Jennifer L. Gilbert

Special Counsel
Special Counsel
Silicon Valley
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 and 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. She litigates 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 makes her particularly adept at client counseling, negotiations, strategic case development, jury selection and trial management. A native speaker fluent in both written and spoken Mandarin, she counsels clients in their preferred language, bridging communication gaps and helping clients understand litigation-related documents written in English.

Jennifer has secured hundreds of millions of dollars in favorable verdicts, pre-suit resolutions and settlements for clients, earning 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 both 2024 and 2025, the Minority Bar Coalition (MBC) honored Jennifer with its Unity Aard, an annual award recognizing leaders from MBC member organizations who promote diversity in both the legal profession and local communities. She was recognized for her leadership of the Chinese American Lawyers of the Bay Area, where she has held leadership roles since 2019 and currently serves as president.

In 2021, Daily Journal named Jennifer to its “Top 40 Under 40” list. She has also been recognized by Northern California Super Lawyers as a “Rising Star” every year from 2014 to 2022 and as a “Super Lawyer” in 2023 and 2024.

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

Experience & capabilities

Selected matters

  • 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 functionality 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

Background

Education

  • J.D., Santa Clara University School of Law, 2007
  • 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), President (2025 – 2027); Vice President (2019 – 2024)
  • Asian Pacific American Bar Association Silicon Valley (APABA-SV)

Languages

  • Mandarin
  • Taiwanese