James E. Gauger

As a registered patent attorney, James has devised and implemented strategies to develop patent portfolios domestically and internationally. Throughout his career, he has drafted and prosecuted hundreds of patent applications across a wide array of industries and technologies, including cellular communications standards (e.g., 5G, 4G, LTE, CDMA, GSM, and other 3GPP standards), wireless networking standards (e.g., 802.11a/b/g/n/ac [Wi-Fi] and 802.16 [WiMAX]), video codec standards (e.g., MPEG, HEVC, AV1), cable modem standards (e.g., DOCSIS), machine learning, artificial intelligence (AI), neural networks, nanotechnology, blockchain, semiconductor design and fabrication, computer hardware and software, memory systems, autonomous vehicles, augmented and virtual reality systems, signal processing, antenna systems, robotics, medical devices, IoT devices, optics, batteries, light detection and ranging (LIDAR), RFID and NFC systems, financial services, spacecraft and aircraft systems and structures, UAVs/drones, consumer electronics, navigation systems, imaging, audio and video coding/decoding, fuel cells, and computer vision.

In his litigation practice, James has extensively represented clients in all stages of complex intellectual property and patent litigation at the trial court and appellate court levels. He has also successfully represented clients in post-grant proceedings before the U.S. Patent and Trademark Office, including inter partes reviews (IPRs), reexaminations, and reissues. Additionally, James is adept at designing and executing patent monetization strategies for clients. These strategies have often guided clients from initial licensing campaign stages through to the successful licensing process, including litigation strategy, to generate significant revenue for clients.

In connection with transactional matters, clients draw on James’s knowledge to structure and negotiate their intellectual property transactions, including patent license agreements, strategic alliances, development and collaboration agreements, software license agreements, reseller and distribution agreements, consulting agreements, procurement agreements, outsourcing agreements, and confidentiality and non-disclosure agreements. He also provides strategic IP counsel and transactional support in connection with acquisitions, mergers, divestitures, strategic alliances, joint ventures, consortiums, and equity investments. This work often includes counseling and diligence related to intellectual property matters associated with mergers and acquisitions as well as drafting and negotiating the intellectual property provisions of asset purchase and merger agreements. James has performed due diligence investigations of many patent portfolios in various technologies, such as computer hardware/software and wireless devices.

Prior to joining Crowell, James served as in-house counsel to Motorola, Inc., where he was Senior IP Counsel and Director of the Global Strategic IP Counseling and Transaction Group. In that role, he provided strategic IP counsel and transactional support in connection with Motorola’s acquisitions, divestitures, strategic alliances, joint ventures, consortiums, and equity investments. He also served as IP counsel to Motorola’s Product Networking Group, where he was responsible for all intellectual property matters of the business, including the development and management of strategic patent portfolios and licensing activities. Before becoming a patent attorney, James worked as an electrical engineer at Motorola, where he focused on the development and production of diagnostic tools and systems for the automotive industry.