NEWS: 02.04.10: The Recorder

Wilson's Otteson Enters Solo Practice

After nearly 20 years as a patent litigator at Wilson Sonsini Goodrich & Rosati, partner James Otteson is going solo.

The inspiration for Agility IP Law, as his firm is called, was the high rates charged by patent lawyers at big firms.

"We saw a kind of dip in demand for patent litigation, and part of the reason was that clients were tired of spending a lot of money for attorney fees for a very uncertain ROI [return on investment]," said Otteson, who left Wilson last month. "I thought if I started my own law firm, I could cut my billing rate by 40 percent."

Otteson, who's known for trying cases in fast track International Trade Commission, said his rates were approaching $800 an hour this year. At his new firm, an hour of his time will cost $495.

He's settling into his new office, which he's subleasing from Bergeson, LLP, a San Jose litigation firm headed by Daniel Bergeson that's had a long referral relationship with Wilson Sonsini. Otteson said that he will be working with the Bergeson lawyers if he lands a big patent case, which always requires more than one lawyer.

Otteson was the head of Wilson's ITC practice and argued patent cases there for the likes of colorful clog-maker Crocs, which is still awaiting a decision. He also got a win for Nantong Foreign Trade against Cargill last year. Otteson left Wilson of his own volition and will continue to work with the firm, both sides said.

"Jim worked on a lot of important cases over the years and he's a find lawyer," said Michael Ladra, a longtime IP litigator at Wilson.

Otteson said he thought he'd never leave Wilson after joining in 1992, but acknowledged that it wasn't all roses. He said conflicts with Wilson's many corporate clients sometimes stood in the way of working on certain cases. He also said there were some "internal politics" that he didn't like.

"There were some political issues but I left on very good terms and I look forward to working with them," said Otteson.

Otteson is the second longtime IP litigator to leave Wilson in recent weeks. Michael Barclay announced last month that he's retired form the firm.

- Zusha Elinson

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