Editorial: Patents in Texas

01 May 2007

Howrey LLP has an international reputation as a leader in the patents market and its standing is no different in the Lone Star State. With three practitioners listed here it boasts a platform of talent matched only by one other firm. John Lynch is widely regarded as one of Texas’s “most outstanding trial lawyers” and concentrates his practice on patent litigation. In this role he has represented companies that include Monsanto, Rockwell International, Merck and Westinghouse Electric. Lynch also provides counselling on litigation and patent prosecution issues and is an accomplished negotiator. Floyd Nation is “a notable adversary”, according to another nominee. He has handled complex litigation, including in the electro-mechanical and biotechnology sectors. As lead trial counsel he obtained a $46 million jury award in a semiconductor patent case. His clients range from Burger King to Crystal Semiconductor and Streck Laboratories. “Super attorney” John Norris joins Lynch and Nation in this chapter. Norris has a broad IP practice that includes trademark, trade secret and unfair competition matters, with a particular expertise in patent litigation. Having worked for five years as a chemical engineer for Exxon Research Laboratories, Norris is especially qualified to focus on chemical and petrochemical technology patent litigation. 

Like Howrey, the trial firm of McKool Smith PC also has three individuals on the following pages. From its Dallas, Austin and Marshall offices the firm has represented clients including Cisco Systems and Electronic Data Systems and “has a fantastic reputation for patent work”, according to one competitor. Dallas-based Mike McKool is a principal and one of the founders of the firm. McKool has represented high-profile clients such as Ericsson, Excel Communications and National Instruments in patent litigation. McKool is a frequent speaker on patent matters. Douglas Cawley is also based in Dallas and enjoys “a very good reputation for high-profile and complex cases”. Cawley represented Intel and its subsidiary Xircom in Northrop Grumman v Intel et al, regarding a patent litigation alleging infringement of ethernet protocols. Gordon White completes the trio and is managing partner of the Austin office. His practice includes the representation of plaintiffs and defendants in patent litigation relating to complex electrical technology and telecommunications. White has represented Samsung, Baldor Electric and Newbridge Network in patent infringement actions and is known in the market as “someone to have in your corner”.

The Dallas office of Sidley Austin LLP has its roots in the IP area. The office was established when the oldest intellectual property firm in Dallas, Richards Medlock and Andrews, joined the firm in 1996 and it remains dedicated solely to IP law – the only Sidley Austin office to dedicate itself to one practice area. The reputation of the firm remains strong and it is home to two practitioners on our list. One of these, Bryan Medlock, is the research’s most highly nominated individual and he is known among clients and peers as “a very fine lawyer” with a “stellar reputation”. He is a Fellow of the American College of Trial Lawyers and has served as lead counsel for companies such as AT&T, BellSouth and CIBA Vision. He was also counsel for Microsoft in PalTalk Holdings Inc v Microsoft Corp, in District Court for the Eastern District of Texas, Marshall Division. James Bradley is the managing partner of the Dallas office and has “a superior patent litigation practice”, trying cases in district courts and before the International Trade Commission. Comfortable with a variety of technologies, Bradley has litigated patent cases relating to semiconductor devices and process technology, telecommunications, oil-drilling apparatus and medical devices. 

Vinson & Elkins LLP has a good reputation in this field and in the past year has been involved in high-profile patent infringement litigation. V&E boasts two nominees in this chapter; both performed exceptionally well in the research. William LaFuze was noted as a “stand-out practitioner” and is co-head of the intellectual property and technical litigation section at the firm. His patent litigation practice has a focus on the electronics, oilfield equipment and computer-related fields, and clients he has represented include a major electronics firm in the defence of a patent infringement suit regarding printed circuit board technology. He is a past chair of the American Bar Association’s section of intellectual property law, and of the computer and intellectual property law sections of the State Bar of Texas. Willem Schuurman joins the Houston-based LaFuze on the list and represents the firm in the state capital. Noted as “the best in Austin” by one competitor, Schuurman has acted for clients including Swedish medical device company ProstaLund and Dow Chemical. He is a former president of the US section of the Federation of Industrial Property Attorneys. 

Jones Day represents technology clients such as Verizon, Texas Instruments, Nextel, Lucent, and Dell. Its “exceptional client base” can call upon the servcies of two highly rated professionals, Robert Turner and Hilda Galvan. Turner is “a fine lawyer” from the Dallas office, who is a past chairman of the intellectual property section of the State Bar of Texas. Galvan has a broad IP practice with a focus on patent litigation, having worked in areas as diverse as computer software, specialised mobile radio technology, semiconductor processing techniques, car speakers, offshore oil and gas platforms, and optic lenses. Clients include Texas Instruments, whom she recently represented successfullly in a patent infringement matter. 

