James Kritsas represents plaintiffs and defendants in complex intellectual property (IP) disputes, including patent, trade secret, trademark, copyright, and breach of contract litigation. He represents clients in US district and appellate courts, before the US International Trade Commission (ITC), and in AIA postgrant and inter partes review (IPR) proceedings before the US Patent and Trademark Office (USPTO). With his mechanical engineering background, James has patent litigation experience covering a broad range of technologies, including medical device, wireless and RFID radio, LED technology, and consumer product disputes.
James’ experience includes litigating matters from complaint to trial across a wide range of technologies. James has played a central role in several jury trials and preliminary injunction hearings and is well versed in handling all stages of a case’s lifecycle, including pleadings, fact and expert discovery, motion practice, court hearings, claim construction, trial practice, and appeals. James also utilizes his IPR experience to analyze infringement claims and formulate comprehensive litigation strategies for clients. His experience also includes prosecuting patent applications before the USPTO, and he frequently counsels startups and entrepreneurs on developing and protecting IP.
James also advises clients on IP portfolio management, licensing, prelitigation counseling, due diligence analysis associated with corporate mergers and acquisitions, and opinions and strategic advice relating to complex patentability, patent validity, infringement, and freedom-to-operate issues. James counsels on all matters related to patent strategies, patent validity, patent due diligence, and freedom-to-operate opinions.
As companies evolve and modernize the way they operate, James ensures that they are able to establish exclusive positions to protect how they do business through procuring patent protection as well as evaluating patent validity and freedom-to-operate positions for competitor patents. His ability to manage patent portfolios and handle important trade secrets allows him to counsel clients through the creation of a diverse assortment of IP programs.
Prior to joining Morgan Lewis, James was an associate in the IP practice group of another global law firm. While in law school, James was the conference editor of the Loyola University Chicago Law Journal and served as a judicial extern for Judge Robert M. Dow, Jr. and Magistrate Judge Michael Mason of the US District Court for the Northern District of Illinois. Prior to his legal career, James worked as an engineer, providing engineering design services for clients in the energy and chemical, food and beverage, pharma and biotech, and manufacturing industries.
Ones to Watch, Litigation – Patent, Chicago, The Best Lawyers in America (2022–2024)
Member, Practice Group of the Year, Intellectual Property, Law360 (2019)
Member, Litigation Department of the Year–Intellectual Property, The American Lawyer (2019)
Member, Intellectual Property Law Association of Chicago