DLA Piper picked up a patent litigation partner from Baker Botts in Austin this month.
Jennifer Nall, who summered at DLA Piper while attending the University of Texas School of Law, said the firm’s platform is a “perfect fit” for her clients and provides a place to grow as a litigator.
“Jennifer’s skillset and experience fit perfectly into our strategic plan to grow our Austin-based patent litigation team,” John Guaragna, chair of DLA Piper’s Texas intellectual property and technology practice, said in a statement.
“Her addition will enable us to meet the increasing demand for experienced patent litigators in Austin, as patent case filings continue to increase rapidly in the Western District of Texas, and her status as a former Federal Circuit law clerk will make her a sought-after practitioner for sophisticated patent litigation matters throughout the country.”
After law school, Nall clerked for Judge Timothy B. Dyk of the U.S. Court of Appeals for the Federal Circuit. She is also a former judicial intern of U.S. District Judge Lee Yeakel of the Western District of Texas.
When asked about the hot topics in patent litigation, Nall, who is an original and current member of Judge Alan Albright’s Western District of Texas attorney advisory panel, replied simply: “Waco. Waco. Waco.”
Nall said one issue of great concern to her clients over the years has been the uncertainty in damages law and its application to a particular set of facts.
One of the most interesting matters Nall says she handled in the past year occurred in a case where the Patent Trial and Appeal Board terminated her client’s joinder inter partes review based solely on time-bar, days before the deadline for a final written decision.
“Though time-bar is inapplicable to joinder petitioners by statute, the patent owner and government argued to the CAFC that there was no jurisdiction to review the termination decision,” she said.
“I think the PTAB’s ability to terminate IPRs in violation of statute and the CAFC jurisdiction to review such termination decisions is a fascinating issue that definitely warrants review. Unfortunately, settlement occurred before appellate review of the decision [in this matter].”