Jonathan Spivey focuses on intellectual property litigation, including complex patent, trade secret, trademark, copyright and unfair competition litigation and appeals. He also counsels clients in the strategic development of their IP portfolios.
His trial experience includes federal jury and bench trials, with key participation in numerous district court litigations involving patent, trademark, and copyright infringement; Internet domain disputes; mergers and acquisitions; and patent prosecution. He has represented plaintiffs and defendants in preliminary injunction and temporary restraining order (TRO) proceedings. Jonathan's experience includes the electro-mechanical, electrical computer technology, wireless communication, video coding/decoding and software arts. Additionally, Jonathan has experience as a patent examiner at the United States Patent and Trademark Office (USPTO) and served as a judicial clerk for the Honorable H. Robert Mayer, former chief judge at the United States Court of Appeals for the Federal Circuit.
Prior to entering the legal profession, Jonathan worked as a machine design engineer at Hallmark Cards. Inc., where he conceptualized and implemented complex control systems for a wide range of manufacturing processes.
Recent Notable Matters
Houston Independent School District — represented largest school district in Texas in significant trademark infringement action resulting in a favorable district court ruling, and 5th Circuit affirmance
Online educational software company — jury trial involving patent infringement of Internet based education systems
Silicon Valley-based semiconductor design and manufacturing company — jury trial involving patent infringement of semiconductor manufacturing technology
World's largest maker of heating, air-conditioning, and refrigeration systems for residential, commercial, industrial, and transportation needs — several patent infringement actions involving wireless communication and networking technology
Global leader in innovative fire safety and electronic security solutions — patent infringement actions involving wireless mesh communication, video surveillance, and wireless encryption technologies
Multiple clients — variety of suits involving: copyright infringement and trade secret misappropriation of computer software and peripherals; copyright infringement of architectural plans; and trade secret misappropriation of customer lists resulting in favorable results for his clients
Publications and Speeches
"Test for enhanced damages," IP Magazine, July/August 2016.
"When a Financial Invention May Not be Patentable," American Banker, September 2012.
"Strategic Perspectives" SMU Dedman School of Law Symposium on Emerging Intellectual Property Issues, April 2012