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Jennifer Albert, a partner in Goodwin Procter’s IP Litigation Group, has more than 25 years of intellectual property litigation experience. She focuses on litigation of claims relating to patent, trademark and copyright matters, including infringement claims, unfair competition and deceptive trade practices, misappropriation of trade secrets, false advertising and claims relating to licensing, distribution and other contracts involving intellectual property rights. Ms. Albert also counsels clients on the protection, enforcement, licensing and acquisition of patent, trademark, copyright, trade secret and other intellectual property rights, as well as the preparation and negotiation of agreements relating to such activities, and on issues involving cyberspace, ecommerce and online information services, as well as the preparation and negotiation of various types of computer and IT-related agreements.

Ms. Albert has tried cases in federal courts throughout the country and at the International Trade Commission. She also participates in post-grant proceedings before the U.S. Patent Office. In addition to her extensive trial experience, she has briefed or argued appellate cases in the U.S. Supreme Court and the U.S. Court of Appeals for the Federal Circuit. Ms. Albert is regularly recognized as one of the nation’s leading IP litigators, by sources including Managing Intellectual Property, The Legal 500 and DC Super Lawyers. In 2014, Law360 named Ms. Albert one of “The 20 Most Influential Women in IP Law”.

  • ePlus in a trial that involved claims that adjudicated infringer Lawson Software is in contempt of an injunction issued following a jury verdict in favor of ePlus. Obtained decision finding Lawson in contempt of the injunction and an award of $18 million in damages for the one-year contempt period and a fine of $62,000 per day until Lawson complies with injunction. (Lead trial and appellate counsel)
  • ePlus in a case involving claims of patent infringement relating to various Lawson Software procurement systems. Following a three-week trial, the jury found several different Lawson systems infringed ePlus’ patents and that all the claims were valid. Subsequent to the trial, the court held an evidentiary hearing on ePlus’ motion for entry of a permanent injunction, which was granted. The injunction was affirmed on appeal. (Co-lead trial and appellate counsel)
  • ePlus in a patent infringement action against Ariba relating to its Ariba Buyer and Ariba Supplier Network electronic procurement systems. After a two-week trial on liability issues, the jury found that Ariba willfully infringed all of the claims at issue from the three patents-in-suit. Following the jury's verdict, the parties entered into a settlement and license agreement pursuant to which Ariba paid ePlus $37 million. (Co-lead trial counsel)
  • ePlus against SAP AG and SAP America  in a case involving claims of patent infringement relating to SAP’s Enterprise Buyer Professional and Supplier Relationship Management products. After a three-week trial, the case was settled while awaiting the court’s decision. (Co-lead trial counsel)
  • Textron Innovations in a case against American Eurocopter and Eurocopter involving claims of patent infringement relating to the landing gear of Eurocopter’s EC120 helicopter. A summary judgment of noninfringement was reversed by the Federal Circuit. On remand, the district court entered a favorable claim construction decision. The parties settled the litigation shortly before trial. (Co-lead counsel)
  • Hewlett-Packard in a case in which Rembrandt Data Technologies accused HP of infringing patents relating to dial-up modems commonly found in fax machines and laptop computers. Following a favorable claim construction ruling and a summary judgment decision finding one patent-in-suit invalid as indefinite, Rembrandt dismissed its remaining claims against HP after conceding that it would be unable to prove infringement of the remaining patent-in-suit given the court’s claim construction.
  • MercExchange in the landmark case of MercExchange v. eBay in which MercExchange alleged eBay and Half.com infringed its patents related to online markets and auctions. The jury returned a $35 million verdict against the defendants, finding that they willfully infringed 41 claims in two patents-in-suit. At the Federal Circuit, judgment for $25 million was upheld and an injunction against the defendants was ordered. The U.S. Supreme Court granted eBay’s petition for certiorari on the injunction issue and reversed and remanded for further proceedings. (Co-lead trial and appellate counsel)
  • Augme Technologies in patent infringement action against Pandora Media relating to software-based media appliances, such as a virtual radio that is customized to deliver media content, including music, based on the information content of the web page. The case was settled after discovery closed following a favorable claim construction ruling. (Lead counsel)
  • Augme Technologies in patent infringement actions against Tacoda and AOL relating to software for the delivery of targeted advertising over the Internet. Successfully defeated defendants’ motion for summary judgment of noninfringement. Cases settled thereafter. (Co-lead counsel)
  • First USA Bank, N.A. (now known as JP Morgan Chase Bank, N.A.) in a patent infringement action against PayPal, Inc. related to online payment systems and verification techniques. The action resulted in a favorable settlement following the completion of the fact discovery phase of the case.
