IP Litigation

Technology

• A multinational technology innovation company on its $12 billion nanotechnology dispute in confidential arbitration proceedings involving breach of contract, trade secret and patent entitlement issues relating to novel inventions concerning the manipulation of matter at atomic and molecular scales and alleged contributions to platform technologies.
• A leading AI developer in its $180 million arbitration under ICC Rules in relation to complex interpretation issues arising from related trade secrets lawsuits in the U.S. District Court for the District of Columbia and English-law-governed allegations of breach of confidence / trade secret misappropriation by an ex-director and rival company.
• A multinational platform provider in its defence of $32 million arbitration under LCIA Rules relating to allegations of breach of confidence, material breach of contract and purported failures to adhere to obligations of good faith in relation to a collaboration agreement for the provision of platform software and associated services to third parties.
• A multinational information and communications technology equipment and services company on the settlement of its global FRAND / SEP confidential dispute with streaming technologies licensors, including approach to the defence of UPC, U.K., Brazilian and U.S. proceedings.
• A leading consumer technology company on its U.K. and European litigation strategy in connection with significant FRAND patent licensing disputes relating to transmission technologies, including wi-fi, semiconductors, optical networks and electronic devices.
• An industrial manufacturer on its global patent and trade secrets litigation strategy in connection with fractionation technologies, including strategy for Unified Patent Court, U.K. and international actions.
• An international music publishing company and related artists on its $300 million copyright infringement dispute with investors over bond issuances relating to music catalogues, involving allegations across the U.S. and U.K. and associated conflict of laws issues. 

Life Sciences

• A leading life sciences company in its $2 billion international arbitration under ICC Rules involving the interpretation of a licence and collaboration agreement relating to an innovative drug product essential to autoimmune conditions of the central nervous system, resulting in the award of more than $22 million in fees and costs.
• A large European-headquartered pharmaceutical company in its defence of a $288 million arbitration under ICC Rules relating to the interpretation, validity and operation of complex pricing terms for the manufacture, sale and export of pharmaceutical products for anti-inflammatory, anti-asthmatic and antibiotic medications.
• A biopharmaceutical company on its patent protection and litigation strategy in Europe in connection with clinical drug candidates for a range of treatments.
• A multinational life sciences company in overlapping UPC, U.S., EPO and international court litigation across the globe to overcome patent ownership issues for a market-leading hormone treatment therapy, valued in the billions.
• A leading innovating life sciences company in connection with its patent and contract arbitration regarding complex processes to purify linearised DNA, involving entitlement and royalty issues arising from portfolios of over 200 patents relating to scientific manufacturing processes.
• A multinational life sciences company in its “hybrid” contractual and intellectual property / trade secrets arbitration relating to the allocation and ownership of inventions under a collaboration to develop and commercialize polypeptide-based bispecific antibodies used in combination with proprietary technologies for the treatment of a group of uncontrolled cell growth diseases.

Commercial Litigation

Jason’s practice often results in marquee engagements for international disputes which result in difficult conflict of laws issues, utilizing his experience and expertise in handling concurrent litigation in multiple jurisdictions. Representative matters include:

• Securities investors in connection with the €11.8 billion bond issuance litigation as part of Palladian Partners -v- Republic of Argentina in the English High Court and the Court of Appeal.
• A multinational media conglomerate in the successful defence of $900 million in damages asserted against it in connection with the alleged breach of multiple global contracts and joint venture agreements.
• Ripple in Ripple -v- Taasai and Ripple -v- GCC in cross-border litigation relating to crypto token issuances in the Commercial Court of the High Court of England and Wales.
• One of Europe’s largest infrastructure companies on its $3 billion data centre dispute in relation to hosting services across France, the U.K. and Ireland.
• The beneficiaries of an $860 million trust relating to international film rights in connection with parallel disputes in the English courts and U.S. state courts for negligent investment advice, breach of trust and breach of fiduciary duty.
• A large multinational in defending a number of mass arbitrations concerning 200,000+ claimants and in excess of $280 million in damages sought relating to the purported breach of consumer agreements, including issues of interpretation under complex issues of conflict of laws.
• A stock exchange in defending its $13 million arbitration under LCIA Rules from a commercial partner and collaborator concerning the alleged wrongful termination of an exclusivity agreement relating to the creation and distribution of products in the territory.
• A multinational technology platform in defending its $100 million aggregated dispute against 5,000 claimants for breach of contract, misrepresentation, breach of alleged duties of care and antitrust violations in relation to the safeguarding of data.
• A multinational technology platform provider in connection with its $26 million dispute regarding an international commodities exchange and related licences and indemnification obligations under LCIA Rules.

