Leslie M. Spencer

Partner

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  • LLM (Trial Advocacy), Temple University Beasley School of Law, 2006
  • JD, New York University School of Law, 1998
  • MBA, Stephen M. Ross School of Business at the University of Michigan, 1988
  • BS (Computer Science and Engineering), Massachusetts Institute of Technology, 1985

Qualifications

  • New York, 2001
  • Not admitted in California
  • U.S. Patent and Trademark Office

Court Admissions

  • U.S. Court of Appeals for the Federal Circuit, 2004
  • U.S. District Court for the Eastern District of Wisconsin, 2006
  • U.S. District Court for the Eastern District of New York, 2001
  • U.S. District Court for the Southern District of New York, 2001
  • Honorable William C. Conner Inn of Court
  • American Intellectual Property Law Association
  • New York Intellectual Property Law Association, Patent Litigation Committee co-chair
  • New York Law Journal “Top Women in Law” (2016)
  • New York Metro Super Lawyers (2013-2017)
  • New York Times Magazine “Top Women Attorneys in the New York Metro Area” (2014)
  • New York Metro Super Lawyers - Rising Stars (2011)

Leslie M. Spencer

Partner

Leslie Spencer, co-chair of the firm's diversity committee, is a partner in the IP litigation practice. She works with clients on intellectual property matters involving software, networking, security, financial technology (“FinTech”) and other emerging technologies. She has over 15 years of experience litigating patent disputes in district courts, including through Markman hearing, trial and appeal to the U.S. Court of Appeals for the Federal Circuit. She is a registered patent attorney, and appears before the Patent Trial and Appeal Board. Leslie also counsels clients regarding IP asset protection, IP transactions and freedom-to-operate opinions.

Prior to practicing law, Leslie worked for financial services and e-commerce companies, and supervised the development of a smart card-based secure transaction system.

Experience

  • Rovi Technologies Corporation – Defending Rovi/TiVo in connection with inter partes review challenging patents related to interactive television program guides.
  • Yvolve Sports– Advising Yvolve Sports with regard to patent, copyright and trademark matters related to scooters and self-balancing vehicles.
  • Aurelian IP Management, LLC v. Hewlett Packard Enterprise Co. (E.D. Tex.) – Defended Hewlett Packard Enterprise in a matter relating to the processing, storage and analysis of large sets of free-format data.  Filed early motion to dismiss and resolved case favorably.
  • Certain Digital Video Receivers and Hardware and Software Components Thereof, (USITC, 337-TA-1001) – Represented Rovi/TiVo adverse to Comcast in an investigation involving seven patents relating to interactive program guides and related technologies.
  • Maxim Integrated Products v. Branch Banking & Trust Co. (W.D. Pa.; E.D.N.C.; E.D. Tex,) – Defending BB&T in multi-district litigation (MDL) involving integrated circuit and secure transaction patents asserted against mobile banking software. Also filed petition for Covered Business Method (CBM) review before Patent Trial and Appeal Board. MDL Panel transferred and centralized BB&T declaratory judgment action in Western District of Pennsylvania for pre-trial proceedings with district court cases involving additional defendants.
  • Shortridge v. Automatic Data Processing, Inc. (N.D. Cal.) -- Defended ADP in patent infringement action related to labor data management. Patent invalidated for unpatentable subject matter under Alice decision.
  • Presqriber, LLC v. ADP AdvancedMD, Inc. (E.D. Tex.) – Defended ADP subsidiary, ADP AdvancedMD, in multi-defendant litigation brought by non-practicing entity (NPE) asserting electronic prescribing patents.
  • Verified Hiring, LLC v. ADP, LLC (E.D. Tex.) – Defended ADP in NPE litigation involving employment data verification and matchmaking patents.
  • Wellogix Tech. Licensing LLC v. Automatic Data Processing, Inc. (E.D. Tex.; S.D. Tex.) – Defended ADP in related infringement actions asserting patents directed to electronic accounting and procurement methods. Obtained summary judgment of non-infringement in S.D.Tex. declaratory judgment action filed on behalf of ADP. Also obtained stay and dismissal of related E.D.Tex. action in view of inter partes reexamination and non-infringement judgment in S.D.Tex. case.
  • Athenahealth, Inc. v. AdvancedMD Software, Inc. (D. Mass.) -- Defended ADP AdvancedMD subsidiary in patent infringement litigation related to healthcare information technology and medical claim processing. Resolved case with favorable settlement.
  • Progressive Insurance v. Hartford Fire Insurance Company (N.D. Ohio) – Defended major insurance company against assertions of infringement involving patents related to insurance underwriting based on vehicle operating data (“telematics”). Obtained stay pending Covered Business Method (CBM) review before Patent Trial and Appeal Board.
  • Motorola Mobility v. Microsoft Corporation (W.D. Wash.) – Represented Motorola Mobility in patent infringement litigation against Microsoft Corporation involving seven Motorola Mobility patents covering various technologies including computer graphics application programming interfaces (APIs), instant messaging and mobile application updates.
  • Wildcat Intellectual Property Holdings, LLC v. The Topps Company (E.D. Tex.) – Represented The Topps Company in a multi-defendant NPE patent litigation involving systems and methods related to an electronic trading card.
  • Quark Images LLC v. The Topps Company (E.D. Tex.) – Represented The Topps Company in a multi-defendant litigation involving patents directed to creating and ordering customized branded merchandise over a computer network.
  • Triple Point Technology v. Sapient Corp. (Del. Ch. Ct.): Represented Sapient in a trade secret case concerning automated trading software systems. 
  • Prism Tech. LLC v. A Major U.S. Pharmaceutical Company (D. Del.) – Represented a major U.S. pharmaceutical company in multi-defendant NPE litigation involving patent related to network security, user and server authentication methods.

