James B. Hatten

Associate

Atlanta
T +1.404.256.8242
F +1.404.459.5734

Overview

James Hatten is an intellectual property litigator with a focus on computer hardware and software, telecommunications and e-commerce. He has represented clients in U.S. district court proceedings and in post-grant proceedings before the Patent Trial and Appeal Board of the United States Patent and Trademark Office. As part of the IP indemnification recovery team, James has assisted in the enforcement of indemnification provisions in dozens of complex patent infringement litigation and pre-litigation cases.

Select Experience

  • Defended global electronics design and manufacturing company against nine-figure claim in technology litigation involving consumer electronics and their components.
  • Represented a client in e-commerce patent litigation, including challenging the validity of two patents in Covered Business Method review proceedings before the Patent Trial and Appeal Board. All claims of both challenged patents were found invalid on multiple grounds. TransUnion Intelligence LLC v. Experian Information Solutions, Inc., et al., No. 0:11-cv-017075 (D. Minn.), Search America, Inc. v. TransUnion Intelligence, LLC, Nos. CBM2013-00037 & CBM2013-00038.
  • Represented patent infringement plaintiff as second chair for Markman proceedings resulting in the defeat of all of defendant’s numerous grounds of invalidity.
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Experience

  • Defended global electronics design and manufacturing company against nine-figure claim in technology litigation involving consumer electronics and their components.
  • Represented a client in e-commerce patent litigation, including challenging the validity of two patents in Covered Business Method review proceedings before the Patent Trial and Appeal Board. All claims of both challenged patents were found invalid on multiple grounds. TransUnion Intelligence LLC v. Experian Information Solutions, Inc., et al., No. 0:11-cv-017075 (D. Minn.), Search America, Inc. v. TransUnion Intelligence, LLC, Nos. CBM2013-00037 & CBM2013-00038.
  • Represented patent infringement plaintiff as second chair for Markman proceedings resulting in the defeat of all of defendant’s numerous grounds of invalidity.
  • Assisted Special Assistant Attorneys General for the State of Georgia with defense of copyright infringement action brought against Board of Regents of the University System of Georgia involving allegations of infringement of dozens of works through use of electronic reserve system.
  • Counsels and defends energy investment company in copyright infringement litigation in the Southern District of Texas regarding allegations of widespread unauthorized distribution of subscription newsletters.
  • Secured dismissal with prejudice for defendant in multi-patent litigation in the Eastern District of Texas after serving as second chair for hearing on motion for sanctions against plaintiff.
  • Served as local counsel for flooring company defendant in copyright infringement action in the Northern District of Georgia.
  • Has assisted with the diversion and recovery of millions of dollars for clients through the enforcement of intellectual property indemnification provisions across numerous complex patent infringement litigation actions.

Recognitions and Memberships

Memberships

  • State Bar of Georgia: Intellectual Property Section
  • Atlanta Intellectual Property Inn of Court

Prior Positions

  • U.S. Attorney's Office for the Northern District of Georgia: Law Intern (2011)

Admissions

  • U.S. District Court, Northern District of Georgia
  • U.S. District Court, Eastern District of Texas
  • U.S. Court of Appeals, Federal Circuit
  • U.S. Patent and Trademark Office, Registration No. 74,235
  • Georgia

Education

  • J.D., University of Virginia School of Law, 2013; Editor-in-Chief, Virginia Environmental Law Journal
  • B.S., Computer Engineering, Georgia Institute of Technology, 2009

Blog

In The Blogs

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IP Intelligence: Insight on Intellectual Property
Third-Party Complaints Must Shift Liability—Not Defeat It
By James B. Hatten
April 27, 2022
A party sued for patent infringement may seek to shift some or all of its liability through an indemnification claim. While a patent infringement defendant may seek to implead an indemnitor under Rule 14 of the Federal Rules of Civil...
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