James A. Gale

Co-Chair, Intellectual Property Litigation

Recent Publication:

VIII-150 - The FTC Noncompete Rule is Dead: What Now? [Employment Law Now Blog]

In this special 150th podcast episode, I am joined by my Cozen O'Connor colleagues David Barron and Jim Gale to discuss what is left of the FTC noncompete rule, if anything, and what employers should be doing next with the rule in the rearview mirror. Download this episode....

James A. (Jim) Gale focuses his practice in the area of intellectual property litigation and counseling. He is a registered patent attorney with 40 years of experience and is Chambers Band 1 ranked in Florida, Martindale AV Preeminent© rated, Board Certified in Intellectual Property by the Florida Bar, an AAA Arbitrator and the former inaugural chair of the IP Board Certification Committee. Jim has handled hundreds of cases involving patents, theft of trade secrets, restrictive covenants, trademarks, unfair competition, and internet disputes. He has appeared in over 400 federal cases in more than 48 federal district and circuit courts, as well as handled hundreds of injunctions in over 35 different states around the nation.

Jim's work and work ethic have always told a lot about his character. In 1989 his story was featured in The American Lawyer. An accomplished intellectual property litigator, Jim’s client list includes national and international high-technology manufacturers, as well as traditional brick-and-mortar clients. He was awarded the title of Patent Law Lawyer of the Year in Miami for 2016, 2017, and 2018 by Best Lawyers in America®. Jim was also appointed to the 11th Circuit Jury Instruction Panel to assist in drafting jury instructions for the recently enacted Federal Defend Trade Secrets Act. Jim has also served as an adjunct professor of trade secret and restrictive covenant law at the University of Miami School of Law, and was also an adjunct professor of patent and trade secret law at Florida International School of Law.

Not admitted to the D.C. Bar, practice limited to matters before the U.S. Patent & Trademark Office.

Experience

News

Best Lawyers Honors More Than 200 Cozen O'Connor Attorneys in its Best Lawyers in America 2025 Edition

August 15, 2024

Best Lawyers selected 242 Cozen O’Connor lawyers from 24 of the firm’s U.S. offices for inclusion in the 2025 edition of The Best Lawyers in America and Best Lawyers: Ones to Watch in America.

Six Cozen O'Connor Attorneys Recognized as IP Stars by Managing Intellectual Property

July 12, 2024

Frank Abramonte, Thomas Fisher, James Gale, Shane Hardy, Hugh Marbury, and Camille Miller were named IP Stars by Managing Intellectual Property. Abramonte, Fisher, Gale, and Marbury were named Patent Stars.

Super Lawyers Names 15 Cozen O’Connor Attorneys to its 2024 Florida List

July 03, 2024

Eight Cozen O’Connor attorneys have been recognized as Super Lawyers, including Susan N. Eisenberg, James A. Gale, Howard S. Krooks, Samuel A. Lewis, Ellen S. Morris, Stuart R. Morris, Ralf R. Rodriguez, and Martin T. Schrier. The seven Cozen O’Connor attorneys recognized as Rising Stars are Heather Beale, Tiffany Bustamante, J. Kent Crocker, Arielle Eisenberg, Alexandra J. Schultz, Natasha Shaikh, and Paul Souferis.

Tesla’s $1bn Secrets Suit Exposes Potholes for Electric Vehicle Makers

June 19, 2024

James Gale was quoted in a World IP Review article discussing the balance between openness and protection within the electric vehicle (EV) industry in light of Tesla’s $1 billion lawsuit against Matthews International.

Nearly 100 Cozen O’Connor Lawyers, 27 Practices Earn Top Recognition in Chambers USA 2024 Guide

June 10, 2024

Chambers USA rankings are based on an “assessment of a firm’s work and opinions from external market sources, with an emphasis on client feedback.” In order to be ranked in the guide, lawyers and firms must demonstrate “sustained excellence.”

FTC's Non-Compete Ban Likely to Face SCOTUS Challenge, Say Lawyers

April 24, 2024

James Gale was quoted in a World IP Review article discussing the potential for the U.S. Supreme Court to overturn the Federal Trade Commission’s (FTC) rule banning noncompetes.

KnowBe4 Sued for Patent Infringement by 'Patent Troll'

April 16, 2024

James Gale was quoted in a Tampa Bay Business Journal article discussing how the cybersecurity firm KnowBe4 is being sued by PacSec3 LLC, a Texas-based "non-practicing entity," for allegedly infringing on its patented technology called "packet flooding defense system."

