As a former Surface Warfare Officer in the United States Navy, John "Jay" Jurata is no stranger to keeping his cool in face of pivotal conflicts. This has served him well in his career as an antitrust trial attorney that has spanned nearly two decades. He has represented some of the biggest names in the technology industry, including Microsoft, Sharp, LG, Panasonic and Fujifilm.
He currently co-leads Microsoft’s defense of an antitrust class action overcharge litigation in Canada seeking more than four billion dollars in damages (the first “abuse of dominance” case brought under Canadian antitrust law) in addition to representing Microsoft on merger control, antitrust investigations and private litigation arising from patent enforcement. For example, he helped to resolve the Korea Fair Trade Commission’s challenge to Microsoft Corporation’s acquisition of the Nokia devices and services business, with no changes to Microsoft’s pre-acquisition patent licensing practices.
Other recent successes include representing Sharp Corporation in a standards-essential patent licensing arbitration against InterDigital Corporation that sought $390 million in damages, a dismissal of a suit regarding a standards-essential patent dispute against iBiquity and later that year a trial victory for the client on the same issue.
Jay is a recognized authority in the field of antitrust and its overlap with intellectual property, and he speaks and publishes regularly on topics such as standards-essential patents, FRAND, and patent trolls.
Below are some examples of the types of engagements that Jay has handled.
Korea FTC vs. Microsoft (2014-2015): Served as Microsoft's lead U.S. outside counsel in resolving the Korea FTC's opposition to Microsoft's $7.2B purchase of Nokia's devices and services business. In that matter, Jay was responsible for the overall strategy in responding to the investigation, including preparing Microsoft's written submission to the KFTC, participating in oral arguments before the agency, and developing the consent decree strategy that ultimately resolved the dispute.
FTC Internet Search Advertising Investigation (2012-2013): Represented emerging start-up companies in advocating the U.S. Federal Trade Commission to stop Google from allegedly manipulating its search ranking results to block potential competition to its search advertising monopoly.
EU Patent Enforcement Investigation (2011-2013): Assisting Microsoft in responding to allegations by Google that Nokia's 2011 sale of patents to a non-practicing entity violates EU competition law.
Yammer, Inc. (2012): Secured unconditional clearance through U.S. Department of Justice Antitrust Division of Microsoft Corporation's $1.2 billion acquisition of Yammer, Inc., which adds Yammer's popular social networking tool for businesses to Microsoft's popular line of productivity software.
DOJ and State AG Mainframe Investigations (2009-2011): Represented the Computer and Communications Industry Association (CCIA) in persuading the U.S. Department of Justice Antitrust Division and Florida AG office to open a two-year antitrust investigation into IBM's business practices involving mainframe computing.
EU Mainframe Investigation (2010-2011): Represented TurboHercules SAS in convincing the EU Directorate General for Competition to initiate a formal abuse of dominance investigation into IBM's conduct in mainframe computing.
DOJ/FTC Wooden Bedroom Furniture Investigations (2011): Represented a U.S. importer seeking that the U.S. Department of Justice Antitrust Division and U.S. Federal Trade Commission stop the alleged manipulation of Department of Commerce antidumping procedures by certain companies to disadvantage competitors.
EU Browser and Interoperability Investigations (2008-2009): Assisted Microsoft in responding to claims that including browsing functionality as part of Windows and productivity software product design choices violated EU competition law.
GPX v. United States (2008): Represented GPX Int'l Tire Corp. in seeking a preliminary injunction from the U.S. Court of International Trade to stay a ruling by the U.S. International Trade Commission ordering antidumping counter duties for certain imported products.
FTC v. Western Refining, Inc. (2007): Member of trial team that defeated the U.S. Federal Trade Commission's request for a preliminary injunction to block Western's $1.3 billion acquisition of Giant Industries (D.N.M. May 29, 2007), as well as the FTC's emergency requests for an injunction pending appeal from the district court (D.N.M. May 30, 2007) and the Court of Appeals for the Tenth Circuit (10th Cir. May 31, 2007).
KFTC Media Player Investigation (2005): Assisted Microsoft in responding to claims that including media player functionality as part of Windows violated Korean competition law.
JFTC Licensing Investigation (2004): Assisted Microsoft in responding to claims that including media player functionality as part of Windows violated Japanese competition law.
Confidential SEP licensing arbitration: Represent a telecommunications device manufacturer in a confidential arbitration against a major wireless technology provider seeking more than $100 million in damages for violations involving SEPs and FRAND.
iBiquity Digital Corp. v. Continental Automotive Sys. (2014-2015): First-chaired a multi-million dollar trial victory for iBiquity in a "bet the company" licensing dispute involving SEPs and FRAND. Successfully dismissed a parallel lawsuit brought against iBiquity in federal court.