  • Mitsuboshi Cutlery, Inc. in a case involving claims of patent and trademark infringement and breach of contract counterclaim. The Federal Circuit held that Mitsuboshi was not liable for patent or trademark infringement as a matter of law and affirmed the jury’s verdict in Mitsuboshi’s favor on its breach of contract counterclaim. Case of first impression on issue of interplay between the Uniform Commercial Code and patent law. (Trial and appellate counsel)
  • OSRAM GmbH in the 802 ITC Investigation in which LG Electronics contended that certain OSRAM LEDs and products containing such LEDs infringed eight LG patents. Over the course of the investigation, LG withdrew its contentions with respect  to six of the eight  patents-in-suit. Following trial, but prior to the issuance of the ALJ’s initial determination, the parties entered into a settlement. (Trial counsel)
  • OSRAM  GmbH in the 784 ITC Investigation asserting that LG Electronics infringed OSRAM’s patents involving LED light conversion and packaging technology. Obtained initial determination that patent was valid, enforceable and infringed following trial. The parties entered into a settlement thereafter.
  • Pass & Seymour in the 615 ITC Investigation asserting six patents related to ground fault circuit interrupters. The administrative law judge ruled in favor of
  • Pass & Seymour finding all six asserted patents valid, enforceable and infringed. The judge further recommended entry of a general exclusion order as a remedy for the infringement, and that cease and desist orders be issued against the U.S. distributors. The decision was affirmed-in-part resulting in the exclusion of 15 of 16 respondents from the U.S. market. (Trial and appellate counsel)
  • Tessera in the 605 and 649 ITC Investigations. In the 605 Investigation, the Commission found that the respondents infringed the patents-in-suit  both directly and indirectly and that the patents were not invalid. The Federal Circuit affirmed.
  • Stant, Inc. in an ITC investigation involving claims of patent, trademark and copyright infringement. Stant alleged that various Chinese manufacturers and their importers, distributors and retailers infringed six Stant patents and various Stant trademarks and copyrighted promotional materials. Stant obtained an exclusion order preventing the importation of the infringing products and related materials.
  • Central Parking Corp in a case against Park One Incorporated involving claims of trademark and copyright infringement and trade secret misappropriation. Following a preliminary injunction hearing with live witnesses, Central Parking obtained a preliminary and permanent injunction on its copyright infringement claim and then favorably settled its trademark infringement claim. (Lead trial counsel)
  • Master Trading, Inc. in an action against Adapt-A-Ball, Inc. involving claims of trademark and copyright infringement against Adapt-A-Ball. Master Trading obtained summary judgment of liability on its claims prior to trial. A monetary settlement of plaintiff’s claims followed. (Lead counsel)
  • IDB Mobile Communications against Synergistic Technologies in a case involving claims of copyright infringement, fraud, RICO violations, unfair competition and counterclaims of breach of contract and warranties and violations of the Virginia Computer Crimes Act in connection with switching equipment for mobile satellite communications systems. On IDB Mobile’s motion for summary judgment at the close of discovery, all of the plaintiff’s claims were dismissed. A favorable settlement of IDB Mobile’s counterclaims was also reached.  (Lead counsel)
  • APA-The Engineered Wood Ass'n in an action against Professional Service Industries, Inc. involving claims of copyright infringement, passing off and false advertising. APA obtained a preliminary and permanent injunction on the copyright infringement and passing off claims following a preliminary injunction hearing. The parties settled the false advertising claim in a mediation conducted just prior to trial. (Lead trial counsel)
  • Named by Managing Intellectual Property magazine as an IP Star in 2013 and 2014, as well as to its IP Stars' “Top 250 Women in IP,” a guide to the leading female intellectual property attorneys in the United States.
  • Selected by DC Super Lawyers for its Intellectual Property Litigation listings in 2012, 2013 and 2014. The Super Lawyers listing is chosen through a peer balloting process and through the independent research firm of Thomson Reuters.
  • Recognized by The Legal 500 - United States for patent litigation work.
  • Peer-rated AV-Preeminent by Martindale-Hubbell.
  • Named to the 2014 Women in Business Law Expert Guide.

Prior to joining Goodwin Procter in 2007, Ms. Albert was a partner at Hunton & Williams LLP. Before that, she was a partner at Arent Fox.

From 2003-2011, Ms. Albert served as general counsel to the American Intellectual Property Law Association (AIPLA). She is a member of the American Intellectual Property Law Association, the Intellectual Property Owners’ Association, the International Trademark Association and the ITC Trial Lawyers’ Association.

Ms. Albert is the co-author of numerous articles and publications, including:

  • “Strategies of Tech Business Include Utility Patents,” The National Law Journal
  • “The New Frontier – Computer Software Patents,” Corporate Counsel’s Quarterly
  • Internet World - Using the Web to Compete in a Global Marketplace (John Wiley & Sons, Inc.)

In addition, Ms. Albert is a frequent featured speaker at various industry seminars and events, such as those sponsored by the Intellectual Property Institute, the American Intellectual Property Law Association, the Licensing Executives Society, Mealey’s Publications and Law Seminars International, among others.