Gabrielle E. Higgins
Partner
Gabrielle Higgins is a partner in Ropes & Gray’s globally recognized IP litigation practice. Gaby represents industry-leading companies in high-stakes intellectual property cases. She has been recognized by The Daily Journal as one of the “Top IP Litigators in California,” The Recorder’s 50 Women Leaders in Tech Law, an “IP Star” by Managing IP, and a “Top 50 Women in PTAB Trials,” by the PTAB Bar Association.
Gaby’s client representations have spanned numerous industries, including telecommunications, semiconductors, wireless technology, consumer electronics, internet services, LEDs, medical devices and pharmaceuticals.
As a trial lawyer, Gaby has represented clients at trial in the Northern District of California, Eastern District of Texas, District of Delaware, Western District of Washington and the International Trade Commission.
As a PTAB practitioner, Gaby has, to date, been counsel of record in over 100 Patent Office Inter Partes Review proceedings. She has argued at final oral hearings before the Board and has achieved victories for her clients in final written decisions and on appeal to the Federal Circuit.
Experience
- Google v. Fujinomaki (PTAB) – Lead counsel for Google and LG Electronics in PTAB proceeding challenging patent related to a wireless security system for a mobile phone. Successfully obtained a final written decision finding all challenged claims unpatentable.
- Affinity Labs of Texas v. Samsung et al. (E.D. Tex., W.D. Tex., N.D. Cal., PTAB, CAFC) – Lead counsel for Samsung in district court actions relating to communication of media content. Secured wins at the PTAB and on appeal, with all challenged claims of three patents affirmed unpatentable.
- Samsung v. Advanced Touchscreen (PTAB, CAFC) – Successfully obtained PTAB decisions finding all challenged claims of four patents related to touchscreens unpatentable, and secured wins for Samsung on appeal.
- Hewlett Packard Enterprise et al. v. MTel (PTAB) – Lead counsel for Hewlett Packard Enterprise and H.P., Inc. in PTAB proceedings challenging MTel patent related to multicarrier modulation. Secured final written decision finding all challenged claims unpatentable.
- Clean Energy Management Solutions v. SmartThings, Inc. (E.D. Tex.) – As lead litigation counsel for SmartThings, obtained early favorable resolution of infringement suit involving patent related to mesh networks.
- NXP Semiconductors N.V. (C.D. Cal., N.D. Cal., PTAB) – Litigated suits and PTAB proceedings for NXP related to near field communication.
- VIZIO, Inc. v. Nichia (PTAB) – Lead counsel for VIZIO in PTAB proceedings challenging patents related to LED technology.
- Multi Packaging Solutions v. CPI Card Group (PTAB) – Represented MPS in proceeding involving patent related to process for making point-of-sale activatable card packaging. PTAB found all challenged claims invalid.
- In the Matter of Certain Gaming and Entertainment Consoles, Related Software, and Components Thereof, Investigation No. 337-TA-752 (ITC) – As trial counsel in the ITC for Motorola, obtained initial determination of infringement on two patents related to video coding technology.
- Motorola v. Microsoft (W.D. Wisconsin/W.D. Washington) – As trial counsel in Seattle, Washington for Motorola, litigated patent and FRAND actions involving video coding and wireless technology.
- Memory Integrity, LLC v. Fujitsu Ltd (D. Del.) – Defended Fujitsu in a case brought by Memory Integrity related to computer memory.
- Smart Memory Solutions v. Panasonic et al. (N.D. California) – As litigation counsel for Fujitsu, obtained early settlement in multi-defendant patent litigation involving microcontrollers with flash memory.
- OPTi Inc. v. Advanced Micro Devices (E.D. Texas) – As trial counsel for AMD, defended litigation over patents relating to processors and chipsets. The case settled favorably for AMD, shortly before it would have been submitted to the jury.
- Linear Technology Corp. v. Impala et al. (N.D. California) – Represented LTC in six-party litigation over patent related to switching voltage regulators in which LTC won settlement valued in excess of $100 million.
- Linear Technology Corp. v. Micrel, Inc. (N.D. California) – Trial counsel for LTC in litigation over patent for transistor drive circuitry. Obtained judgment that LTC's patent was valid, enforceable, and infringed.
- Transmeta v. Intel (D. Del.) – Represented Transmeta in patent infringement action involving patents directed to various computer processor power-saving and architectural technologies. Obtained $250 million settlement for Transmeta.
- Organon Teknika Corp. v. Becton Dickinson (M.D. N.C.) – Represented Becton Dickinson in patent infringement actions involving blood culture systems.
- Baxter Diagnostics v. AVL Scientific Corp. and Becton Dickinson (C.D. Cal.) - Represented Becton Dickinson in action for misappropriation of confidential information, unfair competition and copyright infringement.
- Schering-Plough Corp. v. Interferon Sciences, Inc. (D. Del.) – Represented Schering-Plough in patent infringement action relating to alpha interferon.
- Schering-Plough Corp. v. Sterling Winthrop, Inc. (D. N.J.) – Represented Schering-Plough in patent infringement action relating to human interleukin-4.