James Gale Appointed Co-Chair of the ABA Commercial and Business Litigation Section Trade Secrets Litigation Subcommittee

November 13, 2023

James Gale, co-chair of the firm’s Intellectual Property Litigation group, has been appointed co-chair of the Trade Secrets Litigation Subcommittee for the American Bar Association Commercial and Business Litigation Section.

Best Lawyers Honors More Than 200 Cozen O'Connor Attorneys to its Best Lawyers in America 2024 Edition

August 17, 2023

Best Lawyers selected 232 Cozen O’Connor lawyers from 24 of the firm’s U.S. offices for inclusion in the 2024 edition of The Best Lawyers in America.

Super Lawyers Names 12 Cozen O’Connor Attorneys to its 2023 Florida List

June 30, 2023

Selection to Super Lawyers is based on peer nominations and evaluations, combined with independent research. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. Only 5% of attorneys are named Super Lawyers; only 2.5% of attorneys are listed as Rising Stars.

Eight Cozen O'Connor Attorneys Recognized as IP Stars by Managing Intellectual Property

June 27, 2023

Eight members of Cozen O'Connor’s Intellectual Property Department, Frank Abramonte, Noelle Engle-Hardy, Thomas Fisher, James Gale, Gregory Gulia, Shane Hardy, Hugh Marbury, and Camille Miller, were named IP Stars by Managing Intellectual Property.

Eighty-eight Cozen O’Connor Lawyers, 23 Practices Earn Top Recognition in Chambers USA 2023 Guide

June 05, 2023

Of the 88 lawyers ranked, 17 lawyers have been recognized nationally, and eighteen were recognized in Band 1. Eight of the firm's practice areas have been recognized nationally, and nine were ranked Band 1.

‘I hate this rule’: the FTC's controversial non-competes ban

January 17, 2023

Jim Gale spoke with World Intellectual Property Review to discuss the Federal Trade Commission's proposed rule banning noncompete agreements and its impact on trade secrets.

Broward Company Hits Luxury Bedding Seller With Trademark Complaint

August 25, 2022

James Gale spoke with the Daily Business Review, discussing a Broward County small business involved in a lawsuit with a Swedish ultra-luxury bedding company for the alleged misuse and abuse of the U.S. legal system.

More Than 200 Cozen O’Connor Attorneys Named Best Lawyers and Ones to Watch

August 22, 2022

210 Cozen O’Connor lawyers from 24 of the firm’s nationwide offices for inclusion in the 2023 edition of The Best Lawyers in America.

Super Lawyers Names 10 Cozen O’Connor Attorneys to its 2022 Florida List

July 11, 2022

Super Lawyers has named 10 Cozen O’Connor attorneys to its 2022 Florida Super Lawyers list.

Chambers Ranks 86 Cozen O’Connor Lawyers, 22 Practice Areas in Chambers USA 2022 Guide

June 02, 2022

Chambers USA, the leading annual guide to the top lawyers and law firms in the United States, has ranked 86 Cozen O’Connor lawyers as leaders in their respective fields in the guide’s 2022 edition.

Seven Cozen O'Connor Attorneys Named IP Stars by Managing Intellectual Property

May 31, 2022

Seven members of Cozen O'Connor’s Intellectual Property Department, Frank Abramonte, Thomas Fisher, James Gale, Gregory Gulia, Shane Hardy, Hugh Marbury, and Camille Miller have all been named IP Stars by Managing Intellectual Property.

Deerfield health care marketing company faces lawsuit for ‘bait-and-switch’

August 20, 2021

James Gale was quoted in Florida Politics discussing a recent complaint filed targeting Deerfield, Florida-based company Insurance Care Direct.

More Than 205 Cozen O’Connor Attorneys Named Best Lawyers and Ones to Watch By The Best Lawyers In America

August 19, 2021

Best Lawyers selected 210 Cozen O’Connor lawyers from 23 of the firm’s nationwide offices for inclusion in the 2022 edition of The Best Lawyers in America.

'So Many More People Calling Themselves IP Lawyers,' Creating Challenge for Attorneys in This Practice Area

July 19, 2021

In an interview with the Daily Business Review, Jim Gale discussed what keeps him awake about his practice, what attracted him to intellectual property law, how trade secret business held steady through the pandemic, if the COVID-19 outbreak resulted in an increase in trade secret litigation, and what he sees as a threat.

