Jason Wietholter is an associate at Russ August & Kabat, focusing his practice on high technology patent and intellectual property litigation.
Jason was selected to the Super Lawyers Rising Star list in 2024 by the publishers of Los Angeles Magazine.
Prior to joining Russ August & Kabat, Jason was a trial consultant, garnering experience in more than 100 jury trials in courts across the United States. The subject matter of the cases he consulted on spanned the gamut from personal injury to products liability, from employment law to complex commercial litigation, and included civil rights, white-collar criminal defense, federal securities law, and intellectual property matters. In his role as a trial consultant, Jason crafted presentations that efficiently and effectively communicated complex concepts, developed case themes that resonated with jurors, and formulated trial presentation strategies that persuaded juries and other decision-makers to find in favor of his clients. Jason published several articles and made presentations to law firms, bar associations, and other groups on the topic of effective trial presentation.
Jason earned his law degree from The University of Tulsa College of Law, graduating valedictorian. While at The University of Tulsa, Jason served as Executive IT Editor for the Tulsa Law Review. He wrote an article that was selected for publication in the Tulsa Law Review discussing the unique challenges facing patent holders in matters before the United States Patent and Trademark Office and federal district court. Jason also served as the President of the Board of Advocates overseeing moot court events at the University of Tulsa College of Law and was inducted into the National Order of Barristers for his outstanding participation and performance as a student advocate. In addition, he assisted Professor Russell Christopher with analyzing novel professional responsibility issues impacting lawyers, was honored with the Order of the Curule Chair, and received the Oklahoma Bar Association’s Outstanding Senior Law School Student Award.
James Milkey is a partner at Russ August & Kabat, specializing in intellectual property litigation. James has represented clients in patent infringement and licensing disputes before federal courts and the United States International Trade Commission (ITC). James is also a registered patent attorney, and has represented clients in numerous post-grant proceedings before the Patent Trial and Appeal Board (PTAB).
James’ litigation experience spans a variety of technologies, including Wi-Fi location, machine learning, semiconductor packaging, high-speed telecommunications, haptic feedback, and light-emitting diode technology.
James graduated cum laude from Harvard Law School, where he was the Executive Editor of the Harvard Journal of Law & Technology. He also received a bachelor’s degree in electrical engineering with highest honors from the University of Texas at Austin. Prior to joining Russ August & Kabat, James was an associate at Irell & Manella LLP from 2011 to 2018, and a principal at Noroozi PC from 2019 to 2020.
Representative Matters
- Represented Lighting Science Group at the ITC against ten of the world’s largest LED lighting manufacturers, from pre-filing investigation to post-trial briefing.*
- Represented Lighting Science Group in inter partes review (IPR) proceedings involving patents asserted at the ITC. Obtained non-institution of four out of five IPR petitions filed against Lighting Science’s LED packaging patents.*
- Represented Invensas Corp. in action for infringement of semiconductor packaging patents. During depositions of defendant’s 30(b)(6) and expert witnesses, James obtained key admissions regarding representativeness of accused products and opposing expert’s failure to establish priority date of alleged prior art. Case settled favorably shortly after expert depositions.*
- Represented Rockstar Consortium in a range of PTAB, infringement, and declaratory judgment actions involving patents acquired from the estate of Nortel Networks. The cases were settled for a value approaching $1B.*
*Representation occurred prior to joining Russ August & Kabat.
Jonathan Ma is an associate at Russ August & Kabat. Jonathan’s practice focuses on intellectual property matters and litigation. Jonathan has experience with a variety of technologies, including mobile devices and laptops, networking hardware and software, wireless communications, and targeted online advertising. He has significant experience in all aspects of litigation from pre-filing analysis to post-trial motions. Additionally, Jonathan has served as Special City Prosecutor for the City of Redondo Beach. In that capacity, he first-chaired and won a seven-day jury trial relating to driving under the influence. Prior to joining Russ August & Kabat, Jonathan was an attorney at Kirkland & Ellis LLP.
Jonathan was named a “Rising Star” by the publishers of Los Angeles Magazine from 2022-2024.
Recent Matters
- Represented the plaintiff in patent infringement litigation that won a $122 million jury verdict of infringement and no invalidity against Amazon relating to targeted online advertising. AlmondNet, Inc. v. Amazon.com, Inc., et al., No. 6:21-cv-898 (W.D. Tex.).
- Represented the plaintiff in patent infringement litigation disputes relating to cellular base stations that support 3GPP 5G NR beamforming. See, e.g., Cobblestone Wireless, LLC v. T-Mobile USA, Inc., et al., No. 2:22-cv-477 (E.D. Tex.).
