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Jon Jay advises businesses and insurance carriers across a variety of industries, helping them navigate intellectual property disputes, commercial litigation, and property and casualty insurance coverage issues. A seasoned litigator and trial attorney, he has wide ranging experience successfully resolving issues arising from patents, trademarks, trade dress, and trade secrets, as well as defamation, commercial disparagement, false advertising, fraud, mass tort, and bad faith claims.

Jon has extensive experience handling jury trials, court trials, and arbitrations, and has helped clients achieve victories with creative, cost-effective solutions for their most challenging litigation matters. Jon has practiced nationwide, pro hac vice, in many federal and state jurisdictions. He has also been involved in several international litigation matters in Italy, Africa, and Japan, as well as other foreign jurisdictions.

Before joining Hinshaw, he practiced at a firm where he led the intellectual property and insurance defense litigation groups. Additionally, for more than 10 years Jon was an owner of a full-service boutique intellectual property firm in Minneapolis, where he managed the full spectrum of intellectual property litigation. He began his career as a Special Assistant City Attorney in the Criminal Division in St. Paul, following an internship with the Criminal Division of the U.S. Attorney's Office in Washington, D.C.

Professional Affiliations

  • American Intellectual Property Law Association
  • Hennepin County Bar Association

Honors & Awards

  • Recognized on the Rising Stars list by Minnesota Super Lawyers magazine, 2001

Representative Matters

  • Intellectual Property
    • Trade Dress and Trademark. Defended major manufacturer and distributor of recreational vehicles sued by competitor in Indiana federal court for alleged trade dress and trademark infringement. Case result: Rule 12(b)(6) Motion to Dismiss trade dress claim granted in favor of client.
    • Trademark. Defended California company that pioneered tour and travel packages for "adult swingers" in trademark case. Following month-long jury trial in Orange County, California, there was a defense verdict in favor of client and award of compensatory and punitive damages in favor of client.
    • Patent, Trademark, and Trade Dress. Represented multi-national retailer in patent, trademark, and trade dress lawsuit in Nevada federal court. Secured summary judgment for defendant on patent and trade dress claims; prevailed on motions for sanctions against opposing party for discovery violations; jury returned defense verdict in favor of retailer. On appeal, Federal Circuit Court of Appeals affirmed all decisions of the trial court in per curiam decision.
      • See, Carpad, Inc. et al. v. Brookstone Company, Inc., 2006 WL 2883100 (C. A. Fed. 2006).
    • Patent. Handled gantry crane manufacturing concern, located in Italy, sued for alleged patent infringement by competitor, venued in the Eastern District of Wisconsin. Following an intensive discovery period—including retention of experts, working with foreign witnesses, drafting reports and preparing for hearing—the Plaintiff's Motion for Preliminary Injunction was defeated upon the court's finding that the Patent in Suit was of questionable validity. Case eventually dismissed based on finding claims of asserted patents invalid. Case eventually settled on favorable terms.
  • Insurance Coverage
    • Lead responsibility in Minnesota federal court for defense representation of USF&G in property insurance coverage dispute over the meaning of "direct physical loss" in business interruption coverage provision relating to "mad cow" losses. Case was initially dismissed on summary judgment in favor of USF&G by district court; policyholder appealed to 8th Circuit, then reversed; motion for Panel Rehearsing granted by Eighth Circuit; original grant of summary judgment re-instated by Eighth Circuit.
      • See, Source Food Technology, Inc. v. USF&G, 456 F.3d 8374 (8th Cir. 2006). The case was highlighted as the feature article in Insurance Litigation Reporter.
  • Commercial Litigation
    • Class Action. Represented major nationwide retailer sued on putative class action case in Southern District of Illinois. Case result: Motions to deny, dismiss fraud, RICO, and other claims granted by the court; class certification motion denied. Case was eventually dismissed by Plaintiffs.
    • Defamation. Represented defendant named in suit for defamation in Minnesota state court. Secured a favorable verdict for client following several day trial.

Presentations

  • "Claim Issues Arising in the Context of Potentially Covered IP Claims," In-House Seminar for Insurance Company Client, 2020
  • "Fighting Fire with Fire," DRI Seminar, 2018

Personal

Jon is the proud father of nine children. He enjoys spending time with his family, doing volunteer work for his parish in St. Paul, and all kinds of physical outdoor activities including fishing, hunting, and camping.

Community/Civic Activities

  • Nativity of Our Lord – St. Paul, Lector

J.D., cum laude, University of Minnesota Law School, 1987

B.A., magna cum laude, University of Minnesota – Duluth, 1983