JIM KLAIBER

Principal and Registered Patent Attorney

jklaiber@klaiberip.com | LinkedIn

25 Years of Intellectual Property Law Experience

Jim is a highly regarded patent attorney who combines experience, pragmatic advice, and responsive service. He helps clients develop strong intellectual property assets, and when needed, serves as a powerful advocate to defend your rights in court and at the negotiating table.

Prior to founding Klaiber IP Law, Jim served as partner and counsel with major global and US law firms. He also worked as a research engineer with AT&T Bell Labs, where he designed undersea cable systems and developed fiber-optic guided missiles for the US government.

BUSINESS-FOCUSED ADVICE

Klaiber IP Law handles all major aspects of intellectual property and technology law — applying decades of expertise and knowledge to help you overcome challenges and build your company.

Expertise and Notable Cases

Jim helps clients obtain patents and avoid litigation through strong IP protection. He is also a respected trial lawyer, able to aggressively pursue your best outcomes through the courts when necessary.

He has played a leading role in litigating large intellectual property cases before the US District Courts, the International Trade Commission, the US Court of Appeals for the Federal Circuit, and the Supreme Court.

Significant cases have included:

DataCloud v. Squarespace: Led team representing Squarespace in patent litigations brought by non-practicing entities.

TC Heartland v. Kraft Foods: Represented the maker of Splenda, successfully convincing the Supreme Court to overturn decades of circuit precedent interpreting the patent venue statute.

Bosch v. Costco: Represented Costco in winning summary judgment, dismissing claims that Costco's windshield wiper products allegedly infringed four Bosch patents; also won six parallel USPTO IPR proceedings.

Enchante v. Helen of Troy: Represented housewares company Enchante, the declaratory judgment plaintiff, against assertions of patent and trademark infringement by OXO.

Stanacard v. Rubard: Represented international telecom Stanacard against a competitor accused of copying software code.

Sailed v. Amazon: Led team representing Sailed in obtaining an order permitting US discovery of Amazon under §1782.

SEC v. Matthew T. Mellon II et al.: Represented a billionaire cryptocurrency investor in two SEC investigations.

$4.5 Billion bankruptcy sale of Nortel's patent portfolio. Represented the bondholders in the sale to an Apple-led consortium.

Education

  • Fordham University School of Law, New York, NY. Juris Doctor. Concentration in intellectual property law. Dean’s List.

  • University of California, Berkeley, CA. Master of Engineering in Mechanical Engineering. Research work in artificial intelligence and machine learning for manufacturing, including sensors for precision machining.

  • University of Michigan, Ann Arbor, MI. Master of Science in Mechanical Engineering.

  • Massachusetts Institute of Technology (MIT), Cambridge, MA. Bachelor of Science in Mechanical Engineering.

Prior Legal and Engineering Experience

Prior to forming Klaiber IP Law, Jim served as a partner or counsel at leading US and global law firms, including Linklaters, Hughes Hubbard and Pryor Cashman. He began his legal career as an associate at Milbank.

Following graduate school, Jim spent seven years as a research engineer with AT&T Bell Labs, where he developed undersea cable systems and semiconductor manufacturing components, and designed fiber-optic guided missiles for the US government. He attended Fordham Law School at night, while continuing to work as an engineer. With a strong technical background, he can quickly understand your technology, and clearly explain nuances to patent examiners, judges and juries.

Bar Association, Honors and Non-Profit Leadership

  • New York City Bar Association. Council on Intellectual Property, Chair 2019-2022.

  • New York City Bar Association. Patents Committee, Chair 2013-2016.

  • MIT Enterprise Forum of New York City. Chair 2011-2012, Board of Directors 2006-2021. Led technology-focused non-profit with over 400 members.

  • University of Maine/National Science Foundation research program. Board Member 2005-2012, providing hands-on guidance on sensor fusion projects.

Jim also received the prestigious Burton Award for Distinguished Legal Writing, on electronic discovery in IP cases.

Personal

Jim grew up near Princeton, New Jersey and after college, moved back to New Jersey to work for Bell Labs. He and his wife subsequently lived in Greenwich Village and Brooklyn for many years, but after navigating New York City with small kids, were lured back to the Garden State for great schools and unpredictable commutes.

When not working, Jim enjoys traveling with his wife and now teenage daughters, maintaining their 100-year-old house, swimming, and debating the location of the best pizza in the Tri-State area.