Publications
- Quoted, “Women Attorneys Few and Far Between at Patent Board Proceedings,” Bloomberg Law (December 23, 2019)
- Quoted, “AIPLA 2018: PTAB judges talk construction and cherry picking” World Intellectual Property Review (October 29, 2018)
- Profiled, “California’s Top Intellectual Property Lawyers,” Daily Journal (April 18, 2018)
- Cited, “Samsung Gets Damages Cut To $11 Million In Bluetooth Patent Suit,” Law360 (March 29, 2018)
- Quoted, “Google, LG Urge PTAB To Ax Parts Of Anti-Theft Patent,” Law360 (November 28, 2017)
- Cited, “PTAB Finds Wireless Patent Challenged by Arris, HP Invalid,” Law360 (September 20, 2017)
- Cited, “PTAB First Half Data: Comcast Tops Petitioner Ranking, Rovi Most Targeted Patent Owner,” Managing Intellectual Property (August 1, 2017)
- Author “Patent Law: All Things PTAB – What’s Been Happening with the USPTO Patent Trial and Appeal Board?” AIPLA Mid-Winter Institute, February 3, 2017
- Cited, “Quality Patents Minimize Business Uncertainty, PTO’s Lee Says,” The Recorder (September 15, 2016)
- Co-author, “PTAB Trials Report: An Analysis of Rehearing and Appeal from Final Written Decisions,” Bloomberg BNA’s Patent, Trademark & Copyright Journal (June 1, 2016)
- Cited, “Federal Circuit Backs HTC, Samsung Streaming Patent Win At PTAB,” Law360 (May 9, 2016) Subscription required
- Cited, “Samsung, HTC Ax Another Affinity Streaming Patent At PTAB,” Law360 (July 21, 2015)
- Mentioned, “Samsung, HTC Get Streaming Patent Nixed In AIA Review,” Law360 (May 13, 2015)
- Quoted, “Samsung, HTC Chip At Patent Suit In PTAB Review,” Law360 (March 10, 2015)
- Co-author, “The Timing of Settlements in Post-Grant Proceedings,” Patent, Trademark & Copyright Journal (October 24, 2014)
- Quoted, “Patent Lawyers Split on Impact of Switch to First-to-File System,” The Recorder (February 12, 2013)
- Silicon Valley Business Journal "Woman of Influence" (2013)
Presentations
- Speaker, “Leveraging the PTAB Journey: Concurrent District Court Trial Strategies,” PLI: USPTO Post-Grant Patent Trials 2019: New Challenges & Tactics (September 11, 2019)
- Speaker, “Proving Your Case from Both Sides of the ‘v’ (Evidentiary and Discovery Issues at the Board),” 2019 AIPLA Road Show: US Patent Office Practice and Proceedings (April 23, 2019)
- Speaker, “PTAB Master Class,” PTAB Bar Association Annual Conference (March 14-15, 2019)
- Speaker, “On Your Mark: Petitioner Strategy,” PTAB Master Class, PTAB Bar Association Annual Meeting (March 13, 2019)
- Moderator, CIPSC Panel, “Standard Essential Patents and Patent Pools,” Santa Clara, CA (November 13, 2018)
- Moderator, AIPLA 2018 Annual Meeting, PTAB Judges Panel (October 25, 2018)
- Speaker, Centerforce Women’s IP Strategy Summit (September 25, 2018)
- Speaker, “Year in Review and Supreme Court Update: Oil States and SAS Institute,” ACC-SFBA PTAB Conference (December 5, 2017)
- Speaker, “The Evolution of PTAB Trial Practice,” Ropes & Gray Teleconference (September 28, 2017)
- Speaker, “10 Trends in Patent Litigation Worldwide,” LOT Network Bridge All Members Meeting (May 11, 2017)
- Speaker, “The Recent PTAB Rule Changes: How Has It Impacted Proceedings?” Mid-Winter APILA Conference (February 3, 2017)
- Speaker, “PTAB Trials: Tips and Strategies for Practitioners,” Managing IP International Women’s Leadership Forum (November 29, 2016)
- Speaker, Managing Intellectual Property International Women’s Leadership Forum, “PTAB Strategy” (November 29, 2016)
- Speaker, “Software Patent Litigation: An Update on Pre-filing Strategy and Trial Preparation and the Role of IPR and CBM in Software Patent Litigation,” AIPLA 2016 Annual Meeting (October 27, 2016)
- Speaker, “Winning on Either Side of the “v.”: How to Succeed as a Patent Challenger or Defender,” Ropes & Gray and the ACC on Post-Grant Patent Challenges at the Patent Trial and Appeal Board Conference (January 13, 2016)
- Panelist, “Looking Back to Move Forward: CBM and IPR Proceedings and their Intersection with Patent Litigation,” American Intellectual Property Law Association (AIPLA) Spring Meeting, Los Angeles, CA (April 30, 2015)
- Speaker, “Patent Challenges at the USPTO: Advanced Practice Tips for Making Effective Use of Invalidity Trial Proceedings,” ACC-SFBA’s 3rd Annual Institute for Advanced Corporate Counsel (iACC), San Francisco, CA (April 10, 2014)
- Speaker, “Latest Developments in IP Litigation & More,” Institute for Advanced Corporate Counsel (iACC) 2.0 - Association of Corporate Counsel (ACC), Santa Clara, CA (May, 2013)
- Speaker, “Ropes & Gray West Coast Lunchtime Legal Briefing Teleconference - Patent Litigation Before The ITC: Recent Developments And Trends,” March 2013
- Speaker, “Year in Review: 2012 Patent Litigation Legal Landscape and Lessons Learned,” Association of Corporate Counsel - Bay Area Chapter (January 2013)
- Speaker, “News from the IP Front: The Federal Circuit’s Akamai Opinion and Updates on the America Invents Act,” Ropes & Gray Asia Morning Briefing Teleconferences (September 2012)
- Speaker, “News from the IP Front: The Federal Circuit’s Akamai Opinion and Updates on the America Invents Act,” Ropes & Gray CLE Seminar, Silicon Valley (September 2012)
- Panelist, “What You Need To Know About Mobile Patent Wars,” Association of Corporate Counsel - Bay Area Chapter (July 2012)
Education
- JD, Fordham University School of Law, 1989
- BA, College of the Holy Cross, 1985