Gabrielle E. Higgins
Gabrielle Higgins is a partner in Ropes & Gray’s globally recognized IP litigation practice. Gaby represents industry-leading companies in complex patent matters at all stages of the proceedings.
Gaby’s client representations have spanned numerous industries, including telecommunications, semiconductors, software, the Internet of Things, medical devices and pharmaceuticals.
As a trial lawyer, Gaby has represented clients at trial in the Northern District of California, Eastern District of Texas, Western District of Washington and the International Trade Commission. Gaby also has represented clients during pre-trial proceedings in various federal courts.
As a PTAB practitioner, Gaby has, to date, been counsel of record in more than 50 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 finding all challenged claims unpatentable.
- A leading multinational technology company v. Fujinomaki (IPR2016-01522) – Representing a leading multinational technology company in IPR challenging patent generally related to a wireless security system for a mobile phone.
- Affinity Labs of Texas, LLC v. Samsung et al. (E.D. Tex., W.D. Tex., N.D. Cal.) – Representing Samsung Electronics in multi-defendant cases alleging infringement of patents relating to systems and methods for communicating media content. Successfully transferred the cases from E.D. and W.D. Tex. to the N.D. Cal. and stayed them pending the outcome of inter partes review (IPR) proceedings.
- Samsung v. Affinity, (IPR2014-00209, IPR2014-00212, IPR2014-00407, IPR2014-00408, IPR2014-01181, IPR2014-01182, IPR2014-01184) – Filed IPR petitions challenging three patents generally relating to the delivery of Internet media content to a portable device. Successfully obtained final written decisions finding all challenged claims of the patents unpatentable and secured affirmance by the Federal Circuit on appeal.
- Hewlett Packard Enterprise and HP Inc. v. MTel, (IPR2016-00768, IPR2017-00637, IPR2017-00642) – Representing HP in IPRs challenging patents related to multicarrier modulation.
- VIZIO, Inc .v. Nichia, (IPR2017-00551, IPR2017-005522) – Representing VIZIO in IPRs challenging patents related to LED technology.
- Clean Energy Management Solutions v. SmartThings, Inc. (E.D. Texas) – As litigation counsel for SmartThings, obtained early dismissal in an infringement suit on a patent asserted against IOT products.
- 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 determination of infringement on two patents asserted against Microsoft’s Xbox 360.
- Motorola v. Microsoft (W.D. Wisconsin/W.D. Washington) – As trial counsel in Seattle Washington for Motorola, litigated patent and FRAND actions involving the Xbox 360 and Windows.
- Broadcom v. NXP Semiconductors N.V. (C.D. Cal.) – Defended a major semiconductor company in a patent infringement case involving analog circuit technologies, cryptography, and secure authentication.
- Memory Integrity, LLC v. Fujitsu Ltd (D. Del.) – Representing Fujitsu in a case brought by Memory Integrity in a case 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.
- Organon Teknika Corp. v. Becton Dickinson (M.D. N.C.) – Represented Becton Dickinson in patent infringement actions involving blood culture systems.
- Schering-Plough Corp. v. Sterling Winthrop, Inc. (D. N.J.) – Represented Schering-Plough in patent infringement action relating to human interleukin-4.
- 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.
- 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)
- 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)