Jonathan Tuminaro, Ph.D. is a director in Sterne Kessler’s Trial & Appellate and Electronics Practice Groups. Jonathan is an experienced trial lawyer who focuses his practice on complex electronics litigation in the U.S. district courts, the U.S. International Trade Commission (ITC), and the Patent Trial and Appeal Board (PTAB). He has represented some of the leading high-tech companies in patent litigation matters relating to telecommunications, network security, LCD flat-panel displays, computer graphics, automotive technologies, GPS location-based service, and wireless power transfer.

Jonathan is particularly well known for his extensive experience handling economics issues in patent litigation—including damages in district court, domestic industry at the ITC, and objective considerations of non-obviousness at the PTAB. He has defended patents that have led to judgments worth nearly $25M and has defended against patents where the damages were alleged to exceed $100M.

Jonathan is a sought-after writer and speaker on patent-litigation issues. He regularly speaks on the ever-evolving interplay between PTAB proceedings and infringement proceedings at the U.S. district court or the ITC. He is a contributing author of Patent Office Litigation, Second Edition (published 2017), co-authoring a chapter on the interplay between PTAB proceedings and investigations at the ITC. Jonathan is also a contributing author of Evidence in Patent Cases (published 2018), co-authoring a chapter on “Evidence Issues in Investigations at the United States International Trade Commission.”

Before becoming a practicing attorney, Jonathan received his bachelor’s degree in physics and mathematics from Canisius College and was a member of the 1995-1996 men’s basketball team that won the Metro Atlantic Athletic Conference Tournament and earned an automatic bid to the NCAA Division I men’s basketball tournament. He earned a master’s degree and a Ph.D. in physics from the University of Maryland. Jonathan received his J.D. from George Mason University School of Law.

Representative District Court Matters:

  • TRUSTID, Inc. v. Next Caller, Inc. (co-lead counsel for plaintiff in a trial where the jury returned a verdict of willful false advertising in favor of the plaintiff and awarded both compensatory and punitive damages) (D. Del.)
  • Proven Networks, LLC v. Palo Alto Networks Inc. (represented defendant in case involving network security) (W.D. Tex.)
  • MiiCs & Partners America, LLC et al. v. Funai Electric Co., Ltd. et al. (obtained final judgment in defendant’s favor after court granted motion to exclude testimony of plaintiff’s damages expert two days before a scheduled jury trial) (D. Del.)
  • Galderma Labs. Inc. v. Amneal Pharms., LLC (represented defendant in Hatch-Waxman litigation regarding an oral-dosage form for treating rosacea) (D. Del.)
  • 3M Innovative Props. Co. v. EnvisionWare, Inc. (represented defendant in patent litigation over library-automation equipment) (D. Minn.)

Representative PTAB Matters:

  • Palo Alto Networks v. Proven Networks (represented petitioner in multiple IPRs relating to network security) (PTAB)
  • Palo Alto Networks v. Sable Networks (represented petitioner in multiple IPRs relating to network security) (PTAB)
  • Google LLC v. AGIS Software Development, LLC, (representing petitioner in multiple IPRs relating to information sharing between mobile devices) (PTAB)
  • Telebrands Corp. v. Tinnus Enterprises, LLC, (represented patent owner in 7 post-grant review proceedings involving 5 different patents relating to a toy balloon apparatus; the PTAB denied institution on 4 of the PGR petitions and confirmed the patentability of all challenged claims in the other 3 PGR proceedings in Final Written Decisions; thus, all challenged claims of all 5 patents were successfully preserved) (PTAB)
  • Ford Motor Co. v. Versata Development Group, Inc., (represented patent owner relating to 14 IPR petitions; the PTAB denied institution on all 14 IPR petitions) (PTAB)
  • LG Electronics, Inc. v. ATI Techs. ULC, (represented patent owner in IPRs relating to graphics-processing technology) (PTAB)
  • Advanced Micro Devices, Inc. v. LG Electronics, (represented petitioner in an IPR relating to power management in a computing system) (PTAB)
  • Fujitsu Network Communications, Inc. v. Capella Photonics, Inc., IPR2015-00726 & -00727 (represented patent owner in IPRs relating to wavelength-selective switches in optical fiber networks) (PTAB)

