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Jennifer B. Maisel Associate
Overview

Jennifer Maisel's practice encompasses all aspects of intellectual property law including litigation, patent prosecution, transactions, opinions, and counseling. Mrs. Maisel is also a Certified Information Privacy Professional in the United States (CIPP/US) and counsels clients on privacy and data security matters. She has been selected to the Washington, DC Super Lawyers "Rising Star" list, and regularly writes and lectures on intellectual property and privacy law issues involving cutting edge technology.

Mrs. Maisel serves a diverse range of clients, ranging from solo inventors and start-ups to Fortune 100 companies. She has a technical background in information science and operations research engineering, and specializes in telecommunications systems, “big data” technologies, mobile and website applications, and artificial intelligence/machine learning. She represents clients in both federal courts and before the United States Patent and Trademark Office's Patent Trial and Appeal Board. She has significant experience with assisting clients from pre-litigation stages all the way through trial and appeal, as well as experience with the interplay between litigation and post-issuance proceedings. She provides counseling as to the scope, validity, and enforceability of rights of existing patents, and has drafted and prosecuted hundreds of patent applications before the USPTO for domestic and foreign-based clients.

Mrs. Maisel advises clients on data security policies and procedures for protecting trade secrets as well as sensitive and personal information in compliance with state and federal laws. She regularly counsels clients on contractual and technological measures to safeguard valuable business information provided over the Internet, addressing issues such as web scraping or data breaches.

Mrs. Maisel joined the firm full time in 2012 after graduating with honors from The George Washington University Law School. Mrs. Maisel also graduated cum laude from Cornell University's College of Engineering with a B.S. degree in Information Science, Systems, and Technology with a specialization in Operations Research and Information Engineering. She is registered to practice before the United States Patent and Trademark Office.

Experience

Mrs. Maisel 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, awarded early motion for summary judgment of patent-invalidity pursuant to section 101
  • 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 missapporopriation of trade secrets claims
  • 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
  • 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
  • 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
  • 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
  • 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
Publications & Presentations

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

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 (2013-2018).

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

Professional Affiliations, Honors & Recognition

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

Selected to the Washington, DC Super Lawyers "Rising Star" list (2018-2019)

Member of the New York Bar Association

Member of the District of Columbia Bar Association

Member of the American Bar Association (ABA), Cyberspace Law Committee

Member of the American Intellectual Property Law Association (AIPLA)

Member of the International Association of Privacy Professionals (IAPP)