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Philip H. Albert

Philip Albert concentrates his practice on patent prosecution and counseling. He advises clients on intellectual property matters related to electronics, software, and business methods in various technologies, such as computer-generated imagery, digital signal processing, e-commerce technology, cryptology, and wired and wireless networking and protocols. Philip provides patent validity, infringement, and freedom-to-practice opinions, counsels on litigation strategy, and advises on open source issues and the interplay of industry standards and patents.

Prior to practicing law, Philip worked for several years as an electrical engineer, including at NASA’s Jet Propulsion Laboratory.

Representative Experience

Patent Services

Patent Prosecution for bitcoin hardware developer

Advising on patent prosecution for company developing bitcoin accelerators. (Ongoing)

Patent prosecution and licensing for communication hardware maker

Handling patent prosecution for portfolio of a communication hardware maker and handle due diligence for licensing operations. (Ongoing)

Patent prosecution for e-commerce developers

Advising on patent prosecution for several clients that develop tools used by e-commerce providers to provide improved security and user interfaces, as well as other web-based tools. (Ongoing)

Patent prosecution for drug discovery startup

Handling ongoing patenting and prosecution of portfolio including patents on drug discovery through computational techniques. (Ongoing)

Open source advising for large semiconductor manufacturer

Advising on in-licensing of open source software and hardware and advising on out-licensing of client-created software and hardware. (Ongoing)

Defense of e-commerce company in patent suit*

Assisted in defense of an e-commerce company related to patents for web interfaces; settled favorably for defendant. (2010)

Defense of Novatek Microelectronics in patent suit*

Assisted Novatek Microelectronics in a multi-defendant patent litigation, resulting in invalidation of the asserted patent via reexamination, and summary judgment of noninfringement. (2008)

Patents in Litigation

Yahoo! Inc. v. Facebook, Inc.*

Asserted, among others, U.S. Patent 5,983,227, with priority from 1997. Civ. No. 12-01212. (DC NDCA March 12, 2012)

Riverbed Technology, Inc. v. Silver Peak Systems, Inc.*

Asserted U.S. Patents 7,428,573, 7,849,134, 7,853,699, and 7,953,869. Civ. No. 1:2011cv00484 (DC Del June 1, 2011)

Quantum Corporation v. Riverbed Technology, Inc.*

Asserted U.S. Patent 7,116,249 (“Content-Based Segmentation Scheme for Data Compression in Storage and Transmission Including Hierarchical Segment Representation”) with priority from 2002. Civ. No. C 07-04161-WHA (NDCA August 14, 2007)

Yahoo! Inc. v. Xfire, Inc.*

Asserted U.S. Patent 6,699,125 (“Game Server for Use in Connection with a Messenger Server”) with priority from 2000, related to online game servers. Civ. No. 5:2005cv00413 (NDCA January 28, 2005)

Trilegiant Loyalty Solutions, Inc. v. Maritz Inc.*

Asserted U.S. Patents 5,774,870, 6,009,412, and 6,578,012. Civ. No. 1:04-cv-00360-JJF (D. Del. June 8, 2004)
* Denotes experience completed at a prior firm

Additional Qualifications

  • Partner, Kilpatrick Townsend & Stockton LLP, San Francisco, 1998-2013

Professional Recognition

    • Selected to "Northern California Super Lawyers," Thomson Reuters, 2015-2017