Overview

As a highly skilled strategist and thought leader, Jennifer Maisel ("Jen") focuses her practice in an exceptionally challenging area of intellectual property law and litigation concerning rapidly-evolving digital technologies. In addition to representing large corporate clients, Jen also concentrates her practice on emerging companies with breakthrough innovations in artificial intelligence and machine learning, virtual reality, big data, the Internet of Things, privacy, cybersecurity, and blockchain technologies.

Jen excels at managing situations in which the variables can easily outnumber the constraints. In her day-to-day practice, she excels at communication and transforming raw technical concepts into concrete and effective results for clients for any issue, whether it is a new patent application or a winning strategy for litigation. Because she is conversant in the technology, she is highly skilled at seeing how technical concepts fit into a legal framework and precedent. Jen is also very process-oriented, keeping matters organized and on task so she can meet her client’s strategic objectives. This includes using data and research to help drive the decision making process to an optimal solution. In a legal environment characterized by complex technologies, rapid change, and a host of uncertainty, Jen’s factual, data-driven and, above all, strategic approach ensures that her clients optimize their objectives to the greatest possible extent, while still managing risk.    

Jen has represented dozens of clients in intellectual property litigations in district courts throughout the country and at the appellate level before the U.S. Court of Appeals for the Federal Circuit and the U.S. Supreme Court. She is well versed in pre-litigation negotiation, investigation, and due diligence, drafting contentions, motions, and briefs, taking and defending depositions, engaging with opposing counsel, preparing experts, trial strategy, appearing for and arguing matters in court, and advising the client through each step of the process. Jen has expertise in the interplay between litigation and post-issuance proceedings, including inter partes review proceedings before the Patent Trial and Appeal Board and ex parte proceedings.  

Jen counsels clients in a wide variety of industries on identifying, procuring, and licensing valuable intellectual property rights, including patents, trade secrets, copyrights, trademarks, data rights, and open source/open data. Jen is registered to practice before the U.S. Patent and Trademark Office (USPTO) and counsels clients as to the scope, validity, and enforceability of rights of existing patents. She has drafted and prosecuted hundreds of patent applications before the USPTO for domestic and foreign-based clients, and skillfully navigates the patent-eligibility landscape.

Experience

Jen has prosecuted hundreds of patents to allowance and demonstrated success in intellectual property matters in District Court and before the Patent Trial and Appeal Board at the United States Patent and Trademark Office. Representative litigation matters include:

  • Maxell, Ltd. v. Fandango Media, LLC, 2:17-cv-07534 (C.D. Cal.): represented defendant Fandango in invalidating five of seven asserted patents and obtaining favorable non-infringing claim constructions for remaining two patents that led to complete victory with no payment to patent holder
  • Finite State Machine Labs, Inc. v. Spectracom Corp. et al., 17-cv-01040 (W.D. Tex.) – represented Plaintiff FSMLabs in asserting breach of contract, unfair competition, and misappropriation of trade secrets claims, arrived at successful resolution prior to summary judgment rulings
  • Music Choice v. Stingray Digital Group Inc., 2:16-cv-00876 (E.D. Tex.) – represented plaintiff Music Choice in asserting infringement of five patents pertaining to music distribution technology, arrived at successful resolution prior to trial
  • FlatWorld Interactives LLC v. LG Electronics, Inc. et al., 12-cv-964 (D. Del.) – represented defendant LG Electronics in patent-infringement lawsuit and arrived at successful resolution before close of fact discovery
  • Personal Audio v. CBS Corporation, 13-cv-00270 (E.D. TX.) – represented defendants CBS, NBC, and Fox in patent-infringement lawsuits pertaining to video streaming technology, awarded judgment in favor of CBS after trial, affirmed on appeal
  • Bartonfalls LLC v. CBS Interactive Inc. et al., 2:16-cv-01129 (E.D. Tex.) – represented media companies in patent-infringement lawsuit, obtained early and complete resolution of case on motion to dismiss based on non-infringement and patent expiration arguments
  • Eichenwald v. Rivello, 17-cv-01124 (D.Md) – represented plaintiff journalist who suffers from epilepsy in asserting claims of physical and emotional torts committed by defendant via a strobing GIF over Twitter, on issue of first impression Court held plaintiff stated a cause of action for battery in denial of defendant’s motion to dismiss
  • HBAC MatchMaker Media Inc. v. Fox Broadcasting Company et al., 1:13-cv-00431 (D. Del.) – represented media companies in patent-infringement lawsuit pertaining to video streaming technologies
  • Guyzar LLC v. Dow Jones & Company, Inc. et al., 2:16-v-00208 (E.D. Tex.) – represented media companies in patent-infringement lawsuits pertaining to log-in functionality

