Jason T. Kunze

Jason focuses on complex disputes and transactions relating to software and networking technologies. He works with a variety of businesses—from startups to Fortune 500 companies—to aggressively resolve intellectual property (IP) matters. He has litigated copyright infringement, trade secret misappropriation, patent infringement, trademark infringement, breach of contract, and related claims. Jason has also represented clients in disputes pertaining to ownership of IPv4 address blocks.

Jason’s non-traditional career path has armed him with over a decade of experience as a software engineer. He leverages this industry experience to assist clients with a variety of IP projects, including ownership disputes, copyright protection, software licensing, technology negotiations, open-source software compliance, acquisition due diligence, and customized IP training for development teams. Jason also provides Chicago-based leadership for the Esports & Gaming team, allowing him the opportunity to unite his knowledge of video games with his passion for IP matters. Particularly in software development, implementation, and gaming environments, Jason is exceptionally positioned to apply his IP and licensing experience to help advance client needs.

My focus

Litigation of Software and Networking Technology

With more than ten years of industry experience as a software engineer at Motorola, Lucent Technologies, and at my startup company, I gained valuable practical knowledge that I am able to strategically leverage in complex IP matters. I have litigated cases involving complex technology such as mobile telecommunications, electronic security, automotive technology, video games, speech compression, image processing, distributed networks, ERP systems, health care technology, and many various web-based services. Because of my experience designing and implementing software features using languages such as C, C++, Assembler, and Java, I can quickly assess technical issues, develop legal arguments, and distill complex information into jury-friendly terms. My experience in the software industry is also an asset when I’m working with businesses to advise on strategies to protect leading-edge technology.

Technology Transactions and Software Licensing

The development, acquisition, and/or licensing of software assets raises many potential legal issues, such as ownership, access to source code, and ability to use and distribute the software. This is particularly true as software projects routinely leverage many third-party components. I assist clients in navigating these potential issues. For example, I provide assessments and related guidance regarding the use of open-source software, including customized training sessions on strategy and best practices. I conduct diligence and evaluate IP risk in relation to the sale or acquisition of software assets. I also prepare, revise, and/or negotiate software development licenses, master service contracts, website terms of use, and related agreements. Overall, I help clients assess potential risks and develop customized mitigation strategies to align with business strategy and risk tolerance.