Jenny L. Colgate
Jenny L. Colgate is an experienced intellectual property litigator. She is passionate about her practice; strives to litigate strategically and efficiently; and believes good, effective communication is one of the most important attributes of a lawyer.
While Ms. Colgate’s current practice consists largely of patent litigation in U.S. District Courts, her experience also includes post-grant review proceedings; Section 337 matters before the International Trade Commission; appeals before the United States Court of Appeals for the Federal Circuit; trademark matters before the Trademark Trial and Appeal Board and U.S. District Courts; arbitrations; opinion work (freedom to operate and validity); and contract and licensing matters. Ms. Colgate's practice covers a broad range of diverse technologies, including business methods, computer hardware and software, memory devices, apparel, consumer products, chemical coatings and compositions, and pharmaceuticals. Some of the companies that Ms. Colgate has represented include LG Electronics, Unverferth Manufacturing, The New York Times Company, Dow Jones, Time Warner, The J. M. Smucker Company, Investment Technology Group, Sun Life Assurance Company of Canada, Sandoz Inc., Spear Pharmaceuticals, Cobalt Laboratories, AFG Industries, Valentino USA, Fiat Group Automobiles and EquiFit.
Ms. Colgate was named a Washington DC Super Lawyer “Rising Star” for IP litigation five years in a row from 2013 through 2017.
Prior to joining Rothwell Figg, Ms. Colgate practiced intellectual property litigation for several years as an associate at Heller Ehrman LLP (the firm dissolved in 2008). At Heller, Ms. Colgate represented companies such as Texas Instruments, Microsoft, Seagate Technology, Emine Technology and Mylan Pharmaceuticals. Ms. Colgate also represented a number of individuals detained in Guantanamo Bay, Cuba on a pro bono basis.
Ms. Colgate was a summa cum laude graduate of the University of Pennsylvania, where she graduated with honors in Communications, completing her thesis in the area of children’s cognitive abilities to distinguish online advertisements from web site content. While in college, Ms. Colgate captained the University of Pennsylvania equestrian team, and she competed in equestrian at the national level. She also hosted a college radio station and was the first female beer vendor at Veterans Stadium (for the Philadelphia Phillies).
Ms. Colgate received her J.D. and LLM (in intellectual property, commerce and technology) from Franklin Pierce Law Center (now the University of New Hampshire). She graduated magna cum laude. While in law school, Ms. Colgate was a teaching assistant of Constitutional Law, Legal Writing, and Torts; an editor of IDEA, the Intellectual Property Law Review; and in 2004, Ms. Colgate was a judicial intern for the Honorable Arthur J. Gajarsa of the U.S. Court of Appeals for the Federal Circuit. Ms. Colgate wrote a book on her law school experience in 2005, which was published by Publish America in 2006.
Ms. Colgate resides in Virginia. She is a successful amateur equestrian, competing in the Adult Amateur Jumper classes at “A-rated” horse shows with her mare “Ever So Clever.” Ms. Colgate is particularly interested in intellectual property issues that affect the equine industry — everything from patents and trademarks covering horse-related products, to copyright issues involving equine event photography.
Representative District Court Cases:
SimpleAir v. Microsoft Corp. et al. (represented LG Electronics Mobilecomm U.S.A., Inc.) (ED Tex)
The JM Smucker Co. v. Lodsys LLC (ED Wisconsin)
Martha Stewart Living Omnimedia Inc. v. Lodsys Group LLC (ED Wisconsin)
Investment Technology Group, Inc. v. Liquidnet Holdings, Inc. (SDNY)
Music Choice v. Viacom International, Inc. (E.D. Pa.)
Sanofi-Aventis U.S. LLC v. Fresenius Kabi Pharma Ltd. (D.D.C.)
Pfizer, Inc. v. Cobalt Laboratories, Inc. (D. Del.)
Sun Life Assurance Company of Canada v. Lincoln National Life Insurance Co. (D. Mass.
Americans for Fair Patent Use, LLC v. Sprint Spectrum L.P., et al. (E.D. Tex.)
Consumers Protecting Consumers, LLC v. Samsung Electronics Co. (E.D. Pa.)
Biogen IDEC Inc. v. Webvention Holdings LLC (D. Del.)
The New York Times Company v. Lodsys, LLC (E.D. Ill.)
Globespan v. Texas Instruments (D.N.J.)
Representative Section 337 Cases:
Certain Laser Imageable Lithographic Printing Plates (Inv. No. 337-TA-636)
Certain Hard Disk Drives, Components Thereof, and Products Containing the Same (337-TA-616)
Certain Switches and Products Containing the Same (Inv. No. 337-TA-589)
Representative TTAB Cases:
Valentino USA, Inc. v. Florence Fashions (Jersey), Ltd.
Cortefiel S.A. v. Solar Protective Factory, Inc.
Fiat Group Automobiles S.p.A. v. ISM, Inc.
Publications & Presentations
Jenny L. Colgate and Nechama E. Potasnick, "If TC Heartland Is Reversed, When To Get Out Of East Texas," IP Law360 (March 31, 2017).
Jenny L. Colgate and Nechama E. Potasnick, "5 Things To Expect If High Court Reverses TC Heartland," IP Law360 (March 28, 2017).
Jenny L. Colgate, "New Ideas to Make Discovery Effective and Efficient," The Woman Advocate Section of Litigation, American Bar Association (March 2, 2017).
A Reflection on (Life In) Law School, Jenny L. Workman (Publish America 2006).
Franklin Pierce Law Center's Admissions Viewbook is based on an adaptation of Workman's book, A Reflection on (Life In) Law School: http://piercelaw.edu/viewbook/.
Jenny L. Workman, "Transferring Intent Into Smoker's Battery: Finally, Plaintiffs Can State a Claim," http://nosmokingcontest.org (2005).
Speaker, “Avoiding Liability under Commil v. Cisco,” ACI Paragraph IV Disputes Conference, New York, NY, April 29, 2014.
Speaker, "Copyright Law and Equine Photography," 26th Annual National Conference on Equine Law, Lexington, Kentucky, May 5, 2011.
Professional Affiliations, Honors & Recognition
American Intellectual Property Law Association
Washington DC Super Lawyers "Rising Star" (2013–2017)