Jen Kash is a partner at Warren Kash Warren.
Jen is a trial lawyer with extensive experience in litigating intellectual property and other business matters. Jen’s trial record spans two decades, with over twenty bench and jury trials across multiple jurisdictions. Her principal focus is on patents across a wide range of industries, but she also frequently handles trade secret, employment, contract, products liability, unfair competition, and antitrust disputes.
Jen also represents technology start-ups in protecting their products, patents and trade secrets by defending against trade secret and patent claims brought by competitors but also through the development and execution of monetization campaigns, securing litigation funding, and enforcing breaches of non-disclosure agreements in wide-ranging technology spaces including artificial intelligence, graphic design tools, energy consumption and conductivity, as well as blockchain innovations.
Before joining Warren Kash Warren, Jen was Managing Partner of the San Francisco office of Quinn Emanuel Urquhart & Sullivan. After taking a leave, Jen returned to practice as a partner at Warren Kash Warren, where she offers her experience and talent with an emphasis on quality, not quantity.
The Recorder named Jen as one of its 2012 “40 Women Leaders in Law,” and in 2013 one of the “Top 50 Women in Tech Law.” In 2014, Managing Intellectual Property named Jen an “IP Star” in both the United States and California.
Jen has donated hundreds of hours to pro bono representation throughout her career, and remains actively involved with virginindependence.com, a non-profit she formed to support cooperative, sustainable development throughout the Caribbean. An advocate for positive mental health for attorneys, Jen has written and spoken about her personal experience with the demands and pitfalls of high-pressure litigation at large firms.
Obtained complete defense verdict, affirmed on appeal, for Symantec in a patent action filed by Finjan in the District of Delaware. Asserting two patents relating to network security and antivirus software, Finjan sought over $1 billion in past damages and running royalties against most of Symantec’s antivirus offerings. Successfully argued for and obtained a reduction in potential damages from the Court, sending the case to the jury with drastically reduced risk for Symantec. Conducted cross and direct examinations of damages experts at trial, leading to defense verdict, even though Finjan had previously prevailed on the same patents in the same venue against another defendant.
Represented Bally Technologies in a patent infringement action case brought by Shuffle Master and International Gaming Technology. The Court granted Bally’s motion for summary judgment of non-infringement on one of two patents Plaintiffs asserted, and granted its motion for summary judgment of obviousness on the other patent. The Court also granted Bally’s motion for summary judgment on Plaintiffs’ claims of correction of inventorship on a number of Bally’s patents, resulting in a complete win for Bally.
Obtained summary judgment of non-infringement against the University of Texas on behalf of twenty-seven manufacturers and distributors of mobile devices, including Motorola, Samsung, Sony, and others, in a patent infringement action involving text messaging before the Western District of Texas. First obtained a bifurcated trial schedule, with the first trial focused solely on the validity of the patent. While preparing for the invalidity trial, filed a successful summary judgment motion on non-infringement. The case then settled favorably on appeal.
Represented Google against claims of patent infringement involving Pixel devices and functionality brought by WSOU Investments and Purdue University Research Foundation.
Represented Nokia device maker HMD Global Oy against patent claims concerning text-message processing technology by Cellular Communications Equipment, in the Eastern District of Texas. The case settled a few days after HMD Global filed its claim construction brief.
Represented Qualcomm Inc. in a patent infringement action involving microprocessor technology brought by MicroUnity Engineering, Inc. in the Eastern District of Texas. Case resolved by settlement on terms favorable to Qualcomm.
Obtained a $9 million verdict in a patent infringement action brought in the Northern District of California by AOL subsidiary Tegic Communications, Inc. Brought on as trial counsel less than three months before trial, and after settlement talks had failed to resolve the dispute. The jury found that Tegic’s patents were valid and infringed, and that the infringement was willful.
Represented Yahoo! in a multi-patent suit against Facebook, which was resolved favorably (and quickly) for Yahoo!
Represented Proofpoint Technologies in a patent infringement action brought by Finjan in the Northern District of California. Case resolved through a settlement on terms favorable to Proofpoint on the eve of trial.
Education and Clerkship
University of Arizona (B.A., 1993)
Sarah Lawrence College (M.F.A., 1996)
University of California Hastings College of the Law (J.D., 1999)
Hastings Women’s Law Journal, Editor-in-Chief, 1998-1999
The State Bar of California
United States Court of Appeals for the Federal Circuit
United States District Courts:
- Northern District of California
- Eastern District of California
- Central District of California
- Southern District of California
- Eastern District of Texas
- Western District of Texas