Justin M. Philpott
Justin Philpott’s practice includes patent prosecution, litigation, post-issuance review, diligence, transactions, and opinion counseling. Justin serves as co-chair of the firm’s PTAB Litigation Committee. During his more than 17-year career in intellectual property law, he has examined, drafted, prosecuted, acquired, licensed, and litigated countless patents. Justin regularly merges technical and legal analyses in complex electrical and computer arts, such as LTE and 5G wireless communications, MPEG video compression, and HDTV coding and transmission.
Justin has been named as an Illinois Super Lawyers Rising Star in 2018 and 2019. The Rising Star list represents the top 2.5 percent of attorneys in each state.
Before joining Banner Witcoff, Justin counseled clients for 10 years in the IP group of a global general practice law firm. He represented clients in patent matters before district courts, the International Trade Commission in Section 337 investigations, and the U.S. Patent and Trademark Office in both pre-grant and post-grant proceedings. He successfully argued motions in federal court, took and defended numerous depositions of fact and expert witnesses, and led settlement conferences to obtain litigation-ending settlements with favorable results for clients.
As a former U.S. patent examiner, Justin brings a unique perspective to patent drafting, prosecution, and analysis. At the U.S. Patent and Trademark Office, he examined and conducted searches for hundreds of patent and PCT applications in multiplex communications. Justin’s patent analysis and prosecution experience complements and informs his litigation and transactional matters, and vice versa, offering “big picture” views for cohesive and strong IP protection.
Over the course of his career, Justin has volunteered to represent pro bono clients in a variety of matters beyond patents. For example, he successfully appealed a group of Boy Scouts’ asylum denials in a case that has been cited in a leading international textbook on refugee law. Hathaway et al., James C., “The Law of Refugee Status,” Cambridge Univ. Press, 2nd Ed. (2014), 170, n. 506 (citing Kiegemwe v. Holder, 427 Fed.Appx. 473 (6th Cir. 2011)). Justin also has resolved legal disputes in copyright and employment matters on behalf of pro bono clients through “Lawyers for the Creative Arts” and the Northern District of Illinois’ “Settlement Assistance Program for Pro Se Litigants.”
Justin earned his B.S. in Electrical and Computer Engineering, with high honors, from Rutgers University, and his J.D. from Georgetown University. He is admitted to practice in the state of Illinois and the U.S. Patent and Trademark Office.
Justin practices in the Chicago office of Banner Witcoff.
“Drafting Patent Claims for Enforcement,” at IBM headquarters, presented to the IBM Global Legal Department, September 2017
Prosecuted applications resulting in 16 patents issued in 2017 on behalf of Comcast:
- U.S. Patent Nos. 9,615,339; 9,642,098; 9,648,643; 9,661,661; 9,681,399; 9,706,454; 9,717,061; 9,736,795; 9,743,431; 9,763,203; 9,769,772; 9,801,211; 9,820,283; 9,843,982; 9,844,006; and 9,848,445.
Litigation in the Northern District of Illinois
- Amsted Rail v. Temper Axle, 14-cv-02849 (Complaint, discovery, motions, and settlement on behalf of Amsted Rail)
- Dyson v. SharkNinja, 14-cv-02849 (Design patent claim construction, discovery, and motions on behalf of SharkNinja)
- Marine Technologies v. Atwood Mobile, 12-cv-04199 (Local counsel on behalf of Atwood Mobile)
- Vibes Media v. Digigraph.me, 12-cv-04166 (Discovery, motions, and settlement on behalf of Digigraph.me)
- Micro Enhanced Technology v. Videx, 11-cv-05506 (Discovery, motions, and settlement on behalf of Videx)
International Trade Commission Section 337 Proceedings
- Inv. No. 337 TA-789, Digital Televisions and Components Thereof (Claim construction, expert discovery, pre-trial motions, and written direct examination on behalf of Vizio)
- Inv. No. 337-TA-742, Certain Digital Televisions and Components Thereof (Expert discovery on behalf of Vizio)
- Inv. No. 337-TA-733, Flat Panel Digital Televisions and Components Thereof (Claim construction and expert discovery on behalf of Vizio)
- Inv. No. 337-TA-687, Video Displays, Components Thereof, and Products Containing Same (Discovery on behalf of Vizio)
- Inv. No. 337-TA-654, Certain Peripheral Devices and Components Thereof and Products Containing the Same (Diligence on behalf of Primax)
- Inv. No. 337-TA-634, Certain Liquid Crystal Display Modules, Products Containing Same, and Methods Using the Same (Post-hearing briefing on behalf of Sharp)
- Inv. No. 337-TA-631, Certain Liquid Crystal Display Devices and Products Containing the Same (Post-hearing briefing on behalf of Sharp)
- Inv. No. 337-TA-589, Certain Switches and Products Containing Same (Discovery on behalf of Belkin)
71 South Wacker Drive,
Chicago, IL 60606
B.S. 2002, Rutgers University
J.D. 2008, Georgetown University
U.S. Court of Appeals for the Sixth Circuit
U.S. District Court for the Northern District of Illinois