Overview
Jarom Kesler focuses on building, strengthening, and deploying patent portfolios in view of contentious proceedings. He advises clients on strategic patent portfolio development, strategic acquisition and valuation, trade secret protection, infringement and validity analyses, licensing, diligence, and intellectual property-driven business matters. Jarom is known for procuring patents in anticipation of and during litigation and for aligning prosecution strategy with district court, International Trade Commission (ITC), Patent Trial and Appeal Board (PTAB), and appellate objectives.
With more than two decades of experience in high-stakes intellectual property disputes and worldwide enforcement and defense matters, Jarom works closely with his client’s senior management, engineers, and trial teams to develop durable IP positions that support litigation, licensing, and business strategy. His practice spans medical devices and diagnostics, respiratory therapy, electronics, signal processing, software-enabled systems, communications technology, and alternative energy technologies.
Jarom has substantial experience in post-grant and Patent Office proceedings, including over 50 ex parte reexaminations, dozens of inter partes reviews, reissue, and Federal Circuit matters.
Education
- University of Minnesota Law School (J.D., 2005), cum laude, Director - University of Minnesota Intellectual Property Moot Court
- Brigham Young University (B.S. Electrical Engineering, 2002)
Representative Experience
Masimo v. Apple — Multi-forum litigation, ITC, and PTAB proceedings
Procured and defended patents asserted against Apple in a multi-venue dispute over wearable health technologies. In the ITC, the asserted patent portfolio supported a Section 337 violation finding and the issuance of a limited exclusion order and cease-and-desist order directed to certain Apple Watch products. In district court, the same patents led to a jury verdict of $634M. Jarom also led PTAB defense teams defending against Apple-filed IPRs and ex parte reexamations involving asserted Masimo patents, successfully defending the asserted Masimo patents without amendment.
Masimo v. Philips — Litigation-aligned patent prosecution driving enforcement leverage
Prosecuted patents that became central to Masimo’s enforcement strategy against Philips. Jarom’s litigation-aligned prosecution work led to a $443 million judgment and a highly favorable long-term business relationship between the companies.
Nomadix litigations — Patents later asserted in major enforcement matters
Obtained multiple patent families asserted across Nomadix litigations, including disputes against Hewlett-Packard, Wayport, iBahn, Aruba Networks, GuestTek, Lodgenet, Superclick, and Second Rule. In Nomadix v. GuestTek, Jarom’s work on infringing-device analysis, competitor patent strategy, and prosecution of patents at the center of the dispute contributed to court judgments and settlements totaling in the tens of millions of dollars.
Fisher & Paykel Healthcare — Patent procurement and IPR defense in respiratory technology
Obtained patents asserted against ResMed and successfully defended IPRs filed by ResMed against Fisher & Paykel Healthcare patents.
Ex parte reexamination and PTAB strategy
Regularly advises clients on offensive and defensive Patent Office proceedings, including ex parte reexaminations, IPRs, appeals and related validity strategy.
Recognition
Awards & Honors
- IAM Strategy 300: The World’s Leading IP Strategists (2023–2025).
- Recognized in Patexia’s 2023 PTAB Intelligence Report as a “Top Performer.”
News & Insights
Articles
Joshua Martineau and Jarom Kesler Explore New USPTO Procedure for Ex Parte Reexamination in Law360 (2026).
“Barriers to Entry: The Patent System’s Silver Bullet for Medical Companies,” Diagnostics World News (2019).
“Intellectual Property Can Make or Break the Best Ideas,” RTC Magazine (2016).
“What Medical Device Companies Need to Know about Intellectual Property,” MEDS Magazine (2012).
