Jennifer Hayes

Jennifer Hayes focuses her practice on patent litigation. Jennifer has experience in trade secret, copyright and general commercial litigation and has also practiced as a patent prosecution attorney and patent agent.

What do you focus on?

Patent Litigation

My practice focuses on resolving patent disputes in the telecommunications and other high-tech industries. I have successfully argued motions in district court, deposed key fact and expert witnesses and negotiated settlements. I also have trial experience as well as experience in the use of inter partes review (IPR) and other post-grant review techniques as a defense to patent litigation. My engineering background and experience in all phases of patent litigation allow me to develop strategies that lead to the successful resolution of these complex cases.

Patent Portfolio Development and Strategy

I leverage my experience in patent litigation to develop strong patent portfolios for my clients. As a former Silicon Valley-based patent attorney, many of the clients I represent develop innovative technology in a variety of high-tech industries, such as telecommunications, semiconductors, software and medical devices.

Trade Secrets and Other Intellectual Property Advice

My practice also includes trade secret and copyright litigation matters. I have advised clients on trade secret protection plans, copyright take-down notices and intellectual property clauses in various business contracts as well as trade secret, copyright and commercial litigation.

What do you see on the horizon?

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

I am also seeing an uptick in trade secret litigation. I continue to counsel clients on the best strategies to protect their trade secrets, control risks and avoid potential trade secret misappropriation litigation.

Representative Experience

  • Johnstech International Corp. v. JF Technology Berhad, et al. (N.D. Cal.). Represent defendants in patent infringement lawsuit relating to integrated circuit testing devices.
  • M2M Solutions v. Sierra Wireless America, Inc. (D. Del.). Represent Sierra Wireless in patent infringement lawsuit and inter partes review proceeding regarding M2M and IoT devices.
  • Represented plaintiff and counter-defendant in state court in breach of contract and trade secret dispute involving a sale of a patent portfolio.
  • In the Matter of Certain Laser Abraded Denim Garments (ITC). Represented H&M in the ITC in a patent dispute regarding laser abraded denim patents.
  • WI-LAN Inc. v. Apple, Inc., et al. (E.D. Tex.), Wi-LAN USA Inc. v. Sierra Wireless America, Inc. (Fla.), Wi-LAN Inc. v. Sierra Wireless America, Inc. (E.D. Tex.).
    Represented Sierra Wireless in three simultaneously pending patent infringement lawsuits involving cellular technology.
  • NanoEnTek, Inc., et al. v. Bio-Rad Laboratories, Inc. (N.D. Cal.).
    Represented Bio-Rad in a patent infringement lawsuit involving medical device manufacturing process.
  • SPH America, LLC v. Acer Corp., et al.(S.D. Cal.).
    Represented Sierra Wireless, Fujitsu and General Dynamics Itronix in a patent infringement lawsuit involving patents claimed to be essential to WCDMA and CDMA2000 technology.
  • DNT LLC v. Sprint Spectrum, LP, et al. (E.D. Va.).
    Obtained jury verdict of noninfringement and invalidity in a patent matter against nonpracticing entity in case involving wireless telecommunications technology.

4 Times To File A Continuation Patent Application

Law360 | March 17, 2016

Silicon Valley IP litigation partner Jennifer Hayes provides third-party commentary throughout this article about when to file a continuation patent application.

On the Move

The Recorder | February 05, 2016

This coverage notes Silicon Valley IP litigation partner Jennifer Hayes election to the partnership news.

Get Ready For EU Unified Patent Court and Unitary Patent

Law360 | January 08, 2016

San Francisco IP litigation partner Ron Lopez and Silicon Valley IP litigation associate Jennifer Hayes co-authored this column on the new single Unified Patent Court with jurisdiction over European patents.


Jennifer Hayes


Los Angeles

Phone: 213-629-6179

Fax: 866-781-9391

University of San Diego School of Law, J.D.

California Polytechnic State University, San Luis Obispo, B.S., Mechanical Engineering


U.S. Patent and Trademark Office

U.S. District Court, Northern District of California

U.S. District Court, Southern District of California

U.S. District Court, Central District of California

U.S. Court of Appeals, Ninth Circuit

U.S. Court of Appeals, Federal Circuit

Jennifer has been recognized as one of Super Lawyer’s “Rising Stars” by the publishers of the Northern California Super Lawyers magazine for 2009 and 2013-2015.

American Bar Association (ABA), Intellectual Property Section
American Intellectual Property Law Association (AIPLA)
Leading Women in Technology

Jennifer is a member of the Pro Bono Committee.  She has performed pro bono work for Legal Services for Children and Legal Aid Society of San Mateo County. She is also responsible for introducing a patent pro bono program to Nixon Peabody through the California Lawyer for the Arts patent pro bono referral service initiated by the USPTO.

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