Jason Bussey is a Partner in the Firm’s Litigation Department. He represents clients in a wide variety of complex commercial matters, with an emphasis on antitrust and intellectual property litigation. Jason served as the lead associate—and, later, day-to-day partner—on several significant cartel cases, including In re DRAM and In re TFT-LCD, where he represented clients before the Department of Justice and in class, opt-out, and state attorneys’ general actions. Jason serves on the Executive Committee of the Antitrust, Unfair Competition, and Privacy Section of the California State Bar Association and frequently contributes articles on antitrust issues.
In his IP practice, Jason has represented some of the world’s largest technology companies, including Intel, and Verizon, at all stages of litigation, up to and through trial and on appeal. In both patent and antitrust matters, he frequently focuses on damages. In a recent patent infringement case, Jason deposed an expert survey witness, which resulted in the plaintiff immediately withdrawing the witness, eliminating an accused product from the case. Jason then successfully obtained the exclusion, in its entirety, of the testimony proffered by the damages expert in the same case. In an antitrust matter, Jason deposed an expert that a group of plaintiffs had retained to address damages issues. Jason successfully excluded portions of that expert’s testimony; two plaintiffs, in two separate trials, then elected not to call the expert to testify about his remaining opinions rather than have him cross examined based on his deposition performance.
Representative cases include:
Nortek v. Energy Labs: Represented Nortek Air Solutions during post-trial proceedings in a patent infringement case pending in the Northern District of California. In re TFT-LCD: Represented Innolux Corporation and HannStar Corporation in multidistrict price-fixing litigation involving thin-film-transistor (“TFT”) LCD panels. Obtained exclusion of testimony by damages-related expert. Obtained summary judgment, under the Foreign Trade Antitrust Act (“FTAIA”), for billion-dollar claim brought by Motorola, which was successfully defended before the Seventh Circuit Court of Appeals. In re DRAM: Represented Elpida Memory Inc. and Elpida Memory USA, Inc. in an investigation by the Department of Justice regarding the fixing of prices for dynamic random access memory (“DRAM”) and, later, in civil litigation and state attorney’s’ general actions involving the same subject matter. Obtained partial summary judgment under Illinois Brick, trimming damages by hundreds of millions of dollars. Federal Trade Commission v. Staples and Office Depot: Represented Office Depot in litigation regarding the FTC’s challenge to a proposed $6.3 billion merger with Staples. Robocast v. Consumer Electrics Company: Represented consumer electronics company in a patent infringement case in the District of Delaware. Deposed the plaintiff’s survey and damages expert, resulting in the withdrawal and exclusion, respectively, of their testimony. Also obtained partial summary judgment regarding willfulness and invalidity. ActiveVideo v. Verizon: Represented Verizon in a patent infringement case tried before a jury for more than three weeks in the Eastern District of Virginia, then on appeal before the Federal Circuit. Intel Corporation v. Nvidia Corporation: Represented Intel in Delaware Chancery court seeking a declaratory judgement regarding the scope of a patent license agreement. Mcintyre v. Minkey: Represented, pro bono, appellant before the California Court of Appeal (First Appellate Division). Obtained unanimous reversal of trial court decision refusing to extend domestic violence restraining order. Confidential Arbitration Matters: Separately represented technology and pharmaceutical companies in international arbitrations tried to decision pursuant to ICDRA and UNCITRAL rules, in London and New York, respectively.
Jason is Simpson Thacher’s first “home grown” partner in its Palo Alto office, having joined the Firm as a summer associate in 2002, returned full time in 2003, and remained resident in Palo Alto (apart from a brief period in Los Angeles) through his election to the partnership in 2013.
Although Jason does a wide variety of pro bono work, he is particularly passionate about criminal justice reform. He has worked as the Firm’s lead lawyer on two cases with the Northern California Innocence Project, both for clients who were convicted (in one case for murder, in the other, attempted murder) based on eyewitness testimony. In recognition of his efforts, the Northern California Innocence Project honored Jason with its annual Pro Bono Award in 2016. Jason has also served as the Firm’s “point person” for Clemency Project 2014, an initiative through which President Obama has commuted the sentences of non-violent, low-level offenders who would, if sentenced today, receive less severe penalties. In connection with that project, Jason has supervised associates from the Firm’s Palo Alto, New York, and D.C. offices, who collectively assessed dozens of applications and submitted numerous clemency petitions to the Office of Pardon Attorney.
When not practicing law, Jason practices rudiments behind his drum kit. He has played in several legal “battle of the band” competitions, including most recently a 2016 fundraiser benefitting the Family Violence Appellate Project (for whom Jason led a successful appeal in 2015), and at the 2015 Northern California Judicial Conference (supporting a band comprised of district court and magistrate judges from the Northern District). Musically, Jason’s interests range from jazz to metal.
After a stint at Berklee College of Music, Jason received a bachelor’s degree, with high departmental honors in philosophy, from the University of California at Berkeley in 2000. He graduated from Harvard Law School, cum laude, in 2003. Jason is admitted to practice in California, before the U.S. District Court of the Northern District of California and the U.S. Court of Appeals for the Federal Circuit.