Overview

Frank Albert, Ph.D., represents clients in high-stakes patent litigation both in district courts and at the International Trade Commission. Frank has helped some of the world’s best-known companies with their most challenging patent cases.

Frank has tried patent cases to verdict throughout the country, particularly in the patent-heavy dockets in district courts in Texas, Delaware, and California, as well as at the International Trade Commission. He has participated in nearly a dozen trials, achieving favorable verdicts and settlements in high-stakes litigations. Frank also has advised clients in inter partes review proceedings at the Patent Trial and Appeal Board.

As a scientist by training with a Ph.D. in physics, Frank is well-versed in bridging the gap between advanced technical concepts and their application in the court. Frank is a named inventor on six U.S. patents in the fields of next-generation computer memories and semiconductor design. Frank is also a named author on six scientific publications in the fields of nanotechnology, advanced semiconductor processing, and computer memories.

Frank uses this perspective to teach juries and judges about a wide variety of computer hardware technologies. Frank has litigated cases involving semiconductor processing, advanced transistor designs, semiconductor packaging, computer processors design, computer memory (including DDR3, DDR4, DDR5, HBM, and NAND), power management, computer software, network communication and security, audio and video encoding, and medical devices.

In recognition of his achievements, Frank has been named to the Best Lawyers in America list by Best Lawyers.

Frank was born and raised in Southern California, where he met his wife, Amanda. They have been married for more than 20 years and have two children.

Experience

U.S. District Court Cases​

Intel Corp. adv. U.S. Ethernet Innovations, LLC (N.D.Cal.) (Defending Intel in patent litigation concerning Ethernet technology.)

SRI International, Inc. adv. Check Point Software, Inc. (N.D.Cal.) (Counsel for patentee SRI in patent litigation concerning network intrusion detection.)

SRI International, Inc. adv. Fortinet, Inc. (N.D.Cal.) (Counsel for patentee SRI in patent litigation concerning network intrusion detection.)

LG Electronics, Inc. adv. Multimedia Patent Trust (S.D.Cal.) (Defended LG in patent litigation concerning video compression. Assisted in obtaining defense verdict of non-infringement.)

Microsoft Corp. adv. Uniloc USA (D.R.I.) (Defended Microsoft in patent litigation concerning product activation technology; settled favorably during trial.)

DIRECTV adv. Multimedia Patent Trust (S.D.Cal.) (Defended DIRECTV in patent litigation concerning video compression; settled favorably shortly before trial.)

Google Inc. adv. Northeastern University and Jarg Corporation (E.D.Tx.) (Defended Google in patent infringement litigation involving distributed databases; settled favorably shortly before trial.)

Microsoft Corp. adv. Xpoint (D.Del.) (Defended Microsoft in patent litigation concerning data backup technology; settled favorably.)

Microsoft Corp. adv. Lucent Technologies, Inc. (S.D. Cal.) (Defended Microsoft in patent litigation concerning speech compression software. The District Court awarded summary judgment of non-infringement and the Federal Circuit affirmed the holding at 525 F.3d 1200 (Fed. Cir. 2008).)

Amazon.com, Inc. adv. IBM Corp. (E.D.Tx.) (Counsel for plaintiff Amazon.com in patent litigation concerning online commerce and database technology; settled favorably.)

U.S. International Trade Commission, Section 337 Proceedings

Samsung Electronics Co. Ltd. adv. Ericsson Inc. (ITC proceeding 337-TA-862) (Defending Samsung in patent litigation concerning wireless transmission and reception, speech compression, and user interface technology.)

Cypress Semiconductors adv. LSI Corporation and Agere Systems, Inc. (ITC proceeding 337-TA-648) (Defended Cypress in patent litigation concerning semiconductor processing; settled favorably.)

Samsung Electronics Co. Ltd. adv. Renesas Technology Corp. (ITC proceeding 337-TA-595) (Defended Samsung in patent litigation concerning on-die termination and driver circuits for DDR2 SDRAM memory devices and phase-shift masks used in the fabrication of DDR1 and DDR2 SDRAM memory devices; Staff concurred with non-infringement, no domestic industry, and invalidity of asserted patents; settled favorably after 6 day trial, 2 days before the initial determination was to issue.)

Patents

U.S. Patent No. 7,242,045, “Spin transfer magnetic element having low saturation magnetization free layers,” issued July 10, 2007.

U.S. Patent No. 7,161,829, “Current confined pass layer for magnetic elements utilizing spin-transfer and an MRAM device using such magnetic elements,” issued January 9, 2007

U.S. Patent No. 7,009,877, “Three-terminal magnetostatically coupled spin transfer-based MRAM cell,” issued March 7, 2006

U.S. Patent No. 6,933,155, “Methods for providing a sub .15 micron magnetic memory structure,” issued August 23, 2005.

U.S. Patent No. 6,847,547, “Magnetostatically coupled magnetic elements utilizing spin transfer and an MRAM device using the magnetic element,” issued January 25, 2005.

U.S. Patent No. 6,829,161, “Magnetostatically coupled magnetic elements utilizing spin transfer and an MRAM device using the magnetic element,” issued December 7, 2004.

U.S. Patent Appl. No. 2007/0159734, “Spin transfer magnetic element having low saturation magnetization free layers,” filed March 13, 2007.

U.S. Patent Appl. No. 2009/0185410, “Method and System for Providing Spin Transfer Tunneling Magnetic Memories Utilizing Unidirectional Polarity Selection Devices,” filed January 22, 2009.