Super Lawyers Names Five Cozen O’Connor Attorneys to its 2021 Florida List

June 24, 2021

Super Lawyers has named five Cozen O’Connor attorneys to its 2021 Florida Super Lawyers list.

New Fla. Trade Secrets Law Seen As Too Easy To Abuse

June 11, 2021

James Gale was quoted in Law360 discussing how attorneys fear a new Florida trade secrets law that aims to target China and other foreign agents looking to steal intellectual property casts too wide a net and could catch employees in run-of-the-mill trade secrets disputes.

82 Cozen O’Connor Lawyers, 19 Practices Earn Top Recognition in Chambers USA 2021 Guide

May 26, 2021

Chambers USA, the leading annual guide to the top lawyers and law firms in the United States, has ranked 82 Cozen O’Connor lawyers as leaders in their respective fields in the guide’s 2021 edition; of those, 15 lawyers have been recognized nationally.

Six Cozen O’Connor Attorneys Recognized by the South Florida Legal Guide

February 02, 2021

Six Cozen O'Connor attorneys have been honored by the South Florida Legal Guide for their work in South Florida over the last year.

200 Cozen O’Connor Attorneys Named Best Lawyers and Ones to Watch By The Best Lawyers In America

August 20, 2020

Best Lawyers selected 200 Cozen O’Connor lawyers from 23 of the firm’s nationwide offices for inclusion in the 2021 edition of The Best Lawyers in America© (Copyright 2020 by Woodward/White, Inc., of Aiken, SC).

Super Lawyers Names Seven Florida Cozen O’Connor Attorneys to its 2020 List

June 11, 2020

Super Lawyers has named seven Cozen O'Connor attorneys to its 2020 Florida Super Lawyers and Rising Stars lists.

63 Cozen O’Connor Lawyers, 16 Practices Earn Top Recognition in Chambers USA 2020 Guide

May 14, 2020

Chambers USA, the leading annual guide to the top lawyers and law firms in the United States, has ranked 63 Cozen O’Connor lawyers as leaders in their respective fields in the guide’s 2020 edition.

Four Cozen O'Connor Attorneys Named IP Stars by Managing Intellectual Property

May 14, 2020

Four members of Cozen O'Connor’s Intellectual Property Group, Frank Abramonte, Thomas Fisher, James Gale, and Hugh Marbury, have all been named IP Stars by Managing Intellectual Property.

How To Protect Trade Secrets During The Pandemic

May 01, 2020

James Gale was quoted in Law360 discussing the risks of protecting trade secrets now that employees are working from home during the COVID-19 pandemic.

Trade Secrets: New Filings Increase

April 20, 2020

James Gale was quoted in Law 360 discussing the rise of trade secret cases in federal court since 2016.

James Gale Named to the 2020 Global Law Experts

February 06, 2020

James Gale was listed in the 2020 Global Law Experts handbook for his work in intellectual property at Cozen O'Connor.

Seven Cozen O'Connor Attorneys Recognized by the South Florida Legal Guide

December 17, 2019

Seven Cozen O'Connor attorney have been honored by the South Florida Legal Guide for their work in South Florida for the last year.

Publications

VIII-150 - The FTC Noncompete Rule is Dead: What Now? [Employment Law Now Blog]

September 10, 2024

In this special 150th podcast episode, I am joined by my Cozen O'Connor colleagues David Barron and Jim Gale to discuss what is left of the FTC noncompete rule, if anything, and what employers should be doing next with the rule in the rearview mirror. Download this episode....

Recent Trends in Trademark Protection, 2016 Edition

July 05, 2016

James Gale, co-chair, and Susan Latham, a member of Cozen O'Connor's Intellectual Property department, co-wrote a chapter in Recent Trends in Trademark Protection, 2016 edition titled, Best Practices for Evaluating Trademark Applications.

Events & Seminars

Past Events

Enforcement of Noncompetes: How Is It Poised to Change Due to Political Climate?

September 18, 2024 - Boston, MA

Protecting Your Business’s Local or National Workforce in a Quickly Changing Legislative Landscape

September 16, 2024 - New York, NY

The Perfect Employment Agreement to Protect Your Trade Secrets and Get Ownership Over IP

May 17, 2024 - Austin, TX

Patent Protection vs Trade Secrets: How to Protect your Trade Secret

March 15, 2023 - San Diego, CA

Filing and Protecting Your Trademarks

January 25, 2023 - Webinar

Exploring the Contours of What is a Trade Secret

December 09, 2022 - Miami, FL

Trade Secrets and Restrictive Covenants

October 11, 2022 - Las Vegas, NV

Patent Litigation Pitfalls and Trade Secret Protection as a Possible New Alternative

September 21, 2022 - London

Cannabis IP Issues – Branding & Protecting Your Company’s Assets

June 03, 2022 - Miami, FL

To patent or to keep secret

May 24, 2022 - New York, NY

Intellectual Property & Legal Technology

February 18, 2022 - Miami, Fla.

