Jessica Kaiser resolves complex intellectual property disputes for established and emerging companies in the technology, telecommunications and life sciences sectors. With nearly two decades of experience divided between the bench and the bar—including as a former Lead Administrative Patent Judge (LAPJ) at the United States Patent and Trademark Office (USPTO) and a partner at an international law firm—Ms. Kaiser combines patent trial and appellate experience, judicial acumen and technical knowledge of Patent Trial and Appeal Board (PTAB) practice to benefit clients involved with patent litigation, America Invents Act (AIA) trials and ex parte appeals in the nation’s most significant patent jurisdictions.

As an LAPJ at the USPTO, Ms. Kaiser managed and decided numerous cases before the PTAB in AIA trials (both inter partes reviews and post-grant reviews) and ex parte appeals during the original prosecution of patents. She also worked closely with USPTO and PTAB leadership in developing and implementing PTAB reforms, including agency rulemaking, a pilot program for motions to amend patent claims during AIA trials, PTAB statistics, and remote hearing operations. Prior to joining the USPTO, Ms. Kaiser was a staff attorney in the Office of General Counsel at the US Court of Appeals for the Federal Circuit, where she provided legal advice to the court, including on mandamus petitions and all types of motions filed prior to an appeal being assigned to a merits panel.

Before her time in public service, Ms. Kaiser was a partner in an AmLaw 100 firm, and she managed teams of attorneys and legal professionals to lead clients spanning multiple industries (including pharmaceuticals, consumer electronics, computer software, smartphones, medical devices, fluid metering, and telecommunications) through all aspects of their patent litigation, from pre-filing investigation through appeal. Earlier in her career, Ms. Kaiser clerked at the US Court of Appeals for the Federal Circuit in Washington, DC and at the US District Court for the Northern District of Illinois.

Ms. Kaiser earned her JD from Chicago-Kent College of Law, Illinois Institute of Technology, where she was a Chicago-Kent Honors Scholar (full-tuition academic merit scholarship plus stipend), a ten-time CALI Award recipient for achieving the highest grade in ten courses, and an executive articles editor on the Chicago-Kent Law Review. Before attending law school, Ms. Kaiser worked as an engineer in several capacities across multiple industries, including as a metallurgical engineer for Dow Chemical Company, a senior project engineer for Exxon Company USA (now Exxon Mobil Corporation) and a procurement engineer for Tosco Refining Company (now ConocoPhillips). She received her BS in Metallurgical and Materials Engineering from the Colorado School of Mines.

Experience

  • Fortune 500 medical device manufacturer in a federal district court correction of inventorship case related to a knee prosthesis patent, leading to a favorable judgment in favor of client following a bench trial.
  • Mobile device and software manufacturer in a patent infringement jury trial relating to wireless device activation and management, resulting in JMOL for client.
  • Fortune 100 mobile device and computer manufacturer in a patent infringement Section 337 investigation before the International Trade Commission.
  • Fluidics systems manufacturer in a patent infringement case relating to paint dispensing technology.
  • Pharmaceutical manufacturer in ANDA patent infringement litigation related to hormone replacement therapy.
  • Consumer electronics startup in patent infringement litigation related to wireless conference call technology.
  • Telecommunications company in patent infringement litigation related to voice-over-IP calling technology.

Perspectives

PTAB Newsletter
Newsletter
Tips and Strategies for Winning at the PTAB
Moderator, The Patent Office Comes to California virtual conference
CHIPS Grant Program: Guidance on Submitting Applications
Advisory
The Interplay between Inter Partes Review (IPR) Petition and Ex Parte Reexamination (XPR)
Virtual Patent Gateway
PTAB Newsletter
Newsletter
More

Credentials

Education
  • JD, with high honors, Chicago-Kent College of Law, 2005, Order of the Coif
  • BS, Metallurgical and Materials Engineering, with high honors, Colorado School of Mines, 1996
Admissions
  • Colorado
  • District of Columbia
  • US Court of Appeals for the Federal Circuit
  • US Court of Appeals for the Ninth Circuit
  • US District Court, Northern District of Illinois
  • US Patent and Trademark Office
Clerkships
  • United States Court of Appeals, Federal Circuit, The Honorable Paul Michel
  • US District Court, Northern District of Illinois, The Honorable Joan B. Gottschall
Activities
  • Vice Chair, PTAB Bar Association Women’s Committee (2022–present)
  • Member, American Intellectual Property Law Association (2022–present)
  • Member, Federal Circuit Bar Association (2022–present)
Overview

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