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Bracewell’s IP lawyers combine their litigation and technology experience to provide efficient and effective representation of our clients in complex IP matters in venues across the United States, including the United States International Trade Commission (ITC) and the United States Court of Appeals for the Federal Circuit. Our team members, many of whom are registered patent attorneys with advanced technical degrees, are able to present persuasively technical details to judges and juries, and represent U.S. and international companies in a variety of industries including computer, software, energy, media, retail, telecommunications, and finance.

Experience

Recent Notable Matters

Baker Hughes Inc. — Numerous engagements asserting or defending claims of patent infringement including litigating and arbitrating patents related to oilfield services tools and refinery chemicals and processes.

Baylor University — Represented Baylor University in a suit to enjoin the independent Baylor University Alumni Association (BAA) from using trademarks owned by Baylor. Baylor sued the BAA for breaching its license agreement regarding the use of the “Baylor” mark and agreements related to its Baylor-owned building on campus. The parties reached a settlement in which the BAA would change its name and not hold itself out as an “alumni association” and Baylor University agreed to pay the BAA $2 million for tearing down its building to make way for Baylor’s football stadium, provided that the funds would be used to further the BAA’s charitable purposes.

Cummins Inc. and Cummins Filtration Inc. — Representing Cummins in a patent infringement dispute over diesel engine technology against a competitor in the Eastern District of Texas.

Facebook Inc. — Obtained a ruling on behalf of Facebook for a case alleging patent infringement of the asserted e-mail patent owned by Australian company A Pty. Ltd. in the Western District of Texas, Austin Division. We successfully invalidated the patent-in-suit, and the case was dismissed with prejudice prior to the commencement of discovery.

HTC Corporation — Obtained a complete victory for consumer electronics company HTC in a case brought by a NASA contractor who claimed that HTC’s virtual reality VIVE headset infringed its 3D software trademarks.  Venued in the Eastern District of Virginia and placed on its famed “rocket docket,” with just five months from the start of the litigation to the scheduled trial date, Bracewell prevailed on summary judgment on the eve of trial.  In granting summary judgment and excluding the entirety of Plaintiff’s expert testimony via a co-filed Daubert motion, the district court concluded that no reasonable jury could have found a likelihood of confusion between HTC’s headsets and the plaintiff’s software services.

Overstock.com, Inc. — Won a significant jury verdict in a patent infringement suit against plaintiff, Alcatel, marking a rare defense victory in a patent case in the Eastern District of Texas in a suit alleging infringement of e-commerce website technology. Represented client in additional patent infringement cases from the Northern and Eastern Districts of Texas to the District of Delaware.

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." 

Toshiba Corporation — defending patent infringement in numerous district courts in New York (Eastern District), Texas (Eastern District), California (Central District), Delaware, Utah, and before the International Trade Commission

United Technologies Corporation — representing multiple United Technologies entities including Carrier Corporation and UTC Fire & Security in multiple patent infringement matters in the Eastern District of Texas

Upscale fashion retailer — defending patent infringement allegations in multiple venues, including the District of Delaware

Westlake Chemical Corporation — Our client, a NYSE-traded global chemical manufacturer, was sued by Equistar Chemicals in the Eastern District of Texas for infringing a patent claiming an improved process for making tie-layer resins used in the food packaging industry.  Equistar, which is a wholly-owned subsidiary of LyondellBasell, sought a permanent injunction as well as approximately $40 million in actual damages for past and future infringement, exemplary damages for willful infringement, and attorneys’ fees.  After a jury trial against one of the top-ranked patent litigation firms in the U.S. in a venue known to favor plaintiffs, the jury accepted our arguments entirely and returned a verdict of non-infringement for Westlake.

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