Jessica L. Gutierrez



Jessica’s practice focuses on intellectual property and technology litigation.  Jessica leverages her technical background and broad IP experience to help her clients navigate every stage of the litigation process, from pre-suit evaluation to trial.  She has represented clients in district court and before the Patent Trial and Appeal Board.  She also has experience preparing and prosecuting patent applications, conducting freedom to operate analyses, drafting non-infringement and invalidity opinions, and preparing licensing agreements.  Jessica has worked on a wide range of technological fields, including medical devices, medical imaging, pharmacogenomics, computer data storage, computer software, oilfield drilling equipment, agricultural compositions, unmanned aerial vehicles, laser diodes, and converting machinery.

Prior to her legal career, Jessica was an Airport Design Engineer, designing improvement projects for airports throughout the southwestern United States.  Jessica’s engineering background allows her to develop a deep understanding of her clients’ technologies so that she may best represent their interests.

Jessica has served as an international patent drafting competition coach at the University of St. Thomas School of Law since 2019.

Trial counsel for Dr. Richard Tholen, a top Twin Cities plastic surgeon who endured an amputated leg after Assist America refused to evacuate him for proper medical care, in Tholen v. Assist America, wherein a federal jury in Minnesota awarded Dr. Tholen a $27.8 million verdict, including $10 million in punitive damages.

Trial counsel for 4DD Holdings, LLC—a Virginia-based and veteran-owned developer of complex data federation software—in an ongoing case in the Court of Federal Claims against the United States Government for alleged violation of a software copyright license agreement. This case represents one of the largest software copyright infringement actions currently pending against the Government. 4DD asserts that the Government infringed 4DD’s copyright by copying its proprietary software program, TETRA® Healthcare Federator, on servers and other computing devices associated with tens of thousands of unauthorized processor cores in express breach of its license. Successfully obtained sanctions award of almost $1.2 million in fees against the Government for destroying evidence. In April of 2022, the Court partially granted 4DD’s summary judgment motion, holding that 4DD has a valid copyright in its software and that the end-user license agreement prohibited the defendant from installing certain unauthorized copies or “cores” of its software. The Court also denied the Government’s summary judgment motion in its entirety. In November of 2022, 4DD’s claims were heard at trial before the Court of Federal Claims. Post-trial briefing is ongoing.

Super Lawyers Rising Star Jessica Guiterrez
Northstar Lawyer
  • Listed in The Best Lawyers in America: Ones to Watch (2024 edition)
  • Named a "Minnesota Rising Star," Super Lawyers (2018-2023)
  • Named an “Up and Coming Attorney,” Minnesota Lawyer (2021)
  • Named a “North Star Lawyer” by the Minnesota State Bar Association for providing at least 50 hours of pro bono legal services (2016-2021)
  • Received Equal Justice Award from Minnesota Women Lawyers (2013)
Bar Admissions
  • Minnesota
  • United States Court of Federal Claims
  • United States Patent and Trademark Office
  • U.S. District Court for the District of Minnesota
  • Mitchell Hamline School of Law, J.D., summa cum laude (2014); Law Review, Managing Editor (2013-2014); Constance L. Bakken Research Fellow (2013-2014)
  • Arizona State University, B.S. in Civil Engineering (2009); Chi Epsilon Civil Engineering Honor Society
Professional Associations
  • Minnesota Intellectual Property Law Association (MIPLA), Section Chair of Patent Litigation
  • Minnesota State Bar Association
  • The Honorable Jimmie V. Reyna IP Inn of Court
  • Verdict Alert! 8-Figure Edition
    Panelist, Minnesota Association for Justice, Webinar (February 2, 2022)
  • Maximizing Value When Acquiring or Divesting Patents for Assertion
    Co-Presenter, Minnesota IP Law Association (MIPLA) Virtual Stampede (May 19, 2021)
  • Printing Infringement: The IP Implications of 3D Printing
    Minnesota CLE presentation (2016, 2017)
May 19, 2021
WEBINAR | Minnesota IP Law Association (MIPLA) Virtual Stampede
John K. Harting, Jessica L. Gutierrez - Minnesota IP Law Association (MIPLA)


  • The Privacies of Life: Automatic License Plate Recognition is Unconstitutional Under the Mosaic Theory of Fourth Amendment Privacy Law,” 38 Hamline L. Rev. 127 (Spring 2015)
  • “Sharing Copyrights: The Copyright Implications of User Content in Social Media,” 35 Hamline J. Pub. L. & Pol’y 104 (Spring 2014)
  • Duetsblog intellectual property legal blog, contributing author, (2014-2019)
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