Representative ITC Matters:

  • Certain Road Construction Machines & Components Thereof, Inv. No. 337-TA-1088 (represented respondents in a patent suit relating to road-milling machines and pavers and screeds) (International Trade Commission)
  • Certain Road Milling Machines & Components Thereof, Inv. No. 337-TA-1067 (represented complainant in a patent suit relating to road-milling machines) (International Trade Commission)
  • Certain Basketball Backboard Components & Products Containing the Same, Inv. No. 337-TA-1040 (represented complainant in a patent suit relating to recreational basketball backboards) (International Trade Commission)
  • Certain Radio Frequency Identification (“RFID”) Products and Components Thereof, Inv. No. 337-TA-979 (represented complainant in a patent suit relating to RFID technology) (International Trade Commission)
  • Certain Antivenom Compositions and Products Containing the Same, Inv. No. 337-TA-903 (represented certain respondents in a patent suit regarding snake antivenom) (International Trade Commission)
  • Certain Wireless Communications Base Stations and Components Thereof, Inv. No. 337-TA-871 (represented complainant regarding 4G LTE wireless-communication technology) (International Trade Commission)

  • Best Lawyers, “Best Lawyers: Ones to Watch® in America” (2024)
  • Super Lawyers, “Rising Star – Washington D.C.” (2019 – 2015)

  • J.D., George Mason University Antonin Scalia Law School
  • Ph.D., Physics, University of Maryland
  • M.S., Physics, University of Maryland
  • B.S., Physics and Mathematics, Canisius College, magna cum laude

  • District of Columbia
  • Maryland
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. District Court for the District of Colorado
  • U.S. District Court for the District of Columbia
  • United States Patent & Trademark Office

Speaking Engagement

Patent Litigation Trends & Forecasts

Palo Alto, CA, Sheraton Palo Alto Hotel, October 25, 2023 10:30 AM - 11:15 AM EST

Speaking Engagement

Emerging Strategies for Efficiently Dealing With NPE Patent Threats

San Jose, CA, The Westin San Jose, April 24, 2023 11:15 AM - 12:15 PM EST

Speaking Engagement

Litigation Trends & Forecasts in 2023

Palo Alto, CA, Crowne Plaza Cabana, October 11, 2022 9:45 AM - 10:30 AM EST

Speaking Engagement

A Balanced Approach to IP Litigation and Forecasts for 2022

Virtual, December 7, 2021 12:35 PM - 1:20 PM EST

Speaking Engagement

A Balanced Approach to IP Litigation and Forecasts for 2022

Virtual, September 23, 2021 10:00 AM - 10:45 AM EST

Speaking Engagement

MIP Innovation & Litigation Summit 2019

San Francisco, CA, Fairmont San Francisco, June 11, 2019 12:00 AM - 11:59 PM EST

Speaking Engagement

The 6th Annual IP Strategy Summit: Silicon Valley

Palo Alto, CA, Crowne Plaza Palo Alto, November 7, 2018 9:15 AM - 10:00 AM EST

Related Resources

From Jonathan Tuminaro, Ph.D.

