Alan Albright routinely counsels his clients regarding patent litigation, licensing, protection and enforcement of trade secrets, as well as a variety of other issues faced by technology companies. Alan has civil jury trial experience in both state and federal courts, where he has litigated disputes involving patents, trade secrets, employment cases, breach of contract and Internet-related claims. He has represented clients in the Internet, software, hardware, medical equipment and semiconductor industries. Alan also has experience handling antitrust and first amendment issues.
From 1992 to 1999, Alan served as a United States Magistrate Judge in the Austin Division of the Western District of Texas. He also served for several years as an adjunct professor at the University of Texas School of Law teaching “Trial Advocacy.”
Recent Notable Matters
RTIC Coolers, LLC — Yeti Coolers, LLC v. RTIC Coolers, LLC. Represented a cooler and drinkware direct-to-consumer retailer in a suit filed by a competitor in the U.S. District Court for the Western District of Texas – Austin Division, alleging patent infringement, trademark and trade dress. Obtained favorable settlement, effectively ending all litigation.
Syntrix Biosystems Inc. — Syntrix Biosystems Inc. v. Illumina Inc. Represented the client, a biotechnology research firm, in a patent suit against Illumina in the U.S. District Court for the Western District of Washington. Syntrix first filed the suit in November 2010, alleging that DNA- and RNA-analyzing products made and sold by Illumina infringed U.S. Patent 6,951,682. After an 11 day jury trial, the court awarded Syntrix $95,795,507 in damages and a 6 percent royalty rate. Verdict awarded "National Law Journal Top 100 Verdicts of 2013."
Device manufacturer — In the Matter of Certain Devices Having Elastomeric Gel, Inv. No. 337-TA-732. Represented the client in pursuing a Section 337 investigation for patent infringement against over 25 respondents.
Semiconductor company — In the Matter of Certain Integrated Circuits, Chipsets, and Products Containing Same including Televisions, Media Players, and Cameras, Inv. No. 337-TA-709. Representing the client in pursuing a Section 337 investigation for patent infringement against various consumer electronics manufacturers (currently pending at the International Trade Commission).
Builder Homesite, Inc., New Home Technologies LLC, et al. — OLA v. Builder Homesite, Inc., New Home Technologies LLC, et al. Represented providers of application services for the homebuilding industry against claims of patent infringement, theft of trade secrets, antitrust and related claims in the Eastern District of Texas.
Comverge, Inc., et al. — IP Co., LLC d/b/a Intus IQ v. Comverge, Inc., et al. Represented provider of clean energy products and advanced metering solutions against multiple claims of patent infringement; matter settled favorably. (Eastern District of Texas)
3N Global, Inc. — Zimmers and Davis v. 3N Global, Inc. Represented provider of emergency notification messaging system in defending against claims of patent infringement in two courts simultaneously; matter settled favorably. (Southern District of Ohio and Central District of California)
Microsoft — Alcatel-Lucent v. Microsoft. Successfully defended software manufacturer in patent litigation in many forums including the Southern District of California and the Eastern District of Texas.
Crossroads Systems — Crossroads Systems v. Pathlight Technology. Successfully represented providers of storage networking solutions against infringing competitor. (Western District of Texas)
Crossroads Systems — Crossroads Systems v. Pathlight Technology. Represented provider of storage networking solutions against infringing competitor at jury trial and obtained favorable settlement immediately before verdict. (Western District of Texas)
Crossroads Systems — Crossroads Systems v. Chaparral Network Storage. Successfully represented provider of storage networking solutions against infringing competitor at jury trial and obtained favorable outcome on appeal. (Western District of Texas and Federal Circuit Court of Appeals)
Microtune — Microtune v. Broadcom. Successfully represented chipmaker in two patent infringement suits. (Eastern District of Texas)
RSGA International — Cricket Productions and DTR Far East Associates v. RSGA International. Represented the defendant in patent jury trial involving renewable energy flashlights. Case settled favorably during trial. (District of Massachusetts)
Applied Materials — Silicon Services Consortium, et al. v. Applied Materials. Defended semiconductor equipment manufacturer in antitrust suit and also brought allegations of patent infringement on behalf of client. The case settled favorably before trial. (Western District of Texas)
Corel — JVC v. Corel. Representing, in pending litigation, a software company against allegations of patent infringement. (Western District of Texas)
Freescale — BT v. Freescale. Represented a chip manufacturer against allegations of patent infringement. (District of Delaware)
Cirrus Logic — Cirrus Logic v. Wolfson Microelectronics. Represented manufacturer of signal processing components for audio and energy applications in enforcement action in the International Trade Commission.
SigmaTel — SigmaTel v. Actions Semiconductor. Represented manufacturer of portable MP3 player technologies in enforcement action in the International Trade Commission.
Publications and Speeches
“Damages and Technical Experts,” State Bar of Texas/Texas Bar CLE – 13th Annual Advanced Patent Litigation Course, Horseshoe Bay, TX, July 21, 2017.
“Long-Term Trends and Continuing Evolution of Apportionment,” Intellectual Property Owners Association (IPO) Damages & Injunctions Committee Conference, Chicago, IL, June 7, 2017.
“Who is Alice and What is She Doing to My Tech Patents?” Austin Business Journal, April 18, 2016.
“Is this the end of forum shopping?” Intellectual Property Magazine, March 2016.
“Understanding the Defenses and Tactics in a Patent Case,” InsideCounsel, October 1, 2015.
“Federal Circuit Passes Torch from Juries to Judges for Willful Infringement Determinations,” IP Links, November 2012.
“Tips and Tactics for Drafting and Using Settlement Licenses in Litigation Post-ResQNet,” Intellectual Property Owners Association 40th Annual Meeting, September 2012.
“America Invents Act: Effects of Changes in Defense on Conduct of Litigation,” American Intellectual Property Law Association, Spring Meeting, May 2012.