Jennifer B. Maisel
An emerging thought leader on the intersection of artificial intelligence and the law, Jen makes use of her technical background in information science and operations research in her practice focusing on intellectual property and privacy law issues involving cutting edge technology. Her practice encompasses all aspects of intellectual property law including litigation, patent prosecution, transactions, opinions, and counselling. She is also a Certified Information Privacy Professional in the United States (CIPP/US) and counsels clients on privacy and data security matters. She is selected to the Washington, DC Super Lawyers "Rising Star" list (2018-2021) and is included in Best Lawyers: Ones to Watch (2021-2022), which recognizes extraordinary lawyers who have been in private practice for less than 10 years.
Jen serves a diverse range of clients, ranging from solo inventors and start-ups to Fortune 100 companies, in matters concerning artificial intelligence/machine learning, telecommunications systems, Internet of Things (IoT), “big data” technologies, mobile and website applications, and other digital technology. 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 counselling 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.
Jen advises clients on data security policies and procedures for protecting trade secrets, along with sensitive and personal information in compliance with state and federal laws. She counsels clients on contractual, technological, and enforcement strategies to protect valuable datasets and business information, while addressing issues such as web scraping or data breaches.
Jen joined the firm full time in 2012 after graduating with honors from The George Washington University Law School. She 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.
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 favourable 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
Areas of Concentration
Publications & Presentations
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).
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).
Author, “NSCAI Final Report: United States Must Up Its IP Game to Win the AI Race,” IP Watchdog (Mar. 11, 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).
Co-Author, "Risk Mitigation for Social Media Cos. in Light of Trump Order," IP Law360 (June 22, 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).
Co-Author, "New EU Patent Guidelines May Affect Companies' AI Strategy," IP Law360 (October 31, 2018).
Co-Author, "Data privacy and
Co-Author, Media Law Resource Center (MLRC) Media Privacy & Related Law 50-State Survey, Chapter on District of Columbia (2013-2020).
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)
Included in the inaugural edition of Best Lawyers: Ones To Watch (2021-2022)
Selected to the Washington, DC Super Lawyers "Rising Star" list (2018-2021)
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)