- Represented the plaintiff in patent infringement litigation disputes relating to touchscreen technology, resulting in favorable settlement. See, e.g., Neodron Ltd., v. Cypress Semiconductor Corp., No. 6:20-cv-523 (W.D. Tex.).
- Represented the complainant in an ITC investigation relating to memory devices and power-saving features, resulting in a favorable settlement. Certain Laptops, Desktops, Servers, Mobile Phones, Tablets, and Components Thereof, Inv. No. 337-TA-1280 (ITC).
- Represented technology company providing networking hardware technology in an ITC modification proceeding involving networking hardware technology that proceeded to trial.*
- Represented technology company providing an online customer service platform in an action for trade secret misappropriation and patent infringement.*
- Represented technology company providing wireless communications equipment in an action for patent infringement and FRAND violations.*
*Represents experience at a prior firm.
Clerkships/Externships
- Law Clerk to the Honorable Richard G. Andrews, District Judge for the District of Delaware
- Extern to the Honorable S. James Otero, District Judge for the Central District of California
James N. Pickens is a partner in RAK’s patent litigation group. Mr. Pickens excels at trial advocacy. Mr. Pickens has performed the direct examinations for expert witnesses on patent infringement in five jury trials. Each jury returned a verdict of infringement, in favor of RAK’s clients:
- In 2022, Mr. Pickens assisted the RAK team in obtaining a jury verdict of patent infringement against Google LLC in the U.S. District Court for the Western District of Texas in EcoFactor, Inc. v. Google LLC, No. 6:20-cv-00075 (W.D. Tex.).
- In 2023, Mr. Pickens assisted the RAK team in obtaining a jury verdict of patent infringement against ecobee Inc. in the U.S. District Court for the Western District of Texas in EcoFactor, Inc. v. Ecobee Inc., No. 6:21-cv-00428 (W.D. Tex.).
- In 2016, Mr. Pickens assisted the RAK team in obtaining a jury verdict of willful patent infringement, representing the plaintiff in Core Wireless Licensing S.a.r.l. v. LG Electronics, Inc. et. al. (E.D. Tex.).
- Also in 2016, Mr. Pickens assisted the RAK team in obtaining a verdict of patent infringement against Apple, Inc. in the Northern District of California in Core Wireless Licensing S.a.r.l. v. Apple, Inc. (N.D. Cal.). In 2017, Mr. Pickens assisted the RAK team in obtaining a verdict of patent infringement with respect to data compression technology protected by U.S. Patent No. 8,643,513 in Realtime Data LLC d/b/a IXO v. Riverbed Technology, Inc. (E.D. Tex.).
Mr. Pickens was selected by his peers for inclusion in The Best Lawyers: Ones to Watch (2024 – 2025 Editions) for Litigation – Intellectual Property.
Prior to joining Russ August & Kabat, Mr. Pickens was an attorney at Reed Smith LLP in the firm’s Complex Litigation Group. He has experience drafting and negotiating agreements on behalf of clients in the media, entertainment, and real estate industries, including clients specializing in virtual reality and augmented reality applications. He also has experience arbitrating motion picture distribution fee disputes and negotiating the acquisition of an entertainment company.
Mr. Pickens earned his law degree from UCLA School of Law, where he graduated Order of the Coif (i.e., in the top 10% of his Class) and as a Fred & Mary Leydorf Scholar. He earned his Bachelor of Arts degree from Georgetown University, where he was a member of the Phi Beta Kappa honors society and graduated magna cum laude.
Kris Davis is a partner at Russ August & Kabat, where he focuses on intellectual property and litigation. Mr. Davis specializes in complex patent and trade secret disputes and is experienced in all phases of litigation before federal district courts, the ITC, and the USPTO. His recent victories have involved a wide range of technologies, including software applications, graphics processors, telecommunications, computer memories, semiconductors, automotive control systems, and medical devices.
Mr. Davis is a registered patent attorney and represents clients in post-grant proceedings before the USPTO. He has also prepared and prosecuted numerous utility and design patent applications, and he has advised clients through acquisitions of IP assets. In addition, he is active in the IP Law Section of the American Bar Association, previously serving as its Vice Chair of Membership and Chair of its Diversity Action Group.
Prior to joining Russ August & Kabat, Mr. Davis was an attorney at Latham & Watkins LLP. While at Latham, he practiced in the Intellectual Property Litigation group and represented pro bono clients in special education and immigration matters. During law school, he was elected into the Order of the Coif and served as President of the Intellectual Property Legal Society and Notes Editor of the University of Illinois Law Review.