Press Release

November 6, 2023

Sterne Kessler Notches Multiple Rankings in 2024 “Best Law Firms” List

Sterne, Kessler, Goldstein & Fox

Firm Announcements

September 6, 2023

Sterne Kessler Secures Denial of IPR for Patent Owner Eagleview Technologies

Sterne, Kessler, Goldstein & Fox

Reports

March 7, 2022

2021 PTAB Year in Review: Analysis & Trends

Sterne, Kessler, Goldstein & Fox Multiple Authors

Bylined Articles

March 7, 2022

IPR Estoppels: A Power Imbalance for Plaintiffs and Defendants

Sterne, Kessler, Goldstein & Fox Jonathan Tuminaro, Ph.D., Paige E. Cloud

Press Release

March 7, 2022

Sterne Kessler Publishes 2021 PTAB Year in Review: Analysis & Trends Report

Sterne, Kessler, Goldstein & Fox Jonathan Tuminaro, Ph.D., Paige E. Cloud

Client Alert

March 4, 2020

IP Hot Topic: 2019 PTAB Year in Review: Analysis & Trends

Multiple Authors

PTAB Strategies and Insights

February 28, 2020

PTAB Strategies and Insights - February 2020

Multiple Authors

Bylined Articles

February 28, 2020

Dramatic Changes to Motion to Amend Practice

Sterne, Kessler, Goldstein & Fox Jonathan Tuminaro, Ph.D., Tyler S. Hoge

Press Release

February 28, 2020

Sterne Kessler Publishes 2019 PTAB Year in Review Report

Sterne, Kessler, Goldstein & Fox P.L.L.C. Jonathan Tuminaro, Ph.D., Tyler S. Hoge

Reports

February 25, 2020

2019 PTAB Year in Review: Analysis & Trends

Sterne, Kessler, Goldstein & Fox Multiple Authors

In the News

December 3, 2019

Google Wins PTAB Challenge To Communications Patent

Law360 Multiple Authors

In the News

November 20, 2019

Google Gets Messaging Patent Trimmed At PTAB

Law360 Multiple Authors

In the News

July 23, 2019

Caterpillar Hit With Import Ban In Latest Round Of ITC Battle

Law360 Multiple Authors

In the News

April 22, 2019

Caterpillar Can't Ax Road Milling Machine Patent At ITC

Law360 Multiple Authors

In the News

April 16, 2019

Fitness Co. Seeks Ban On Nautilus Elliptical Machine Imports

Law360 Multiple Authors

In the News

January 22, 2019

Fed. Circ. Affirms Toshiba Win Over LCD Screen IP Suit

Law360 Multiple Authors

Books and Chapters

October 11, 2018

Evidence in Patent Cases

Bloomberg Law Jonathan Tuminaro, Ph.D.

In the News

April 27, 2018

Priced Out: IP Damages Experts Say Daubert Is A Squeeze

Law360 Jonathan Tuminaro, Ph.D.

Press Release

April 23, 2018

Sterne, Kessler, Goldstein & Fox Attorneys Named 2018 Super Lawyers and Rising Stars

Jonathan Tuminaro, Ph.D.

Presentations

March 9, 2018

Global IP Strategy Conference 2018 PowerPoint Presentations

Jonathan Tuminaro, Ph.D.

Bylined Articles

September 14, 2017

PTAB At 5: Part 4 — At The Intersection Of PTAB And Courts

Law360 Jonathan Tuminaro, Ph.D., Michael D. Specht

Press Release

April 11, 2017

Sterne, Kessler, Goldstein & Fox Attorneys Named 2017 Super Lawyers

Jonathan Tuminaro, Ph.D., Michael D. Specht

In the News

March 16, 2017

Versata Patent Targeted By Ford Ineligible For CBM Review

Law360 Jonathan Tuminaro, Ph.D., Michael D. Specht

Books and Chapters

February 17, 2017

Patent Office Litigation - Second Edition 2017

Thomson Reuters Westlaw Multiple Authors

Bylined Articles

April 1, 2016

An Important ITC Lesson For Tech Companies

Law360 Multiple Authors

In the News

February 25, 2016

PTAB Finds Patent For Monitoring Prison Gangs Is Obvious

Law360 Multiple Authors

In the News

February 4, 2016

Patent Litigator Revisits His College Hoops Days

Bisnow Multiple Authors

Press Release

January 8, 2015

Sterne Kessler Announces Election of Largest Director Class in Firm History

Multiple Authors