Jennifer Hayes

My focus

Patent Litigation

My practice concentrates on resolving patent disputes in high-tech industries, such as wireless, lithium-ion batteries, medical devices, software, internet of things (IoT), and other technology industries. I have successfully argued motions in district court, deposed key fact and expert witnesses and negotiated settlements. I am also well-versed in appearing before the Patent Trial and Appeal Board (PTAB), a venue that I have used to effectively resolve a number of patent disputes. I have also argued cases before the Federal Circuit. Leveraging my engineering background and patent litigation experience allows me to create comprehensive strategies that prioritize success as defined by my clients’ business priorities.

Patent Portfolio Development and Strategy

I strategize with my clients to develop strong and effective patent portfolios in a variety of different industries.

Trade Secrets and Other Intellectual Property Advice

I also handle trade secret, copyright, and commercial litigation matters. This portion of my practice also involves advising clients on trade secret protection plans, copyright take-down notices and IP clauses in various business contracts.

Representative experience

• Represent Validity, Inc., a data solutions company, in patent litigation. (D. Del., D. Mass.).
• Represent MemoryWeb, LLC, which develops photo organization/display technology to help users sort, find, and view their photos in multiple IPRs and PGRs filed by Unified Patents, Apple, and Samsung (PTAB).
• Represent Ramot at Tel Aviv University in multiple ex parte reexaminations filed by Cisco Systems (PTAB).
• Represented Arcadis in patent infringement case and IPR relating to soil washing.  Brice Envi. Services Corp. v. Arcadis U.S. Inc. (D. Alaska).
• Represented a university-sourced licensing entity in a patent-assertion action over network technology. KAIFI LLC v. T-Mobile (E.D. Tex.).
• Represented Workspot Inc. in a patent infringement lawsuit and several IPRs relating to remote application access using virtual machine technology. The case settled. Citrix Systems Inc. v. Workspot, Inc. (D. Del.).
• Represented JF Microtechnology, an integrated circuit testing device company, in a patent infringement lawsuit through trial relating to integrated circuit testing devices. Johnstech International Corp. v. JF Technology Berhad, et al. (N.D. Cal.).
• Represented plaintiff and counter-defendant in state court in a breach of contract and trade secret dispute involving a sale of a patent portfolio. Invention Capital Partners v. Phoenix Technologies.
• Represented Hennes & Mauritz AB (H&M), a multinational clothing-retail company, at the International Trade Commission (ITC) in a patent dispute regarding laser-abraded denim patents. In the Matter of Certain Laser Abraded Denim Garments (ITC).
• Successfully invalidated claims in IPR on behalf of client TrickleStar LLC, an electrical and electronic manufacturing company (PTAB).
• Successfully invalidated multiple claims in an IPR filed by OneD Material LLC, a company that develops advanced lithium-ion batteries.  Represented OneD in district court litigation involving the same technology (Del. and Cal.).
• Represent Sierra Wireless, a multinational wireless communications equipment designer and manufacturer, in numerous cases, including:
  • A patent infringement case and multiple IPRs relating to wireless modules used in IoT devices. Successfully obtained summary judgement of non-infringement and collateral estoppel; an order excluding Plaintiff's technical expert's testimony; an dan order that the case was exceptional, requiring Blackbird to pay attorney fees to Sierra Wireless. M3M Solutions v. Sierra Wireless America, Inc. (D. Del., PTAB)
  • A patent infringement case related to wireless technology. Magnacross LLC v. Sierra Wireless America, Inc. (E.D. Tex.)
  • A patent infringement case related to sales of wireless network adapters. DNT, LLC v. Sprint Nextel Corporation, et al. (E.D. Va.)
  • A patent infringement case relatin gto cellular technology. Golden Bridge Technology Inc. v. Apple Inc., et al. (D. Del.)
  • A patent litigation case relating to cellular technology. Wi-Lan v. Sierra Wireless, et al. (E.D. Tex.)
  • A patent litigation case relating to cellular technology.  SPH v. Sierra Wireless, et al. (S.D. Cal.)

Looking ahead

New patent litigation cases remain brisk, and IPRs and other PGRs continue as frontline defense in many cases. This is an important consideration for both plaintiffs and defendants in patent litigation.

I am interested in health and wellness and am excited by the industry’s adoption of technology to improve all aspects of an individual’s health and wellness. There are opportunities for players in this industry to develop strong patent portfolios but there are also potential risks for increased litigation as the adoption of technology and competition increase.