In 2022 and 2023, Mr. Davis was named a “Rising Star” by the publishers of Los Angeles Magazine.
Recent Matters
- Samsung v. Nvidia (E.D. Va., ITC): Represented Nvidia in multi-patent infringement cases relating to graphics processors and computer memory. Won jury trial verdicts of non-infringement and invalidity.*
- Intellectual Ventures v. Honda (ITC): Represented Honda in multi-patent infringement case relating to motor technology. Secured voluntary dismissal of multiple patents prior to successful evidentiary hearing.*
- Wingard v. Honda (E.D. Tex., W.D. Wis., N.D. Ga.): Represented Honda dealers and distributor in patent infringement cases relating to automotive security and control systems. Secured voluntarily dismissal of all claims prior to hearing on Honda’s motion to dismiss.
- InterDigital Communications v. ZTE (D. Del.): Represented InterDigital in multi-patent infringement case relating to 3G and 4G mobile technologies. Won jury trial verdicts of infringement and validity.*
- CertusView Technologies v. USIC (E.D. Va.): Represented USIC in multi-patent infringement case relating to electronic records for underground utility locating operations. All claims dismissed.*
- Intellectual Ventures v. HSBC (S.D.N.Y.): Represented HSBC in patent infringement case relating to financial services. All claims voluntarily dismissed.*
- Velocity Patent v. Jaguar Land Rover (N.D. Ill.): Represented Jaguar Land Rover in patent infringement case relating to automotive control and notification systems. Obtained favorable settlement.*
- CareFusion v. Hospira (D. Del.): Represented CareFusion in patent infringement case relating to programming and operation of electronic infusion pumps. Obtained favorable settlement.*
- Karl Storz Endoscopy-America v. Stryker (N.D. Cal.): Represented Stryker in patent infringement case relating to control of and communication between electronic devices used in operating rooms. Obtained favorable settlement.*
- IPAT v. Symantec (E.D. Tex.): Represented defendant Sophos, Inc. in patent infringement case relating to network access control and antivirus software applications. Obtained favorable settlement.*
- Meteora v. M86 Security (C.D. Cal.): Represented defendant Sophos, Inc. in patent infringement case relating to security and monitoring of email communications. Obtained favorable settlement.*
*Represents experience at a prior firm.
Matthew Aichele is a partner at Russ August & Kabat, specializing in intellectual property litigation with an emphasis on matters before the United States International Trade Commission. Prior to joining Russ August & Kabat, Mr. Aichele was an attorney with Latham & Watkins LLP, where he was a member of the Intellectual Property group.
Mr. Aichele has significant experience counselling clients through patent infringement actions before the United States International Trade Commission (ITC) and in federal district courts. Mr. Aichele has represented complainants, respondents, and third-parties in a number of ITC investigations, including through trial and post-trial Commission review. Mr. Aichele has also participated in consultations with US Customs and Border Protection regarding enforcement of ITC exclusion orders. Mr. Aichele also has significant experience litigating patent infringement actions in federal district courts. Mr. Aichele has been recognized a Rising Star in Washington, D.C. by Super Lawyers (2017-2019).
Mr. Aichele earned his law degree cum laude from the Georgetown University Law Center. During law school, Mr. Aichele worked as a patent agent at Finnegan, Henderson, Farabow, Garrett & Dunner LLP. Mr. Aichele earned his Bachelors of Science in Nuclear Engineering from the Massachusetts Institute of Technology in 2004, where he worked as a senior reactor operator in MIT’s Nuclear Reactor Laboratory.
Admitted
- State Bar of Virginia (2009)
- U.S. Patent and Trademark Office (2005)
Recent Matters
- NVIDIA v. Samsung—represented NVIDIA in a series of matters before the United States International Trade Commission and the District Court for the Eastern District of Virginia.*
- InterDigital v. Nokia, ZTE, Huawei—represented InterDigital in a series of matters regarding mobile devices before the United States International Trade Commission and District Court for the District of Delaware.*
- Cisco v. Arista—represented Arista in defending against patent infringement allegations before the United States International Trade Commission and Customs and Border Protection.*
- 3M v. Amphenol—represented Amphenol in defending against patent infringement allegations regarding its cable technology before the United States International Trade Commission.*
- Intellectual Ventures v. Honda et. al—represented Honda in defending against patent infringement allegations regarding motor technology before the United States International Trade Commission.*
*Represents experience from a previous law firm.
