Jay A. Yates

Before joining Bracewell, Jay was general counsel for State Senator Dan Patrick. During law school, he worked as a legislative aide for State Representative Joe Crabb, as a committee clerk for the Texas House Committee on Redistricting, and as a law clerk for the Texas Attorney General Office of Special Investigations.

Prior to law school, Jay worked as an engineer and product marketing manager for over eight years for a Silicon Valley technology company, from start-up to NASDAQ listing to profitability.

Representative Matters

Alcatel-Lucent USA Inc. v. Amazon.com, Inc., et al., 6:09-cv-00422-LED in the U.S. District Court for the Eastern District of Texas – Tyler Division. On behalf of Overstock.com, Inc. and joint defense group, argued Markman hearing (U.S. Patent No. 5,623,656) and prepared expert witnesses in the successful defense of infringement allegations related to three Alcatel-Lucent patents resulting in a jury verdict of non-infringement of three patents (U.S. Patent Nos. 5,649,131; 5,623,656; and 5,404,507) and invalidity of one of the asserted patents (U.S. Patent No. 5,649,131).

EON Corp. IP Holdings, LLC v. T-Mobile USA, Inc., et al., 6:10-cv-00379-LED in the U.S. District Court for the Eastern District of Texas – Tyler Division. Drafted letter brief on behalf of Overstock.com, Inc. that resulted in the dropping of joint infringement claims by plaintiff and permission from the Court to file a summary judgment motion on direct patent infringement in a patent infringement suit related to cellular phone technology (U.S. Patent No. 5,592,491).

AdjustaCam LLC v. Amazon.com, Inc., et al., 6:10-cv-00329-LED in the U.S. District Court for the Eastern District of Texas – Tyler Division. Negotiated favorable resolutions on behalf of Sears Brands, LLC; Sears, Roebuck and Company; Sears Holdings Corporation d/b/a Sears; Kmart Corporation; and Overstock.com, Inc. in a patent infringement suit related to web cameras (U.S. Patent Nos. 5,855,343).

LecTec Corporation v. Chattem, Inc., et al., Civil Action No. 5:08-cv-00130-DF in the U.S. District Court for the Eastern District of Texas – Texarkana Division. Litigation associate for trial team in a patent suit related to transdermal medicated patches (U.S. Patent Nos. 5,536,263 and 5,741,510). Prior to trial, he assisted with expert witness preparation and motions practice, including summary judgment and Daubert motions. The matter resulted in a favorable settlement for the client on the eve of trial.

Publications and Speeches

Co-author, "Land Rush in Cyberspace: ICANN’s Proposed Game-Changer and Its Impact on Trademark Rights," Bloomberg Technology Law, July 27, 2009.