Skilled at managing the complex legal and technical issues in trade secret, patent, and employment disputes, intellectual property litigator Jaideep Venkatesan advocates for Silicon Valley's entrepreneurs, founders, and growth companies. Jay has been particularly effective in obtaining and defeating temporary restraining orders (TROs) and preliminary injunctions in trade secret disputes, and in compelling arbitration in the defense of lawsuits alleging breach of contract, trade secret, and other tort claims.
Sometimes litigation is not in a client’s best interests. Jay frequently advises companies and individuals in how to resolve business and employment disputes before they get to litigation – or deescalate once there. Jay has counseled businesses and employees in negotiating employment agreements and separation agreements, and resolving issues concerning compensation, non-competition and non-solicitation clauses, and protection of confidential information and trade secrets.
Tech-Driven Intellectual Property and Employment Litigation
Jay's clients include mid-sized companies and startups at various stages of growth as well as entrepreneurs involved in software, hardware, telecom, and medical device technology. His trade secret litigation experience spans state and federal courts nationwide.
Jay has been at the forefront of trade secrets and employment cases, both enforcing trade secret rights and defending companies and employees accused of trade secrets misappropriation, as he did in NetApp Inc. v. Nimble, Inc., et al, Tibco Software, Inc. v. RapidMiner, Inc., et al, and Tesla Inc. v. Rivian Automotive, Inc., et al.
Practicing where technological advancement intersects with complex bodies of law, Jay leads clients through the resolution of high-value intellectual property and trade secret fights alleging and involving:
Strategic Dispute Resolution for San Jose Tech IP Innovators and Leaders
Jay has spent nearly two decades at the legal forefront of Silicon Valley's ascent in the global economy.
As trade secret challenges more commonly involve cross-border and multinational concerns, Jay has used federal and California statutes and measures to provide a legal advantage to clients. His previous experience in large national firms and in-house at an e-commerce company informs his use of targeted and cost-efficient approaches to resolve lawsuits.
Jay has a successful track record in compelling arbitration in employment litigation, part of his creation of a streamlined, accurate, and effective path to settle lawsuits, as he did in TIBCO Software Inc. v. RapidMiner, Inc., et al. and Yuhui Chen v. Zining Wu, et al.
Other case highlights include Jay prevailing on a motion for a protective order for a third-party witness in Lumileds LLC v. Elec-Tech International Co., a matter The Daily Journal called one of the most significant complex trade secrets trials in recent years.
Jay devotes his out-of-office time in support of education. In addition to being the coach of the Homestead High School Mock Trial Team, Jay serves on the Foothill Commission of Foothill Community College in Los Altos Hills, California.
Intellectual Property and Employment Litigation
Commercial Litigation
Author: “The Defend Trade Secrets Act Two Years Later”, Northern California Association of Business Trial Lawyers (ABTL) Report (Fall 2018).
Author: “A New Federal Action Transforms Trade Secrets Litigation,” New Matter (Vol. 41, No. 4 Winter 2016).
Author: “Software Patents After Alice v. CLS Bank International,” New Matter, Vol. 40, No. 1, Spring 2015.
Author: “Federal Trade Secrets Legislation and California: Resolving the Conflicts Within and Without,” Northern California Association of Business Trial Lawyers (ABTL) Report, Vol. 23, No. 3, Spring 2015 (with Sara Petersen Graves).
Author: “The Supreme Court and Patentable Subject Matter Under Section 101,” Northern California Association of Business Trial Lawyers (ABTL) Report, Vol. 22, No. 2, Summer/Fall 2013.
Author: “Compulsory Licensing After eBay,” Virginia Journal of Law and Technology, Winter 2009.