Jonathan S. Kim

Associate

Profile

Jonathan is an associate whose practice is focused on intellectual property litigation and complex business litigation in state and federal courts. Jonathan has represented both individuals and corporate entities in a variety of matters including patent infringement, state consumer fraud and deceptive business practice actions, constitutional and governmental litigation, professional malpractice, shareholder litigation, breach of contract, and other business disputes. Jonathan’s experience spans through all phases of litigation, from pleadings to trial and appeals. Jonathan is also licensed to practice before the U.S. Patent and Trademark Office.

Prior to joining Tabet DiVito & Rothstein, Jonathan was a federal judicial law clerk for the Honorable Lisa A. Jensen in the U.S. District Court for the Northern District of Illinois. Jonathan assisted with the active case management of over 350 cases and drafted numerous opinions on a variety of criminal and civil matters. Jonathan was also a litigation associate at an international law firm, where he represented and counseled clients in a range of complex litigation matters including high-stakes multidistrict litigation and patent litigation.

While in law school, Jonathan was a member of the Federal Civil Rights Clinic, where he represented an incarcerated individual in a federal civil rights action in the U.S. District Court for the Central District of Illinois. Jonathan first chaired a federal civil jury trial and successfully obtained a hung jury for his client—a first in the Clinic’s history.

Representative Experience

Patent Infringement

  • Thales Visionix Inc v. United States (U.S. Ct. Fed. Claims): Represented patent owner in patent infringement litigation involving motion tracking systems in helmet mounted displays produced for the U.S. Department of Defense’s F-35 fighter jet program.
  • Norix Group, Inc. v. Correctional Technologies, Inc. (N.D. Ill.): Representing patent owner in patent infringement and false advertising litigation involving intensive-use furniture; successfully dismissed Lanham Act and Illinois Uniform Deceptive Trade Practices Act counterclaims (2021 WL 5050281).

Business Litigation

  • Cooperatieve Rabobank U.A., New York Branch et al v. Crowe LLP (Fla. Cir. Ct.): Representing accounting firm in auditor malpractice and fraud litigation; successfully dismissed negligence and gross negligence claims.
  • Pieciak v. Crowe LLP (D. Vt.): Representing accounting firm in auditor malpractice and breach of contract litigation.
  • Pepper Constr. Co. v. Palmolive Tower Condominiums, LLC, 2021 IL App (1st) 200753: Represented general contractor against subcontractor in appeal; successfully obtained reversal of unjust enrichment award and prevailing party finding and defeated subcontractor’s cross appeal.
  • Indigo Old Corp. v. Guido (7th Cir.): Representing individual on appeal at the Seventh Circuit Court of Appeals to affirm dismissal of breach of guaranty claim.
  • Clesceri v. Nat’l Union Fire Ins. Co. of Pittsburgh (Ill. Cir. Ct.): Representing individual against insurer for refusal to pay defense and settlement costs; successfully dismissed insurer’s declaratory judgment counterclaims.

Constitutional and Governmental Litigation

  • Illinois Rd. & Transportation Builders Ass’n v. Cty. of Cook (Ill. 2021): Representing transportation industry associations on appeal at the Supreme Court of Illinois interpreting the Safe Roads Amendment of the Illinois Constitution.
  • Illinois Retired Teachers Ass’n v. Bd. of Tr. Teachers Ret. Sys. (Ill. Cir. Ct.): Representing the Illinois Retired Teachers Association for against the Teachers Retirement System Board of Trustees and others for violating the Pension Protection Clause of the Illinois Constitution.

Memberships & Affiliations

Jonathan is a member of the Chicago Bar Association, the Federal Bar Association, the Asian American Bar Association, and the Korean American Bar Association.

Credentials

Jonathan graduated from Northwestern University, receiving a B.A. with Honors in Biological Sciences (concentration in Genetics and Molecular Biology).

Jonathan received his J.D. from the University of Illinois College of Law, where he graduated magna cum laude. While in law school, Jonathan was the Executive Editor of the University of Illinois Law Review and a finalist in the Frederick Green Honorary Round Moot Court Competition.

Jonathan is admitted to the bar in the State of Illinois and the United States District Court for the Northern District of Illinois.

News & Publications

Key Considerations For Commercial Tenants Withholding Rent, Law360, August 17, 2021.

The Justiciability of Challenging the NCAA Restitution Rule, 8 Miss. Sports L. Rev. 49 (2019).

“Filtering” Copyright Infringement Analysis in Architectural Works, 2018 U. Ill. L. Rev. 281.