James L. Lovsin

Overview

James L. Lovsin is a partner with McDonnell Boehnen Hulbert & Berghoff LLP and serves as Chair of the firm’s PTAB Trials Practice Group. Mr. Lovsin concentrates his practice on intellectual property litigation and appeals, and patent and trademark procurement and counseling. He has experience in all phases of litigation and has litigated patents, trademarks, trade dress, copyrights, and trade secrets in U.S. District Courts. He has also represented clients before the U.S. Patent and Trademark Office in post-grant proceedings and oppositions, and has substantial experience preparing and prosecuting patent applications.

Mr. Lovsin has a particular interest in appellate practice before the U.S. Court of Appeals for the Federal Circuit. He has been lead appellate counsel and has argued before the Federal Circuit. He also has significant experience preparing merits briefs and amicus briefs. He has personally observed over a hundred oral arguments.

Mr. Lovsin also writes and speaks on issues related to the PTAB. He is a member of the PTAB Bar Association.

Prior to law school, Mr. Lovsin worked for ExxonMobil Refining & Supply Company as a reliability engineer and a mechanical engineer at the Joliet Refinery. While in law school, he worked for the University of Illinois Office of Technology Management.

Prior to joining MBHB, Mr. Lovsin served as a law clerk to the Honorable Pauline Newman of the U.S. Court of Appeals for the Federal Circuit.

Education
  • J.D., University of Illinois College of Law,

    Summa Cum Laude; Order of the Coif; Executive Editor, University of Illinois Law Review

  • B.S., Northwestern University,

    Mechanical Engineering, with Departmental Honors; Pi Tau Sigma

Bar Admissions
  • Illinois
  • U.S. Patent & Trademark Office
Memberships
  • Richard Linn American Inn of Court
  • Intellectual Property Owner’s Association
  • Federal Circuit Bar Association
  • PTAB Bar Association
  • Lake County Bar Association

Experience

Litigation and Appeals

  • Representing manufacturing corporation in appeal of inter partes review of patent related to conductive gels — as lead counsel, he argued before the Federal Circuit and the Court summarily affirmed
  • Representing retailer in inter partes review of patent related to cleaning tool
  • Representing innovator pharmaceutical corporation in drug patent litigation in multiple matters
  • Representing tool manufacturer in litigation involving claim of packaging trade dress infringement
  • Representing suppliers and re-sellers of lighting ballasts in litigation involving claims of patent infringement, trade secret misappropriation, trademark infringement, and breach of contract
  • Representing consumer products company in litigation involving claims of copyright infringement, trade dress infringement, and patent infringement

 

Patent and Trademark Procurement and Counseling

  • Counseling medical products company in patent and trademark matters
  • Preparing and prosecuting patent applications for a leading energy company
  • Preparing and prosecuting patent applications for a company in software, electronics, and mechanical products
  • Preparing and prosecuting patent applications for a national cellular wireless carrier

Published Articles

Eric Moran and James Lovsin “Register Early and Often or at Least Try to: Preparing for Copyright Enforcement” Fall 2017 Snippets.

James Lovsin and Andrew Williams, “Post-Grant Review Estoppel – Looking Forward by Looking Back at Estoppel in Inter-Partes and Covered-Business-Method Review” Winter 2017 Snippets.

Grantland Drutchas and James Lovsin, “Preclusive Effect Of PTAB Decisions Gets A Fresh Look” IP Law360.com, June 19, 2015. (reprinted from Spring 2015 Snippets)

Note, A Constitutional Door Ajar: Applying the Ex parte Young Doctrine to Declaratory Judgment Actions Seeking State Patent Invalidity, 2010 U. Ill. L. Rev. 265.