Baker Botts LLP also has two of the state’s finest patent practitioners on the following pages. Scott Partridge has “a fine reputation” and works a great deal in the electrical and mechanical fields. Partridge is head of the intellectual property department in Houston and has particular expertise representing clients in litigation matters before the International Trade Commission. Clients have included Alcatel USA Resources, Nike and Cirrus Logic. Partridge also serves as arbitrator in patent matters. Bart Showalter’s practice focuses on patent litigation, procurement and licensing in the electronics, telecommunications and software fields as well as strategic counselling in all areas of IP. Showalter has, in the last year, represented Cisco in the patent litigation Fenner v Cisco et al. Other clients include Encyclopedia Britannica, Fujitsu, Ericsson and Cingular. He has also recently represented a large defence contractor in the development and management of a patent portfolio revolving around defence aircraft and related technologies. He has additionally advised a significant construction company on patent protection strategies, licensing and joint development initiatives. 

Heavyweight Texas firm Fulbright & Jaworski LLP also boasts two featured partners. Christopher Benson joined the firm in 2001, having begun his career with Arnold White & Durkee. He has tried patent actions for a variety of high-profile clients that include semiconductor makers, oil companies, metal manufacturers and shoe companies. David Parker joins Benson from Fulbright’s Austin office and has a “strong reputation in the biotech arena” (he holds a PhD in molecular pharmacology and molecular biology). Parker is head of the Austin intellectual property and technology section of the firm and the leader of the state capital’s biotech patent group. Parker serves as the vice president of intellectual property at Introgen Therapeutics, a biopharmaceutical company focused on the discovery, development and commercialisation of targeted molecular therapies for the treatment of cancer and other diseases. 

Haynes and Boone LLP is the final firm with more than one partner in this chapter. David McCombs is considered by his peers as “bright and a real leader”. His practice has an emphasis on patent procurement, patent litigation, and licensing in electronics, software and telecommunications. McCombs has been involved recently in significant patent litigation matters in the Eastern District of Texas, and numerous inter partes re-examinations in conjunction with patent litigation. Donald Templin joins McCombs from the Dallas office and is a Fellow of the American College of Trial Lawyers and the American Board of Trial Advocates. Templin was described to researchers as “a great trial lawyer with signifi- cant experience in patent litigation”. 

Margaret Boulware from Baker & McKenzie LLP is “the best-known patent attorney in Texas”, according to one source we spoke to. Boulware’s patent practice places emphasis on the chemistry and biotechnology fields and she also has experience in the chemical, mechanical and biotech areas. A leading light in the state, Boulware is also included in our chapter on trademark lawyers. 

Morgan Lewis & Bockius LLP’s Jerry Selinger is another “great trial lawyer”. Representative clients include Phibro-Tech, whom he represented most recently in Chancery Court in New Jersey regarding claims and counterclaims for theft of trade secrets. Selinger is also recognised for his trademark work and is included in the trademarks chapter as well. 

Russell Wong is a partner at the IP firm Wong Cabello Lutsch Rutherford & Brucculeri LLP. Wong puts his experience as associate general counsel and chief IP counsel of Compaq Computer to good use with “a fantastic reputation for counselling”. 

The Houston office of Mayer Brown Rowe & Maw LLP is home to the “intellectually brilliant” Sharon Israel. She is known for “strong appellate work” and has served as counsel in patent infringement cases relating to a variety of technologies, including telecommunications, electrical devices, chemical compositions, medical devices, mechanical devices and oilfield equipment. 

Cox Smith Matthews Incorporated is a San Antonio-based firm with offices in Austin, Dallas and McAllen. Gale Peterson, from San Antonio, is a “guru on the federal circuit”, according to one source. With numerous appointments as a special master, Peterson has also served as expert, court technical adviser, mediator and arbitrator in cases involving technologies ranging from communications to pharmaceuticals. The “highly regarded” Peterson is also recognised for his trademark work. Andrew Dillon, managing partner of Dillon & Yudell LLP, was described to researchers as the “premier prosecution lawyer in the state”. He attracted great praise for his role in helping IBM maintain their position as the number one recipient of issued United States patents for the 16th consecutive year. Dillon & Yudell LLP is an IP law firm based in Austin. 

Eric Buether chairs the IP practice group in the Dallas office of Greenberg Traurig LLP. Buether has “made a real name for himself in recent years”; no doubt a result of his involvement in the fourth largest patent infringement judgment in the US in 2004. This case saw him represent a major oil services company in patent infringement litigation. He obtained a $24 million verdict, a $41 million judgment and a permanent injunction for wilful infringement of three patents relating to drill bit design technology. 

Bruce Sostek from Thompson & Knight LLP has represented, among others, semiconductor manufacturers and manufacturers of microelectronics in patent litigation. He also represents plaintiffs in patent infringement actions. One such case involved the use of polyethylene lenses for the collection and focusing of passive infrared rays in motion detectors and other sensing devices. 

David Healey leads the Texas patent litigation group at Weil Gotshal & Manges LLP. One source sees him “in the top three” patent litigation lawyers in the state and he is particularly well versed in matters relating to semiconductors, telecommunications and software. Healey has represented high-profile companies such as Samsung Electronics., Microsoft, ExxonMobil, Yahoo!, Siemens-Westinghouse, General Motors, Oracle and Intel.

It is not possible to buy entry into Who's Who Legal

terms and conditionscontact us