Microsoft Corp. v. Samsung Corp. (2014-2015): Represented Microsoft in a multi-billion lawsuit against Samsung concerning the Nokia acquisition's effect of the companies' patent cross-license agreement.
Oasis Research LLC v. Adrive LLC et al.: Represented EMC Corporation in successfully dismissing patent litigation brought by an Intellectual Ventures "shell" organization in the Eastern District of Texas.
In re Certain Handheld Electronic Computing Devices, Related Software, and Components Thereof (2011-2012): Represented Microsoft in successfully dismissing, on summary determination, a defense raised in the U.S. International Trade Commission alleging that Microsoft's patent licensing program for distributers of Android-based devices constituted patent misuse.
Digitechnic v. Microsoft (2008-2009): Assisted Microsoft in responding to claims brought against it in French court that Microsoft's pricing for its popular productivity software violated French competition law.
Daisy Mountain v. Microsoft (2007-2009): Represented Microsoft in defending against an antitrust class action lawsuit on behalf of government entities in Arizona that Microsoft overcharged consumers for its popular operating systems and productivity software.
Microsoft indirect purchaser antitrust litigation (2001-2008): Represented Microsoft in defending against antitrust class action lawsuits on behalf of indirect purchasers in California, Mississippi and other states alleging that Microsoft overcharged consumers for its popular operating systems and productivity software.
Comes v. Microsoft (2006-2007): Member of trial team that defended Microsoft in a four month antitrust trial in Iowa state court alleging that Microsoft overcharged consumers for its popular operating systems and productivity software.
Globespan v. Texas Instruments (2005-2006): Member of trial team that achieved a $112 million patent damages verdict on behalf of Texas Instruments and Stanford after a four-week jury trial in the District Court of New Jersey; also obtained dismissal of Globespan's antitrust claims alleging that Texas Instrument's patent licensing practices violated U.S. antitrust law.
Real Networks v. Microsoft (2004-2005): Represented Microsoft in defending against claims that including media player functionality as part of Windows violated U.S. antitrust law.
Burst v. Microsoft (2004-2005): Represented Microsoft in defending against claims that including media player functionality as part of Windows violated U.S. antitrust law.
Gordon v. Microsoft (2003-2004): Member of trial team that defended Microsoft in a two month antitrust trial in Minnesota state court alleging that Microsoft overcharged consumers for its popular operating systems and productivity software.
3M Antitrust Litigation (2002-2003): Represented 3M Company in various antitrust class action lawsuits in federal/state court alleging that 3M overcharged consumers for its popular adhesive tape products.
TeleSpectrum v. SER (2003): Represented TeleSpectrum in an emergency filing in federal district court seeking a temporary restraining order to deactivate a "time bomb" which was secretly planted in the company's mission-critical software.
Standards-Essential Patent Licensing Issues: Currently advise numerous large technology companies on potential antitrust issues under U.S., EU and Asia competition laws pertaining to the licensing of standards-essential patents.
Product Distribution Issues (2008-2011): Currently advise a large technology company on potential antitrust issues under U.S. and other competition laws regarding product distribution policies.
Google "Spy Fi" Wireless Data Collection (2010): Advised a large technology company on the legal implications of Google's collection of unsecure wireless data as part of its Street View mapping efforts.
Supply Parts Joint Venture Counseling (2009): Advised a large computer manufacturer on how to structure a complex joint venture for obtaining supply parts in order to obtain worldwide antitrust clearance, while minimizing the impact on the company's combined business operations.
Board of Directors Internal Investigation (2009): Advised the Board of Directors of a large technology company on the merits of competition claims asserted by government competition authorities.
Merger Counseling (2009): Advised a product retailer on options under U.S. law to respond to the proposed sale of retail mall assets in bankruptcy proceedings.
Software Interoperability Issues (2008-2009): Advised a large technology company under EU competition law on options to obtain critical product interoperability information being withheld by a dominant competitor.
Consent Decree Compliance Issues (2008): Assisted a large technology company to prepare to address anticipated compliance issues under a government antitrust consent decree.
Pre-Litigation Antitrust Settlements (2004-2007): Assisted a large technology company in reaching out-of-court antitrust settlements with some of its largest customers without resorting to formal litigation.
Panelist, "Huawei-ZTE: The Quintessential European Essential Patents Decision?," ABA Section of Antitrust Law Teleconference (July 26, 2015).