Artificial Intelligence

• One of the largest AI organizations in the world in connection with strategic responses to copyright litigation on generative AI development and implementation.
• A multinational AI company on issues relevant to the expansion of generative AI across the EU in connection with voice technology for natural speech synthesis.
• One of the largest global technology providers on litigation, regulatory and transparency requirements relating to the launch of new generative AI video creation technology.
• A multinational technology company on its strategy for implementation of the EU AI Act, including its approach to open-source software and open-source training models.
• A leading machine learning company on copyright and open-source software issues relating to the release of transformer-based language models for code generation and filtering.
• One of the largest brokers in the world on the development of their computer vision algorithms and AI models, including copyright and open-source analyses for image corpuses.
• A generative AI organization in connection with a U.K. public inquiry into Internet usage on the operation and effectiveness of AI models for anti-CSAM techniques (the use of image re-hashing and search technology, assisted by machine learning to improve accuracy in identifying images x-platform).
• A leading software provider in litigation asserting trade secret, copyright and database rights against a publicly listed insurance company relating to the use and exploitation of AI engines used as part of complex modelling operations for financial services.
• A multinational technology company on legal issues arising from the development and deployment of intelligent document processing models utilising natural language processing and object detection engines.
• A multinational technology company on litigation issues arising from the development and protection of AI algorithms used in neuroimaging analysis.
• An international consumer technology company on its litigation strategy with respect to its generative AI technologies and operations in connection with the training and development of models. 
• A leading online platform on intellectual property and regulatory implications relevant to the launch of a generative video and music product in 19 different jurisdictions across the world.
• A renowned multinational computer technology corporation on its development of native AI solutions, including issues arising from the utilisation of third-party AI models and research and development activities.
• A multinational technology company on the legal issues surrounding the inception, development and engineering changes necessary to incorporate new features for artificial intelligence and analytics navigating the U.K., European and U.S. (federal and state) laws relating to novel AI regulation and privacy issues.

Data

Jason represents clients in software and data / privacy-related disputes, particularly where there is an international element involving complex technologies. Representative examples include:

• Advising on strategy and managing international litigation arising out of cyber breaches for multinational companies including across the EU, U.S. and Asia and representing companies in regulatory appeals in connection with DPA enforcement.
• LastPass in advocacy before the U.K. ICO in connection with its penalty notice in respect of purported infringes of U.K. GDPR relating to encryption technologies.
• A leading medical device company in defending against group litigation in relation to alleged data protection failures arising from purported negligent operation of organisational measures.
• A leading finance technology company in connection with civil claims arising from alleged supply chain data breaches and associated claims from third parties.
• A leading cloud company in connection with asserted class action data subject claims for damages arising out of browser cookie circumvention and tracking technologies.
• A multinational investment and financial services company asserting damages of over $700 million for contractual breaches relating to the misuse of data against a publicly listed insurance company as part of complex platform arrangements.
• A multinational insurance conglomerate in its incident response, regulatory engagement, enforcement proceedings and third-party litigation arising out of allegedly negligently operated migration services.
• A multinational technology platform on claims from consumers and business users arising out of alleged GDPR breaches in connection with the facilitation of targeted advertising.
• One of the largest media companies in the world on litigation arising out of the operation of its advertising exchange and associated data breaches across the EU and U.K.
• An online consumer goods platform on its international regulatory engagement and enforcement appeals and related third collective action proceedings in the U.K. 
• Advising a multinational technology intermediary on the U.K. Competition Appeal Tribunal and GLO claims faced in connection with an incident resulting in the exposure of substantial amounts of user data.
• A leading financial institution on asserted GLO proceedings in the High Court relating to credit data disclosures and transfers.

Strategic Counselling

Jason also provides strategic counsel to a number of the world’s largest companies on the development, launch and expansion of their products and services, particularly in the technology space. This includes strategic counsel on emerging regulations and mitigating risks under the EU AI Act, EU DSA and DMA, media regulation, intermediary liability and associated litigation and negotiation and implementation strategies.

Speaking Engagements

• English Law and Litigation, JDD Consultants, CIPA Patent Examination Board Qualifications, Lead Tutor and Lecturer

Publications

• "IPM Year in review: Jason Raeburn on UK IP developments in 2020 and the outlook for 2021," Intellectual Property Magazine, Author (2020)
• "Unsupervised Learning: AI's dream = a lawyer's nightmare?," Lexology, Author (2020)
• "Vulnerable AI systems and trade secrets - is technology moving the goal posts for legal protection?," Lexology, Author (2020)
• "The Digital Looking Glass: Insights from the European Commission's White Paper on AI," Author (2020)
• "Advocacy in an alternative environment – Foreign requests for evidence – Some useful reminders," SAHCA, Author (2019)
• "Sterling on World Copyright Law," 7th Ed. (Hardback), Sweet & Maxwell, Author (2018)

• Solicitor – England & Wales
• Solicitor-Advocate – Higher Courts, Civil Proceedings, United Kingdom
• Member – Law Society of England and Wales
• Member – Society for Computers & Law (SCL)
• Committee Member – Solicitor's Association of Higher Court Advocates (2016-19)
• Pro Bono Advocacy Officer – Intellectual Property and Enterprise Court (under the Chartered Institute of Patent Attorneys Pro Bono Scheme)