Jacob Steven Wharton

I devote my practice primarily to intellectual property dispute resolution, including patent, trademark, and copyright infringement litigation; proceedings before the Trademark Trial & Appeal Board; trade secret misappropriation litigation; antitrust matters; and related intellectual property disputes. I have also counseled clients on defamation and trade libel matters. Prior to focusing on dispute resolution, I  prepared and prosecuted patent applications in the pharmaceutical, agriculture, biotechnology, and life science technologies. I have counseled institutional, corporate, and individual clients with respect to patent, copyright, and trademark strategic matters as well as technology transfer and inventions made with National Institutes of Health and other government support. I have also counseled furniture companies on critical and time-sensitive matters, such as intellectual property infringement issues connected with the High Point Furniture Market.

I have leveraged my patent experience as a registered patent attorney to develop significant skills in intellectual property litigation in the federal courts across the United States. I focus on the critical pre-trial steps, such as bringing and defending against motions for preliminary injunctions, patent claim construction, all phases of fact and expert discovery, and dispositive motions, that often position a case for a favorable disposition, either through summary judgment or settlement. My litigation experience involves various technologies and subject matters, including furniture design, pharmaceuticals, electrical engineering, mechanical engineering, software, business method, and design patents. I also have experience in the appellate arena, including appeals to the United States Court of Appeals for the Federal Circuit to which patent infringement cases are appealed.

I am a co-author of the Womble Carlyle Furniture Law Blog.

Examples of my recent experience include: 

• Representation of a major furniture company in copyright and trade dress infringement action. 
• Representation of a furniture company in prosecuting patent infringement actions against several infringers. 
• Representation of a major biotherapeutics and biotechnology company in defending a patent infringement action. 
• Representation of a well-known firearms and ammunition manufacturer in a patent, trademark, and breach of contract action. 
• Representation of a global cancer diagnostics company in a patent infringement matter resulting in a favorable settlement for the company. 
• Representation of a charitable organization in a trademark dispute in the United States and Israel, including obtaining preliminary injunctive relief for the client in the United States. 
• Representation of an apparel manufacturer in a counterfeiting action resulting in a final judgment in favor of the manufacturer. 
• Defense of a well-known furniture manufacturer in a patent infringement action.
• Representation of a specialty pharmaceutical company in patent litigation involving drug delivery technologies.