex: Autonomous Vehicle Legal Forum 2018, CLE Presentation, September 25, 2018
  • “Winning Strategies for Defendants,” Boosting Your IP Fitness for the Next Business Cycle, 12th Annual Foley IP Conference, CLE Presentations, September 16, 2016
  • "Good or Bad? The Amended Federal Rules of Civil Procedure’s Impact on Intellectual Property Litigation,” 2016 Hispanic National Bar Association Corporate Counsel Conference, CLE Presentation, March 17, 2016
  • “Advanced E-Discovery Issues,” Foley Advanced U.S. Patent Litigation Seminar Series (Session 5), CLE Presentations, January 27 (Tokyo) and January 28 (Osaka), 2016
  • “The Supreme Court Panel,” Check, Raise, or Fold – The Risky Business of IP, 11th Annual Foley IP Conference, CLE Presentation, September 18, 2015
  • “Global IP Enforcement – When and Where to Act,” IP Issues at the Frontline Conference, CLE Presentation, October 18, 2013
  • "Evolving NPE Tactics: What Are Companies' Recent Experiences?" IP Counsel Café, CLE Presentation, April 24-26, 2013
  • "Business Development for Associates in a (Slowly) Recovering Economy," SDCBA San Diego, CLE presentation, September 3, 2009
  • "The Latest on Current Big Ticket IP Issues: Obviousness and Patent Licensing/Exhaustion," ACCA San Diego Chapter, CLE Presentation, August 6, 2009