Presided over 344 patent cases: A June 2018 Legal Metric report reflects a nearly even split in victory between the patent owner (47.8%) and the accused infringer (52.2%). The same report reflects that of the 13 cases that were later appealed, Judge Otero was affirmed, at least in part, in 90% of those cases.
Hon. S. James Otero (Ret.) comes to JAMS after serving for 30 years as a federal and state court judge in Los Angeles. Judge Otero has sat by designation on the United States Court of Appeals for the Ninth Circuit and is one of only two Central District Court judges to have been invited to sit on the United States Court of Appeals for the Federal Circuit. During his 16 years on the district court bench, Judge Otero presided over hundreds of trials and settlement conferences, including patent, trademark, copyright, defective product, catastrophic injury, securities, employment, class action and MDL antitrust lawsuits. As a senior district court Judge, Judge Otero was regularly sought by colleagues to settle complex disputes where prior settlement conferences proved unsuccessful.
Settled trade dress and copyright infringement action; plaintiff alleged that defendant's products mimicked the design, shape, size and color scheme of the plaintiff's products; the primary dispute involved whether plaintiff's trade dress was distinctive and/or had acquired secondary meaning
Settled patent infringement and trade secret action involving a gastric balloon device used to treat obesity; the dispute centered on the question of damages; plaintiff demanded a lump-sum upfront payment; defendants countered with a running royalty based on revenues
Settled misappropriation of trade secrets , breach of fiduciary duty and fraud claims arising out of a dispute between a startup and its former employee; plaintiff company connects assets to virtual platforms, wherein individuals can obtain interest in the assets using cryptologically secure blockchain transactions; plaintiff terminated defendant, and defendant allegedly failed to return and safeguard plaintiff’s intellectual property
Judge Otero is "settlement savvy" and goes "all out to try to settle a case."
Settled ADA Act claim for alleged failure to accommodate ; a minor, through his guardian ad litem, claimed that a teacher and school district subjected the special-needs student to ridicule, embarrassment and discrimination requiring that student to transfer to another school.
al., which is the federal case that encompasses the details of the Stormy Daniels–Donald Trump scandal. Otero dismissed Daniels (real name Stephanie Clifford) defamation claim on October 15, 2018, ruling that the tweet was protected by the First Amendment.
On August 29, 2013, Otero ruled that by not using the land to provide health care for armed forces veterans, the VA was in violation of federal law. He stated in his ruling that the agency had abused its discretion by leasing land for purposes "totally divorced from the provision of healthcare," but delayed enforcement of his order so the government could appeal.
He said that UC's review committees cited legitimate reasons for rejecting the texts - not because they contained religious viewpoints, but because they omitted important topics in science and history and failed to teach critical thinking.
On January 7, 2003, President George W. Bush nominated Otero to a seat on the Central District vacated by Richard Paez. He was confirmed by the United States Senate on February 10, 2003, and received his commission two days later. He assumed senior status on December 30, 2018, his 67th birthday. He retired on April 10, 2020.
Otero was born in Los Angeles, California. He received a Bachelor of Arts degree from California State University, Northridge in 1973 and a Juris Doctor from Stanford Law School in 1976.
On October 12, 2010, the Supreme Court declined to review the case, effectively ending it.