Jennifer L. Gilbert

As a young litigator, Gilbert has scored some impressive victories, including as part of small trial teams that won a $9.25 million jury verdict for patent infringement and a separate $12.5 million verdict against a major semiconductor company.

More recently, she settled a five-patent infringement case against a major technology company even before the defendants answered. “I don’t think I’ve ever had a settlement this fast,” she said. “We put a lot of work into the complaint, making it very detailed.” Daedalus Blue LLC v. Oracle Corp., 6:20-cv-00428 (W.D. Tex., filed May 26, 2020).

Another rapid settlement came in a patent infringement case in which she represented the defendant. Seven months after the lawsuit was filed and after two months of intense negotiations, she settled the case on terms that were “really much better than we ever imagined,” she said. SIPCO LLC v. Radio Thermostat Co. of America Inc., 5:19-cv-02510 (N.D. Cal., May 9, 2019).

Currently, she is representing a regular client, a nonpracticing entity, in a five-patent infringement case against Microsoft. “My main role is just managing and spearheading the case,” she said. Daedalus Blue LLC v. Microsoft Corp., 6:20-cv-1152 (W.D. Tex, filed Dec. 16, 2020)

Managing a lawsuit is something Gilbert enjoys doing and believes she excels at. “I’m quite good at managing very complex things and making sure that they don’t get out of hand,” she said. In trial, that can mean simply making a binder, keeping time and always knowing where every witness is.

“I’m very detail-oriented. People say I’m meticulous.”

Gilbert immigrated from Taiwan when she was 10 years old. She graduated in 2½ years with high honors from Santa Clara University as a communications major. Then she attended the university’s law school at night while working in Google’s legal department during the day.

She said her training in interpersonal communications and group dynamics gives her an edge in developing trial strategy. “I often try to look at the big picture … [or] the theme of our case,” she said. Especially in litigation over patents, “how do we communicate something so complex to a lay juror?”

Her undergraduate training also gave Gilbert another important trial skill. “I have a sense, whether it’s by observing their nonverbal cues or how they answer questions or maybe just understanding human behavior, I find I’m quite good at selecting juries for our trial,” she said.

— Don DeBenedictis