Nicole E. Glauser

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Ms. Glauser is a trial and appellate lawyer, with a focus on representing companies in intellectual property and technology licensing disputes and complex litigation. She has assisted in representing clients in a variety of fields, including computer software, internet search, wireless communications, semiconductors, biochemistry and protein engineering, biotechnology tools, oil and gas technology, and wind turbine generators. Ms. Glauser has also represented clients in class actions and cases involving antitrust violations, trade secret misappropriation, securities fraud, corporate governance, director and officer indemnification, and other complex commercial matters. Prior to joining private practice, she clerked for the Honorable David M. Ebel on the United States Court of Appeals for the Tenth Circuit.

Ms. Glauser’s litigation experience includes jury and bench trials; appeals; AAA arbitrations; mediations; drafting and negotiating license agreements and other technology-related contracts; preparation of expert reports; depositions of expert and fact witnesses; claim construction, preliminary injunction, summary judgment, evidentiary, and other pre-trial hearings; and all other phases of complex litigation.

Professional and Educational Background

Associate with Vinson & Elkins, LLP (2007-2012)

Judicial Clerk to The Honorable David M. Ebel, United States Court of Appeals for the Tenth Circuit, 2005-2006

University of Texas Law School, J.D. with highest honors, 2005 (Vice-Chancellor; Order of the Coif; Texas Law Review)

University of Texas, B.A. Plan II, 2000 (President of University Mock Trial Association)

Licenses and Admissions

Licensed to practice in Texas

United States Courts of Appeals for the Federal Circuit, Fifth Circuit, and Tenth Circuit

United States District Court for the Northern, Eastern, Western, and Southern Districts of Texas

United States District Court for the Western District of Wisconsin

Activities and Affiliations

Named Texas Super Lawyer 2015-2017

Named Texas Rising Star 2014-2015

Texas Law 2005 Class Committee member

Texas Law Alumni Mentoring program volunteer

The Austin Intellectual Property American Inn of Court (2012-2014)

Board Member of Austin Young Lawyers (2007-2009)

The Robert W. Calvert American Inn of Court (2007-2009)

Global Vision International eco-volunteer in Patagonia, South America 2006

Publications and Presentations

“Indemnification Risks: Dodd-Frank Ups the Ante,” The Corporate Board, Vol. XXXII, No. 187, March/April 2011 (co-author)

“Supreme Court Subjects the NFL and Other Joint Ventures to Sherman Act Scrutiny,” Antitrust News & Notes, May 2010

“Antitrust Issues Involving Intellectual Property,” chapter in 2008 Annual Review of Antitrust Law Developments (co-author).

“Reporter’s Privilege Compendium – Fifth Circuit,” chapter for Reporters Committee for Freedom of the Press (co-author)

Disparate Impact Legislation and Abrogation of the States’ Sovereign Immunity, after Nevada Department of Human Resources v. HIbbs and Tennessee v. Lane, 83 Tex. L. Rev. 1173 (2005)

Representative Experience

Intellectual Property Litigation

Semiconductor: Leading enforcement of patents related to generating and verifying tests for memory devices. Ms. Glauser obtained dismissal of declaratory judgment action brought by accused infringer and led briefing and argued appeal of dismissal to the Federal Circuit. Ms. Glauser also led briefing on issue of patentability pursuant to 35 U.S.C. § 101 in pending second Federal Circuit appeal. (Fed. Cir., N.D. Cal., & D. Del.)

Data acquisition: Part of team enforcing patents related to high data rate, device-independent information transfer against multiple defendants; trial court denied motion to transfer venue and appeal court denied mandamus. Ms. Glauser led Federal Circuit briefing and is assisting in defending multiple inter partes review proceedings. (Fed. Cir., PTAB,& E.D. Tex.)

Multimedia streaming and downloading: Co-led enforcement against multiple accused infringers of patents related to architecture and techniques for indexing, accessing, distributing, and surveying multimedia data; cases settled favorably after Ms. Glauser conducted source code deposition and secured favorable discovery and pleading-stage rulings. (C.D. Cal. & D. Del.)

Camera phone hardware and software: Part of team that enforced patents relating to handheld system for capturing, converting, compressing, storing, and transmitting digital images. Ms. Glauser led Federal Circuit briefing of favorable PTAB inter partes review decision confirming validity of infringed claims; case settled favorably while appeal pending. (E.D. Tex., PTAB, & Fed. Cir.)

Audio player: Part of team enforcing patents relating to an audio player programmed to interact with a digital library; obtained favorable final written decision from PTAB in inter partes review proceeding and settled multiple actions favorably.

Digital rights management: Part of team that enforced patents related to digital rights management. Ms. Glauser argued the pre-trial and evidentiary issues and conducted direct examination of party representatives at trial and led Federal Circuit briefing on appeal. (Fed. Cir. & N.D. Cal.)

Internet search and algorithms: Part of team that enforced patents relating to internet search technology and algorithms resulting in multiple favorable settlements; PTAB issued favorable final written decision in inter partes review proceeding affirming validity of infringed claims that was overturned on appeal in a 2-1 decision. (Fed. Cir.,PTAB, & N.D. Cal.)

Gaming devices and software: Lead Federal Circuit briefing seeking to overturn summary judgment in favor of gaming company accused of infringing patent related to technology for using exercise to control computerized video games. (Fed. Cir.)

Biochemistry and protein engineering: Part of team that represented one of world’s largest chemical companies relating to genetically-engineered enzymes used to make fuel ethanol; obtained trial court judgment invalidating patent for lack of written description that was affirmed on appeal. (W.D. Wis.)

Internet search and algorithms: Part of team that represented a large research university and its exclusive licensee in a patent infringement suit against a Fortune 50 computerized search company; obtained a favorable license and settlement after jury selection. Ms. Glauser lead pretrial and played a critical role in litigation strategy and preparation.(E.D. Tex.)

Biotechnology Tools: Part of team that obtained a multi-million dollar arbitration award for a global biotechnology tools company in connection with a breach of a licensing agreement involving DNA-based identity testing. Ms. Glauser co-lead the briefing in the “baseball”-style arbitration.(AAA Arbitration)

Trade Secrets: Co-led representation of international oilfield services company in connection with a former employee’s theft of trade secrets; obtained temporary restraining order, favorable settlement, and assignment of patent rights. (Tex. Dist. – Harris Cnty.)

Wind Turbine Generator: Assisted in successful trial of an International Trade Commission investigation on behalf of Fortune 50 company; ALJ ultimately found a Section 337 violation. (ITC)
Truck-bed lining: Part of team that enforced patent related to trimming linings applied to truck beds; obtained total victory on claim construction, favorable summary judgment of infringement, and favorable settlements.

Antitrust Litigation:

Dental supplies: Assisting Plaintiffs Class Counsel in prosecuting antitrust class action against dental supply distributors for price-fixing; trial court dismissed defendants’ motion to dismiss. (E.D.N.Y.)

ERISA Litigation:

ERISA Class Action: Part of trial team that successfully defended telecommunications company against a putative class action ERISA case. (5th Cir. & W.D. Tex.)

ERISA Stock-Drop Class Action: Assisted in obtaining dismissal of ERISA stock-drop class action filed against Fortune 500 company and certain of its officers and directors in connection with split-off from parent corporation.