Jonathan A. Patchen

Practice Group Chair - Tech Litigation (Firmwide) Partner

jonathan.patchen@bakerbotts.com

San Francisco

P: +1.415.291.6200 F: +1.415.291.6300
Jonathan Patchen

“Jonathan Patchen “has a great legal mind.” He is able to form compelling and easy to understand arguments. Jonathan is also very personable, easy to work with, and a solid collaborator.”

The Legal 500 U.S., 2020

Jonathan Patchen is a leading technology and commercial trial lawyer focusing on complex civil litigation, trials, and arbitrations. He has first-chaired bench and jury trials in federal and state court, arbitrated disputes, and briefed and argued cases on appeal.

Jonathan has substantial experience in disputes regarding trade secrets and other intellectual property, breach of contract, breach of fiduciary duty, partnership and corporate governance, professional liability and other complex business disputes. Some of his clients include Keurig Dr Pepper, Arcus Biosciences, Zetta Venture Partners, Voyager Capital, Atomic Labs, and Enigma MPC.

Following graduation from law school, Jonathan was a judicial clerk for the Hon. Ronald Gould of the Ninth Circuit U.S. Court of Appeals.

Related Experience

  • Schwartz v. Bai Brands LLC, No. 2:19-cv-06249-FMO-RAO (C.D. Cal.). Lead counsel defending drink manufacturer from putative class action.
  • Google, LLC. v. Lior Ron et al., JAMS Arbitration. Represented co-founder of Ottomotto in arbitration claim brought by Google; first-chaired client's defense at two-week, three-arbitrator hearing.
  • SunPower v. Standard Industries, et al., No. 19-CV-349042 (Santa Clara Sup. Ct.). Representing former SunPower executive in litigation asserting, inter alia, trade secret misappropriation, breach of contract, and breach of the duty of loyalty.
  • Howard v. Goldbloom, et al., No. CGC-17-561624 (San Francisco Sup. Ct.).  Represented three venture capital firms in defense of lawsuit alleging breach of fiduciary duty and related claims arising from a financing and subsequent acquisition.
  • Incyte Corp. v. Flexus Biosciences, Inc., et al., No. N15C-09-055 (Del. Super. Ct.). Defended the founders of Flexus Biosciences against a trade secret misappropriation claim in which the plaintiff claimed up to $2.5 billion in damages; achieved defense verdict following two-week trial in October 2018.
  • Wang v. Palo Alto Networks, Inc., et al., No. 12-5579-WHA (N.D. Cal.). Represented co-founder of Palo Alto Networks in defense of trade secret misappropriation and patent infringement claims; argued and won summary judgment on trade secret misappropriation claim. Successfully defended on appeal the overall trial court result. 686 Fed. App’x 890 (2017).
  • AMC Technology, LLC v. Cisco Systems, Inc., No. 11-3403-PSG (N.D. Cal.). Served as lead counsel for plaintiff in breach of contract dispute involving software development and delivery; following multi-day pretrial conference and motion hearing a favorable outcome was achieved.
  • E-Smart Technologies, Inc. v. Drizin, et al., No. 06-5528-MHP (N.D. Cal.). Appointed by the court to represent the Northern District of California in civil contempt proceedings; first-chair trial counsel for bench trial that resulted in the finding of civil contempt (2011 U.S. Dist. LEXIS 53129).
  • McDonald v. Krook, et al., No. 108-CV-126702 (Santa Clara Super. Ct.). Defended pre-merger and post-merger company, CEO, and CFO against breach of contract, breach of fiduciary duty, and constructive fraud claims; prevailed on summary judgment.

Awards & Community

Recognized as a "Local Litigation Star" by Benchmark Litigation, 2019 & 2020

Recognized as a Northern California Super Lawyer (Thomson Reuters), 2013-2020

Recognized as a Northern California Super Lawyer-Rising Star (Thomson Reuters), 2012

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