Jonathan S. Kim

Associate

Profile

Jonathan Kim concentrates his practice in intellectual property litigation and complex commercial litigation in state court, federal court, arbitrations, and other quasi-judicial proceedings. Jonathan employs his technical and scientific background to effectively explain complex subject matters to judges and juries.

Jonathan has represented individuals and businesses in a wide range of commercial matters, including contract disputes, professional liability, and consumer fraud and deceptive business practices. Recent matters include defending an accounting firm against negligence, gross negligence, fraud, aiding and abetting fraud, and deceptive and unfair trade practices act claims, representing a former financial advisor for breach of contract claims before a JAMS arbitration hearing, and representing transportation industry associations at the Illinois Supreme Court, which held that Illinois’ home-rule municipalities must follow the Safe Roads Amendment of the Illinois Constitution and only use transportation-related taxes and other revenues for transportation-related purposes.

In intellectual property litigation, Jonathan has represented large and small companies in patent infringement litigation at federal district courts. Jonathan is also licensed to practice before the U.S. Patent and Trademark Office.

Prior to joining Tabet DiVito & Rothstein LLC, 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. Prior to clerking, Jonathan was a litigation associate at a large 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

  • Represented a former financial advisor in a JAMS arbitration hearing; successfully convincing an arbitrator to invalidate an amended promissory note with unfavorable interest rates.
  • Cooperatieve Rabobank U.A., New York Branch et al v. Crowe LLP (Fla. Cir. Ct.): Represented 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. 2022): Represented individual on appeal at the U.S. Court of Appeals for the Seventh Circuit; affirmed dismissal of breach of guaranty claim; obtained attorneys’ fees and costs at the trial court.
  • Clesceri v. Nat’l Union Fire Ins. Co. of Pittsburgh (Ill. Cir. Ct.): Represented individual against insurer for refusal to pay defense and settlement costs; successfully dismissed insurer’s declaratory judgment counterclaims; obtained favorable settlement.

Constitutional and Governmental Litigation

  • Illinois Rd. & Transportation Builders Ass’n v. Cnty. of Cook, 2022 IL 127126: Represented transportation industry associations at the Illinois Supreme Court, which held that Illinois’ home-rule municipalities must adhere to the Safe Roads Amendment of the Illinois Constitution requiring that transportation-related taxes and other revenues only be used for transportation-related purposes.
  • 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.