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Jennifer Ayers

Overview

Jennifer Ayers is an accomplished intellectual property trial lawyer who has significant experience representing global businesses in complex IP litigation, including outsourcing, patent infringement, trade secret, non-compete and unfair competition disputes.

Representing clients in a wide variety of technologies—including computer hardware and software, semiconductors, networking and connectivity devices, and consumer electronics—Jennifer advises on litigation involving:

  • Complex multi-patent disputes spanning microprocessors, video streaming and content delivery networks, secure internet/network communication protocols, virtualized systems, geolocation and navigation tools, alternate reality, targeted advertising and digital content management
  • Trade secret misappropriation claims under the Defend Trade Secrets Act (DTSA), including alleged theft of proprietary source code, algorithms, system architectures, manufacturing processes and other confidential technical information
  • Large IT and business process outsourcing (BPO), software-as-a-service (SaaS) and platform-as-a-service (PaaS) disputes, representing both providers and customers, including against states and the federal government
  • Healthcare industry disputes relating to custom and custom-off-the-shelf (COTS) computer hardware and software, including enrollment, claims processing and medical record systems

Positioning clients for successful outcomes even before trial, Jennifer has excluded numerous technical and damages experts on Daubert and has obtained case dispositive wins before trial. Also skilled in making highly technical issues understandable, Jennifer has successfully taken multiple trials to jury verdict.

Jennifer has represented clients in courts throughout the United States, federal district courts in Texas, Delaware, California, Illinois, and New York. Jennifer has also litigated in the Delaware Court of Chancery and New York County Supreme Court, including the complex commercial division.

Jennifer is a barrister in the Judge Barbara M.G. Lynn Inn of Court and serves as co-chair of the firm’s Women Lawyers Group.

In her free time, Jennifer enjoys reading, running and travel.

Experience

Recent Successes 

  • $57.5 million judgment in a trade secret and patent infringement competitor jury trial 
  • Summary judgment of invalidity under 35 U.S.C. § 102 (the Federal Circuit affirmed) 
  • Multiple dismissals with prejudice for lack of patentable subject matter under 35 U.S.C. § 101 (the Federal Circuit affirmed on all appeals) 
  • Final Award from the AAA that bankrupted the respondent in an outsourcing dispute 
  • Final Award from JAMS resulting in successful outcome in an outsourcing dispute 
  • Two multi-million dollar awards of attorneys’ fees 

Representative Matters

  • Qorvo – multiple litigations relating to the fabrication of semiconductor devices in cases involving claims of patent infringement and misappropriation of trade secrets
  • Snap Inc. – multiple patent infringement cases involving digital content management, digital image branding, alternative reality, multi-factor authentication, and location services
  • Oracle – multiple patent litigations involving communication protocols and virtualized computer systems
  • Peloton – multiple patent litigations involving fitness equipment and systems for data exchange and display
  • HealthPlan Services Inc. and Wipro Inc. – multiple disputes relating to business process outsourcing services and the implementation of ERP systems in healthcare and media technology industries
  • Conduent Inc. (formally Xerox Business Services) – multiple high profile outsourcing disputes with subcontractors, state governments, and alleged third party beneficiaries relating to the implementation of state-wide claims enrollment, processing, and payment systems in the states of Alaska, Delaware, and New York
  • Xerox – dispute with subcontractor relating to the implementation of a multi-component complex human resources business process outsourcing system
  • Google Inc. and Motorola Mobility – patent litigation involving navigation technology relating to web browser applications and/or e-commerce services
  • Tempur Sealy International – multiple patent litigations involving air pumps, adjustable bases and bedding technology
  • Hewlett Packard – substantial dispute with the State of South Carolina relating to the implementation of numerous state-wide payment processing systems
  • Multi-Billion Dollar Financial Institution – internal investigation and confidential dispute with service provider relating to numerous information technology systems intended to replace all core financial and reporting functions
  • Sallie Mae, Inc. – dispute with outsourcing provider over implementation of student loan reimbursement system
  • STMicroelectronics, Inc. – multiple patent litigations involving CAD/CAM software for integrated circuits and ethernet connectivity adapters
  • Automatic Data Processing, Inc. – patent litigation involving simple object access communications protocol
  • Hotels.com, Evite.com and Expedia.com – patent litigation involving cookie encryption
  • Red Lion Hotels Corporation and the Howard Hughes Company – patent litigation involving systems for Internet data exchange and display
  • Community Trust Bank – patent litigation involving system for data imaging
  • Dropbox – trademark litigation over client’s primary trademark
  • Consumer Club, Inc. – trademark litigation over client’s primary trademark
Credentials
Education

J.D., The University of Texas School of Law, 2009, with honors, The Review of Litigation; Dean’s Achievement Award

B.A., The University of Texas, 2004, with high honors

Admissions

Texas

U.S. Court of Appeals for the Federal Circuit

U.S. Court of Appeals for the Fifth Circuit

U.S. District Court for the District of Colorado

U.S. District Court for the Eastern District of Texas

U.S. District Court for the Northern District of Texas

U.S. District Court for the Southern District of Texas

U.S. District Court for the Western District of Texas

Honors

Best Lawyers: Ones to Watch, Best Lawyers, 2023-2025

Best Lawyers in Dallas, D Magazine, 2023, 2025

Up-and-Coming 50: 2022 Women Texas Rising Stars, Super Lawyers, 2022

Texas Rising Star, Super Lawyers, 2018-2022

On the Rise, Texas Lawyer Professional Excellence Awards, 2020

Memberships

Jennifer is passionate about giving back to her community, consistently dedicating her time and experience to support various causes. From 2022-2024, Jennifer served as the co-chair and lead chair of Attorneys Serving the Community (ASC). During her tenure, ASC raised more than $1 million in total revenue for Nexus Recovery Center and Crossroads Community Services. Jennifer is also active in the firm’s pro bono initiatives. She is a member of the firm’s Pro Bono Committee, and has participated in the firm’s Active Bystandership of Law Enforcement (ABLE) project.

In addition to her community service and pro bono activities, Jennifer is also involved in professional organizations. She is a member of ChIPs, including the Texas Chapter.

Thought Leadership

"Update On Trade Secret Law: Shedding Light on a Marshy Landscape," Texas Bar CLE, 2012

"Jennifer Ayers is an excellent trial lawyer. She is hard charging and aggressive in court, and in writing she is a master in what she does."
—
Chambers USA Guide, 2024