Cannabis Patent Litigation Updates: Recent Developments You Need to Know

November 10, 2021 - Webinar

Federal Involvement and Enforcement: Biden’s Executive Order and Other Federal Government Regulation and Enforcement

November 08, 2021 - Ausin, Texas

Patent and Trade Secret Issues: To Patent or Not to Patent; Trends and the Need for Insurance; Protecting Trade Secrets During Litigation; and Modern Trends in Trade Secret Valuation

May 26, 2021 - Webinar

Protecting Your Intellectual Property – Identifying, Registering, Insuring and Protecting Your Hemp & Cannabis Trademarks, Patents and Copyrights

January 28, 2021 - Webinar

Identifying, Registering and Insuring Trade Secrets

October 28, 2020 - Webinar

Assessing and Calculating Trade Secret Damages in 2020: Tools, Techniques and Best Practices

May 05, 2020 - Webinar

Trade Secrets: Key Considerations to Avoid Pitfalls

November 21, 2019 - Webinar

Education

  • University of Florida School of Law, J.D., 1983
  • University of Florida, B.S., 1980

Awards & Honors

AV Preeminent Rated, Martindale-Hubbell

Best Lawyers In America®, Patent Law Lawyer of the Year – Miami, 2018

Best Lawyers In America®, Litigation – Intellectual Property, Patent Law, 2006-2025

Chambers USA, 2020-2024

United States Lawyer Rankings, Top 10 Intellectual Property Lawyers in the United States, 2006 to Present

Member, The Million Dollar Advocates Forum

Florida Super Lawyers®, Top Attorneys in Florida, Intellectual Property Law, 2006 to Present

South Florida Legal Guide, Top Lawyers and Law Firms in South Florida, 2003 to Present

Top 100 Florida Super Lawyers®, 2008

Florida Trend Magazine’s Legal Elite, Top Lawyers in Florida, Intellectual Property

Top Attorneys In Florida, The Miami Herald, Tampa Bay Magazine and Orlando Life, 2014

International Intellectual Property Award, Acquisition International Magazine, 2014

Leaders in Law Award in Intellectual Property Rights, South Florida Business & Wealth, 2015

Marquis Who’s Who in America, 68th Edition to Present Edition

The International Who’s Who of Patent Lawyers, 2008 to Present

The International Who’s Who of Business Lawyers, 2009

Board Certified as a Specialist in Intellectual Property Law as Accredited by the Florida Bar, 2007 to Present

Appointed to the 11th Circuit Defend Trade Secret Jury Instruction Panel

Leaders in Intellectual Property & Patent Law, Business Leaders & Professionals Magazine, 2017

IP Star and Patent and Trademark Star by Managing IP 

Listed in the 2020 Global Law Experts

  • Florida
  • United States Patent and Trademark Office
  • Supreme Court of Florida
  • U.S. Supreme Court
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. Court of Appeals for the Eleventh Circuit
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. Court of Appeals for the Sixth Circuit
  • U.S. Court of Appeals for the Third Circuit
  • U.S. Court of International Trade
  • U.S. District Court -- Southern District of Florida
  • U.S. District Court -- Middle District of Florida
  • U.S. District Court -- Eastern District of Michigan
  • U.S. District Court -- Western District of Michigan
  • U.S. District Court -- Central District of Illinois
  • U.S. District Court -- Eastern District of Wisconsin
  • U.S. District Court -- Eastern District of Texas
  • U.S. District Court -- Colorado

Chair, Inaugural Committee for Intellectual Property Law Certification, The Florida Bar, 2007 to 2010

Former Chairman, Intellectual Property Committee, The Florida Bar, 2003 to 2005

Board member, Florida Bar Board of Legal Specialization & Education Committee, 2010 to Present

Member, Preliminary Relief Subcommittee of the Enforcement Committee, INTA, 2001 to 2012

Member, Trade Secret Committee, AIPLA

Co-Chair Litigation Subcommittee of the AIPLA Trade Secrets Committee, 2018 to Present

Fellow, Litigation Counsel of America