• Jennifer L. Gilbert litigates complex intellectual property disputes, including patent infringement, trademark and trade secret cases; technology-related contract disputes; and complex commercial matters. A trial-tested advocate with nearly 20 years of background in intellectual property as well as extensive courtroom experience in state and federal courts across the country and before the U.S. International Trade Commission, Jennifer represents both intellectual property owners seeking to enforce their rights and companies defending against allegations of infringement. Jennifer has litigated disputes involving a variety of technologies, including computer software and hardware, cloud computing, data storage, network security systems, telecommunications, and smartphones and mobile technology.

    A skilled legal strategist, Jennifer has the keen ability to see the big picture, and her attention to detail as well as her personable and persuasive approach make her particularly adept at client counseling, negotiations, strategic case development, jury selection and trial management. Her successes on behalf of her clients, including hundreds of millions of dollars in favorable verdicts, pre-suit resolutions and settlements, have earned her a well-deserved reputation as a formidable advocate at trial and a compelling negotiator at the settlement table.

    Among her most notable cases, Jennifer successfully brought a five-patent enforcement action relating to computer network functionality and computer security against one of the largest global cloud-computing companies, securing a favorable settlement in less than two months. She also played a key role in securing a jury verdict of $9.25 million in a patent infringement suit involving automated synchronous price and advertising technology, and she was a critical member of the litigation team that tried two bench trials and a jury trial before ultimately obtaining a $12.5 million verdict on behalf of a Silicon Valley software development company in a breach of contract action against a leading global semiconductor company.

    In 2021, Daily Journal named Jennifer to its Top 40 Under 40 list. Jennifer has also been recognized by Northern California Super Lawyers as a Rising Star every year from 2014-2022, and as a Super Lawyer in 2023.

    Prior to joining Kramer Levin, Jennifer was a partner at a Silicon Valley-based intellectual property litigation firm.

    Experience

    • Represented patent holders in the Eastern District of Texas in a patent infringement litigation involving automated synchronous price and advertising technology and won a $9.25 million jury verdict.

    • Represented a Silicon Valley software development company in a breach of contract litigation involving the use of source code in its products without making the required payments, against a leading global semiconductor company, securing a $12.5 million jury verdict following two successful bench trials.

    • Represented a patent owner in the Western District of Texas in a patent infringement litigation relating to computer network and computer security against one of the largest global cloud-computing companies, securing a favorable settlement in less than two months.

    • Represented a global leader in data aggregation and data analytics in a pre-litigation commercial contract dispute involving the deployment of software applications in foreign jurisdictions.

    • Represented patent holders in the Eastern District of Texas in a series of patent infringement actions involving simultaneous dual-band routers against one of the largest global technology companies and obtained successful settlements.

    • Represented patent holders in the Eastern District of Texas in a series of patent infringement actions involving smartphones and similar handheld devices and obtained successful settlements.

    • Represented a patent holder in the Northern District of California in a patent infringement litigation regarding data vending systems involving portable data carriers against one of the largest global technology companies and obtained a successful settlement.

    • Represented a patent holder in the Eastern District of Texas in a series of patent infringement actions involving cloud storage technology and obtained successful settlements.

    • Represented a patent holder in the Eastern District of Texas in a patent infringement action involving email filtering technology against numerous multinational telecommunications companies and obtained successful settlements.

    • Represented a patent holder in the Northern District of California in a patent infringement action involving virtual file systems against an American subsidiary of IBM and obtained a successful settlement.

    • Represented a patent holder in the District of Colorado in a patent infringement litigation involving voice command and control technology in mobile devices against leading U.S. and global smartphone companies.

    • Represented a patent holder in the District of Nebraska in patent infringement litigation involving software licensing, activation and network security technology against leading global technology companies.

    • Represented a patent holder in a patent infringement action before the International Trade Commission involving motion-sensing video game technology.

    Credentials

    Education

    • J.D., Santa Clara University School of Law, 2007
      • Dean’s List
    • B.A., magna cum laude, Communication, Santa Clara University, 2003
      • Phi Beta Kappa
      • Alpha Sigma Nu

    Bar Admissions

    • California, 2008

    Court Admissions

    • U.S.C.A., Fourth Circuit
    • U.S.D.C., Northern District of California
    • U.S.D.C., Eastern District of California
    • U.S.D.C., Eastern District of Texas
    • U.S.D.C., Western District of Texas
    • U.S.D.C., District of Colorado
    • U.S.D.C., District of Nebraska

    Professional Affiliations

    • American Bar Association
    • Chinese American Lawyers of the Bay Area (CALOBA), Executive Committee member; Vice President of Operations (2019 – 2023)
    • Asian Pacific American Bar Association Silicon Valley (APABA-SV)
    • Chiefs in Intellectual Property (ChIPs)

    Languages

    • Mandarin
    • Taiwanese

    Focus Areas

  • Recognition

    2014 – 2023
    Thomson Reuters’ Northern California Super Lawyers
    Super Lawyer (2023); Rising Star (2014-2022)
    2014 – 2023
    Thomson Reuters’ Northern California Super Lawyers
    Top Women Attorneys in Northern California
    2021
    Daily Journal
    Top 40 Under 40