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Jenny L. Colgate Member
Overview

Jenny L. Colgate is an experienced intellectual property litigator, who has litigated cases across numerous venues, including:

  • District Courts, including the District of Delaware, Eastern and Western Districts of Texas, Northern and Central Districts of California, Southern District of New York, District of New Jersey, Northern District of Illinois, Northern and Southern Districts of Ohio, Middle and Southern Districts of Florida;
  • Courts of Appeal, including the Federal Circuit Court of Appeals and the District of Columbia Court of Appeals;
  • Agencies, including the International Trade Commission (Section 337 matters), the Patent Trial and Appeal Board, and the Trademark Trial and Appeal Board; and
  • Arbitration Organizations, including the American Arbitration Association.

Ms. Colgate also has substantial experience outside of litigation, including:

  • Contract and licensing matters (including joint development projects, collaboration agreements, IP licensing, and other strategic transactions);
  • Counseling (copyright, trademark, patent, technology, privacy, and cybersecurity), and
  • Opinion work (freedom to operate, invalidity, and non-infringement).

Ms. Colgate's practice covers a broad range of diverse technologies, including computer hardware and software (including web and mobile technology), semiconductors, fintech and financial products, business solutions, 3D printing, machinery, consumer products, apparel, chemical coatings and compositions, and pharmaceuticals.

Representative companies and technologies that Ms. Colgate has represented over her career include:

  • High Technology: Nichia Corporation (LEDs), LG Electronics (mobile technology), and Texas Instruments (semiconductors)
  • Software and Hardware: Microsoft Corporation (software), Versata (software), FSMLabs (software), TimeSolv (software), VIM Technologies (software), Seagate Technology (data storage hardware), and Emine Technology (KVM switch hardware)
  • Financial/Business: Investment Technology Group (electronic trading), Sun Life Assurance Company of Canada (financial products), Affinion Corporation (loyalty solutions)
  • Media: The New York Times Company (media), Dow Jones (media), Martha Stewart Living (media)
  • Medical Device: Dentsply Sirona (dental products and technologies), Spear Pharmaceuticals (dermatological products)
  • Generic Pharmaceuticals: Sandoz Inc. (pharmaceuticals), Cobalt Laboratories (pharmaceuticals), Mylan Pharmaceuticals (pharmaceuticals)
  • Chemical Coatings and Compositions: AFG Industries (chemically-coated glass products)
  • Machinery: Unverferth Manufacturing (farm machinery)
  • Consumer Products: Trans World Entertainment (d/b/a/ FYE) (media products), The J. M. Smucker Company (consumer products), EquiFit (equestrian products/apparel), Arm’s Reach (baby products), and Valentino USA (apparel)

Ms. Colgate was named a Washington DC Super Lawyer “Rising Star” for IP litigation six years in a row from 2013 through 2018.

Ms. Colgate is a member of the VA-ISAO for privacy and cybersecurity (part of the Mid-Atlantic Cyber Center). She is also a member of the Federal Circuit Bar Association, the American Intellectual Property Law Association, and the American Bar Association.

Ms. Colgate is a summa cum laude graduate of the University of Pennsylvania, where she graduated with honors, completing her thesis in the area of web advertising and consumer privacy. While in college, Ms. Colgate captained the University of Pennsylvania equestrian team and competed in equestrian at the national level. She also hosted a college radio station and was the first female beer vendor at Veterans Stadium (for the Philadelphia Phillies).

Ms. Colgate received her J.D. and LLM from the University of New Hampshire (formerly known as Franklin Pierce Law Center). She graduated magna cum laude. While in law school, Ms. Colgate was a judicial intern at the United States Court of Appeals for the Federal Circuit for the Honorable Arthur J. Gajarsa (now retired). She was also a teaching assistant of Constitutional Law, Legal Writing, and Torts; an editor of the law review; and a marathon/ultramarathon runner. Ms. Colgate wrote a book on her law school experience in 2005, which was published the following year.

Ms. Colgate resides in Virginia with her family. She is a successful amateur equestrian, competing in Adult Amateur Jumper classes on her mare “Ever So Clever.”

Experience

Representative District Court Cases:

SimpleAir v. Microsoft Corp. et al. (represented LG Electronics Mobilecomm U.S.A., Inc.) (ED Tex)

The JM Smucker Co. v. Lodsys LLC (ED Wisconsin)

Martha Stewart Living Omnimedia Inc. v. Lodsys Group LLC (ED Wisconsin)

Investment Technology Group, Inc. v. Liquidnet Holdings, Inc. (SDNY)

Music Choice v. Viacom International, Inc. (E.D. Pa.)

Sanofi-Aventis U.S. LLC v. Fresenius Kabi Pharma Ltd. (D.D.C.)

Pfizer, Inc. v. Cobalt Laboratories, Inc. (D. Del.)

Sun Life Assurance Company of Canada v. Lincoln National Life Insurance Co. (D. Mass.

Americans for Fair Patent Use, LLC v. Sprint Spectrum L.P., et al. (E.D. Tex.)

Consumers Protecting Consumers, LLC v. Samsung Electronics Co. (E.D. Pa.)

Biogen IDEC Inc. v. Webvention Holdings LLC (D. Del.)

The New York Times Company v. Lodsys, LLC (E.D. Ill.)

Globespan v. Texas Instruments (D.N.J.)

Representative Section 337 Cases:

Certain Laser Imageable Lithographic Printing Plates (Inv. No. 337-TA-636)

Certain Hard Disk Drives, Components Thereof, and Products Containing the Same (337-TA-616)

Certain Switches and Products Containing the Same (Inv. No. 337-TA-589)

Representative TTAB Cases:

Valentino USA, Inc. v. Florence Fashions (Jersey), Ltd.

Cortefiel S.A. v. Solar Protective Factory, Inc.

Fiat Group Automobiles S.p.A. v. ISM, Inc.

Publications & Presentations

Jenny L. Colgate, "WesternGeco Could Lead to Cases Against Foreign Suppliers," IP Law360 (August 3, 2018).

Jenny L. Colgate and Nechama E. Potasnick, "If TC Heartland Is Reversed, When To Get Out Of East Texas," IP Law360 (March 31, 2017).

Jenny L. Colgate and Nechama E. Potasnick, "5 Things To Expect If High Court Reverses TC Heartland," IP Law360 (March 28, 2017).

Jenny L. Colgate, "New Ideas to Make Discovery Effective and Efficient," The Woman Advocate Section of Litigation, American Bar Association (March 2, 2017).

A Reflection on (Life In) Law School, Jenny L. Workman (Publish America 2006).

Franklin Pierce Law Center's Admissions Viewbook is based on an adaptation of Workman's book, A Reflection on (Life In) Law School: http://piercelaw.edu/viewbook/.

Jenny L. Workman, "Transferring Intent Into Smoker's Battery: Finally, Plaintiffs Can State a Claim," http://nosmokingcontest.org (2005).

Speaker, “Avoiding Liability under Commil v. Cisco,” ACI Paragraph IV Disputes Conference, New York, NY, April 29, 2014.

Speaker, "Copyright Law and Equine Photography," 26th Annual National Conference on Equine Law, Lexington, Kentucky, May 5, 2011.

Professional Affiliations, Honors & Recognition

Member of VA-ISAO for Privacy and Cybersecurity (part of the Mid-Atlantic Cyber Center)

Member of the American Bar Association

Member of the Federal Circuit Bar Association

Member of the American Intellectual Property Law Association

Washington DC Super Lawyers "Rising Star" (2013–2018)