Nicole Glauser

Partner

contact

737.256.7784

nglauser@krameralberti.com

Nicole (“Nicki”) Glauser is a trial and appellate lawyer, who focuses her practice on patent litigation.  She serves as lead trial counsel and has substantial experience in all phases of litigation in district courts across the United States and in the Federal Circuit.

She has an impressive record of successfully representing inventors, universities, and other patent holders in protecting and enforcing their intellectual property in a wide variety of technological fields, including wireless signals, 3-D virtual models, Internet search algorithms, Internet advertising, semiconductors, multimedia streaming, digital rights management, smart phone technology, gaming devices, renewable energy, and biochemistry and protein engineering.

After graduating from the University of Texas School of Law, Nicki clerked for the Honorable David M. Ebel on the United States Courts of Appeal for the Tenth Circuit before practicing as an associate at Vinson & Elkins LLP, and most recently as a partner at DiNovo Price LLP.

Nicki is consistently recognized among the top lawyers in her field.  She was the eighth attorney nationwide and the first Austin-based attorney to earn Board Certification in Patent Litigation by the National Board of Trial Advocacy (NBTA), a high and stringent honor earned by only approximately three percent of American lawyers. She has been named a Texas Super Lawyer every year since 2015, and for many years has been named a Texas Top Women Attorney.

 

significant matters
Polaris PowerLED Technologies, LLC v. Dell Technologies, Inc. et al. (W.D. Tex.).  Represented Polaris in its patent infringement case against Dell and Microsoft Corp. relating to display screen automatic brightness control technology. Opposing counsel: Covington & Burling LLP and Alston & Bird LLP.
Papst Licensing GmbH & Co., K.G. v. Samsung Electronics Co., Ltd. and Samsung Electronics America, Inc. (E.D. Tex., PTAB, Fed. Cir.).  Represented Papst in enforcing patents related to high data rate, device-independent information transfer against multiple cell phone manufacturers. Obtained a multi-million jury verdict against Samsung and settled favorably while appeal pending. Opposing counsel: Drinker Biddle & Reath; Scott Douglass & McConnico; and Faegre Baker Daniels.
Phelan Group v. Toyota et al. (E.D. Tex.).  Represented Phelan in enforcement of its patents relating to driver safety technology. Attained early, favorable settlements in actions against accused automakers. Opposing counsel: O’Melveny & Myers LLP and Sughrue Mion, PLLC.
KlausTech, LLC v. Google LLC (Fed. Cir. & N.D. Cal.).  Represented KlausTech in action alleging Google’s infringement of a patent claiming a process for Internet advertising on websites and mobile applications. Case settled favorably after defeating two motions to dismiss and an invalidity challenge during claims construction. Also represented KlausTech on appeal of prior patent infringement action against Google. Opposing counsel: Paul Hastings LLP.
Preservation Technologies Patent Infringement Litigation (W.D. Tex., C.D. Cal., & D. Del.).  Represented Preservation Technologies in enforcement of patents developed by the University of Southern California relating to architecture and techniques for indexing, accessing, distributing, and surveying multimedia data. Attained favorable settlements against multiple accused infringers, including Netflix, DISH, Facebook, Sony, and Hulu, after securing favorable discovery and pleading-stage rulings. Opposing counsel: Latham & Watkins LLP; Pillsbury Winthrop Shaw Pittman LLP; Baker Botts L.L.P.; Kilpatick Townsend & Stockton LLP; Orrick, Herrington & Sutcliffe, LLP; Cooley LLP; Fenwick & West LLP; and Skadden, Arps, Slate, Meagher & Flom LLP.
Appliance Computing III, Inc. d/b/a Surefield v. Redfin Corp. (W.D. Tex.).  Served as trial counsel for Surefield in a jury trial alleging Redfin’s infringement of patents related to 3D virtual tour technology, after successfully defeating related inter partes petitions. Opposing counsel: Alston & Bird LLP; The Dacus Firm, P.C.; and Slayden Grubert Beard PLLC.
Human Differential Intelligence, LLC Patent Litigation (W.D. Tex.).  Represented Human Differential Intelligence in enforcement of patents relating to CAPTCHAs; cases settled favorably after obtaining claims construction order in HDI’s favor and defeating multiple motions to dismiss. Opposing counsel: Fish & Richardson, PC; Foley & Lardner LLP; and Klarquist Sparkman, LLP.
Papst Licensing GmbH & Co. KG v. Altera Corp., Xilinx, Inc. (Fed. Cir., N.D. Cal., & D. Del.).  Represented Papst in enforcement of patents related to generating and verifying tests for memory devices. Obtained dismissal of declaratory judgment action brought by accused infringer in district court and represented patent owner in appeals of dismissal and patentability pursuant to 35 U.S.C. § 101. Opposing counsel: Jones Day; Perkins Coie LLP; and Weil Gotshal & Manges LLP.
Digital Reg of Texas, LLC v. Adobe Systems Inc. et al. (Fed. Cir. & N.D. Cal.).  Represented Digital Reg in action alleging infringement of patents related to digital rights management, including a jury trial and subsequent appeal against Adobe. Attained multiple favorable settlements. Opposing counsel: Weil Gotshal & Manges LLP and Wilson Sonsini Goodrich & Rosati.
Biochemistry and Protein Engineering, Confidential Matter (W.D. Wis.).  Assisted in defending one of the world’s largest chemical companies in a patent infringement case relating to genetically engineered enzymes used to make fuel ethanol. The trial court invalidated the patent for lack of written description and Federal Circuit affirmed. Opposing counsel: Foley & Lardner LLP and Fenwick & West LLP.
Internet Search and Algorithms, Confidential Matter (E.D. Tex.).  Represented a large research university and its exclusive licensee in a patent infringement suit against a Fortune 50 computerized search company. Case settled favorably after jury selection. Opposing counsel: Fish & Richardson PC and King & Spalding LLP.
Biotechnology Tools, Confidential Matter (AAA Arbitration).  Co-authored the winning baseball-style arbitration brief on behalf of a global biotechnology tools company in a $100 million AAA arbitration over earnout provisions in a merger agreement and attained a complete defense award.
Wind Turbine Generator, Confidential Matter (ITC).  Assisted in a successful trial of an International Trade Commission investigation on behalf of Fortune 50 company; ALJ ultimately found a Section 337 violation. Opposing counsel: Finnegan, Henderson, Farabow, Garrett & Dunner, LLP.
education
Juris Doctor with highest honors
The University of Texas School of Law, Austin, TX
Vice-Chancellor/Salutatorian
Texas Law Review

Bachelor of Arts
Plan II (Interdisciplinary Liberal Arts) and History
The University of Texas, Austin, TX

admissions
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
venue experience
California
Delaware
Kentucky
New York
Pennsylvania
Texas
Virginia
Washington
Wisconsin