Jason Kravitz is a trial lawyer whose practice focuses on technology disputes and patent, trademark, copyright, trade secret, privacy, and false advertising disputes. He has litigated cases involving a broad range of technologies, including software and hardware, personal care products, wireless devices, footwear, medical devices, dental implants, online advertising applications, and network systems. Jason has litigated disputes arising out of software development and implementation and has handled software audit disputes.
Jason also counsels clients on data privacy and protection issues and has extensive experience in data breach investigations and remediation. He led the team that defended NebuAd, which developed a device capable of performing deep-packet inspection of electronic communications and web browsing sessions to gather data for use in the delivery of micro-targeted online advertising.
Jason heads the firm’s Brands & Creations Practice Group and, as such, oversees the firm’s trademark and copyright practice. Jason has litigated dozens of trademark cases in courts across the country. Jason routinely advises clients on strategic management and enforcement of their domestic and international trademark portfolios. Jason also advises clients on new product development and advertising/promotion. He frequently advises clients on Internet-related issues such as cybersquatting, phishing, framing, keyword advertising, drafting and modifying website terms and conditions, and website data protection and privacy issues. Jason also has extensive experience advising and litigating copyright matters, including disputes over source code and DMCA issues.
In addition, Jason has advised and represented companies in administrative proceedings before the Federal Trade Commission, including one of the first “greenwashing” claims brought by the FTC (where the FTC challenged the use of the word “biodegradable” on product packaging and advertising).
Jason has litigated and arbitrated commercial and intellectual property disputes across the country, including serving as lead trial counsel in jury and bench trials in venues across the country. He has argued numerous appeals, and has briefed and argued dozens of preliminary injunction and summary judgment motions. Jason has also handled UDRP proceedings and matters before the Trademark Trial and Appeal Board.
Jason is a frequent speaker at industry events on a spectrum of legal topics, including intellectual property, trade secrets, privacy/data protection, and advertising. Jason has published pieces concerning intellectual property rights in The Boston Globe, the Boston Business Journal, and Massachusetts Lawyers Weekly.
Recent Professional Highlights Include:
- Obtained a jury verdict and damages award in a technology dispute arising out of acquisition of software company (Delaware Superior Court)
- Obtained favorable settlement of a patent dispute half-way through jury trial (United States District Court for the District of Delaware)
- Obtained summary judgment for defendants in $600 million franchise/trademark dispute (United States District Court for the District of South Dakota -- decision affirmed by the Eighth Circuit)
- Successfully opposed preliminary injunction motion in software dispute (United States District Court for the District of Massachusetts)
- Obtained decision from United States Court of Appeals for the Fourth Circuit affirming judgment of non-infringement in trademark case
- Obtained judgment of non-infringement after trial of trademark infringement case (United States District Court for the Eastern District of Virginia -- Alexandria)
- Obtained summary judgment of non-infringement in trademark case (United States District Court for the Eastern District of Virginia -- Norfolk)
- Successfully opposed preliminary injunction motion after two-day evidentiary hearing in patent case (United States District Court for the District of Massachusetts)
- Obtained summary judgment of non-infringement in patent case (United States District Court for the District of Massachusetts)
- Secured favorable Markman rulings in patent case after two-day evidentiary hearing (United States District Court for the District of Massachusetts)
- Obtained favorable settlement at the close of plaintiff’s case in copyright trial (United States District Court for the District of Rhode Island)
- Obtained defense verdicts in two separate medical device liability trials (New Hampshire Superior Court)
- Obtained preliminary injunction in trade dress infringement case (United States District Court for the District of Massachusetts)