Publications

Presentations

  • Speaker, “Evolving Robo Advisor Compliance Programs,” SIFMA’s Compliance & Legal Society Annual Seminar (March 20, 2017)
  • Speaker, “10 Defensive Strategies All High-Tech Companies Need to Know,” LOT Network Bridge All Members Meeting (May 11, 2017)
  • Speaker, Managing IP International Women’s Leadership Forum, “PTAB Trials: Tips and Strategies for Practitioners” (November 29, 2016)
  • Speaker, 13th Annual Patents for Financial Services Summit (July 21-22, 2016)
  • Speaker, Managing Intellectual Property International Women’s Leadership Forum, “Protecting Computer-Related Inventions in the Aftermath of Alice” (June 9, 2016)
  • Host and Speaker, Ropes & Gray IP Master Class Financial Services Patent Litigation Roundtable, “Post-Alice: Getting and Enforcing FinTech Patents” (April 28, 2016)
  • Speaker, Ropes & Gray NY CLE Ethics Series, “Ethics and FinTech Innovation: How the Tech-Driven World is Disrupting the Traditional Financial Services Landscape” (October 14, 2015)
  • Speaker, 12th Annual Patents for Financial Services Summit, “Impact of Mobile Patents on Banking, Insurance, and Wall Street” (July 22, 2015)
  • Speaker, Ropes & Gray IP Master Class Financial Services Roundtable, “What’s Up With Patent Reform” Q & A with Congressman Hakeem Jeffries (April 21, 2015)
  • Speaker, Ropes & Gray IP Master Class Financial Services Roundtable, “Section 101: Post-Alice” (April 21, 2015)
  • Host and Speaker, Ropes & Gray SoftPat Roundtable, “Is Patent Litigation Killing Software Innovation?” (November 5, 2014)
  • Speaker, 11th Annual Patents for Financial Services Summit, “Intellectual Ventures and Its Impact on Patent Protection” (July 23, 2014)
  • Speaker, Ropes & Gray IP Master Class Financial Services Roundtable, “Reshaping the World of Post-Grant Challenges: The PTAB Year (and-a-Half) in Review” (April 7, 2014)
  • Panel Presenter, “Transfers and Multi-District Litigation,” Second Annual Institute for Advanced Corporate Counsel (iACC 2.0) (May, 10, 2013)
  • Panel Presenter, “The Future of Business Method Patents,” Practicing Law Institute, 2nd Annual Patent Law Institute (January 14-15, 2008)