Honors & Recognitions

Washington, D.C. Super Lawyers "Rising Star"(2018-2022)

Best Lawyers: Ones to Watch (2021-2023)
Patent Law

Newsroom

News

Speaking Engagements

Jen lectures on emerging legal issues concerning artificial intelligence and machine learning technology, and authored a chapter, “AI in Augmented Reality and Entertainment” in an ABA book, Law of Artificial Intelligence and Smart Machines: Understanding A.I. and the Legal Impact (released August 2019).

Panelist, "Expediting or Delaying Patent Prosecution," FICPI Virtual Open Forum (Nov. 5, 2021).

Presenter, “Simulations and Virtual Realty – What Constitutes Patent-Eligible Subject Matter,” FICPI Webinar Series (May 12, 2021).

Presenter, “Data Protection for AI-Enabled Technologies,” IPO Software-Related Inventions Committee Meeting (Apr. 15, 2021).

Panelist, “The Data Protection Risks of Predictive AI Models,” American Intellectual Property Law Association Live Webinar (Mar. 17, 2021).

Presenter, “IP Protection Strategies for AI: Keep Them Secret or Go for the Patent,” Lexology Webinar (Mar. 2, 2021).

Moderator, “The Future of International Data Transfers After Schrems II,” ABA Webinar (Nov. 19, 2020).

Presenter, “Legal and Regulatory Framework: Internet of Things and AI-Enabled Technologies,” IEEE World Forum on Internet of Things 2020, IoT Standards Week Virtual Event” (Aug. 26, 2020).

Presenter, “Evolving Legal Landscape: Privacy, Data Protection and Cybersecurity for IoT, Big Data and AI-Enabled Technologies,” IoT Day Slam On Demand Program (April 9, 2020).

Panelist, “Managing the Hidden Imperatives of IoT: Software and Application Quality, Teamwork, and Legal Compliance,” IoT Day Slam Conference (April 9, 2020).

Panelist, “FinTech: Innovation v. Regulation,” inaugural Innovation in Business and Finance Law Conference, The George Washington University Law School (Feb. 26, 2020).

Panelist, “Navigating the Information Universe,” ABA Webinar (Nov. 18, 2019).

Panelist, “What US Lawyers Should Know About Artificial Intelligence,” ABA Webinar (Aug. 15, 2019).

Panel Moderator, "Tackling the trolls: Legislative trends towards NPEs," MIP US Patent Forum (March 25, 2014).

Publications

Jen lectures on emerging legal issues concerning artificial intelligence and machine learning technology, and authored a chapter, “AI in Augmented Reality and Entertainment” in an ABA book, Law of Artificial Intelligence and Smart Machines: Understanding A.I. and the Legal Impact (released August 2019).

Author, “NSCAI Final Report: United States Must Up Its IP Game to Win the AI Race,” IP Watchdog (Mar. 11, 2021).

Co-Author, "Risk Mitigation for Social Media Cos. in Light of Trump Order," IP Law360 (June 22, 2020).

Co-Author, "New EU Patent Guidelines May Affect Companies' AI Strategy," IP Law360 (October 31, 2018).

Co-Author, "Data privacy and cyber security: the importance of a proactive approach," Financier Worldwide (June 2018).

Co-Author, Media Law Resource Center (MLRC) Media Privacy & Related Law 50-State Survey, Chapter on District of Columbia (2013-2020).

Community & Professional

American Bar Association (ABA), Cyberspace Law Committee

American Intellectual Property Law Association (AIPLA), Co-chair of the Quantum Computing Subcommittee of the AIPLA Emerging Technologies Committee

International Association of Privacy Professionals (IAPP)

International Federation of Intellectual Property Attorneys (FICPI), Member of CET6 Software, High-Tech, and Computer Related Issues

District of Columbia Bar Association

New York Bar Association

Certified Information Privacy Professional in the United States (CIPP/US)

Education

J.D., The George Washington University Law School (with honors)

B.S., Information Science, Systems, and Technology with a specialization in Operations Research and Information Engineering, Cornell University's College of Engineering (cum laude)

Bar & Court Admissions

Bar Admissions

  • District of Columbia
  • New York
  • U.S. Patent and Trademark Office
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