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Jennifer Hayes



Jennifer Hayes focuses her practice on patent litigation, including inter partes review (IPR) and other post-grant review proceedings. Additionally, she has experience with cases involving trade secrets and copyrights.

What do you focus on?

Patent Litigation

My practice concentrates on resolving patent disputes in high-tech industries, such as wireless, lithium-ion batteries, medical device, 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 which I have used to effectively resolve a number of patent disputes. 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 involves advising clients on trade secret protection plans, copyright take-down notices and IP clauses in various business contracts.

What do you see on the horizon?

New patent litigation cases remain brisk, and IPRs and other post-grant reviews continue as a 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 increases.

Representative Experience

  • 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
  • In the Matter of Certain Laser Abraded Denim Garments (ITC). Represented Hennes & Mauritz AB (H&M), a multinational clothing-retail company, in the ITC in a patent dispute regarding laser abraded denim patents.
  • Successfully invalidated all instituted claims in IPR2016-01336 on behalf of client TrickleStar LLC, an electrical and electronic manufacturing company.
  • Successfully invalidated all but one instituted claim on all grounds in IPR2016-01528 on behalf of client OneD Material LLC (OneD), a company that supports the development of advanced lithium-ion batteries.  Represent OneD in related, copending district court litigation involving the same technology (Del.) and the Federal Circuit appeal of the IPR decision.
  • Represent Sierra Wireless, a multinational wireless communications equipment designer and manufacturer, in numerous cases including:
    • A patent infringement case related to components that boost connections between mobile devices and 3G networks. The case settled. Golden Bridge Technology Inc. v. Apple Inc., et al. (D. Del.)
    • A patent infringement case related to sales of wireless network adapters. The case was terminated. DNT, LLC v. Sprint Nextel Corporation, et al. (E.D. Va.)
    • A patent litigation matter relating to claims arising from OFDM (LTE) and multi-code CDMA technology. The case settled. Wi-Lan v. Sierra Wireless, et al. (E.D. Tex.)
    • A patent infringement case related to technology. The case was terminated. Iron Oak Technologies, LLC v. Sierra Wireless, Inc. et al. (D. Del.)
    • A patent infringement case and inter partes review proceedings (IPR2016-00055; IPR2015-01823) regarding wireless modules used in IoT devices. M2M Solutions v. Sierra Wireless America, Inc. (D. Del.)
    • A patent infringement case related to methods for the wireless transmission of data through a communications channel. The case was terminated. Magnacross LLC v. Sierra Wireless America, Inc. (E.D. Tex.)
    • Successfully invalidated all claims asserted in copending district court litigation in two IPRs.

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.

Contact

Jennifer Hayes

Partner

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

California

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 2013–2016.

  • 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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