Christopher J. Rourk

Patent Infringement Litigation

• Represented one of the largest electronic payment processors in a patent infringement case involving debit card payment technology that resulted in a Federal Circuit decision that confirmed summary judgment in favor of the client and which clarified joint infringement liability.
• Represented a developer of image data compression technology in licensing and litigation which resulted in significant revenue.
• Represented one of the largest semiconductor memory chip manufacturers in a patent infringement case involving DRAM, SRAM and flash memory technology that led to a take-nothing jury verdict in New Jersey.
• Represented a large electrical equipment manufacturer in patent and trade secret litigation involving power transformer technology that resulted in a favorable settlement for less than ten percent of the claimed damages.
• Represented a large electronic payment processor in a patent infringement case involving credit card payment technology that resulted in a favorable settlement for less than ten percent of the claimed damages.
• Represented a polymer lining manufacturer in a patent infringement case involving extruded plastics technology that resulted in a favorable settlement.

Trademark Infringement Litigation

• Represented a software developer and marketer in a trademark infringement and unfair competition case involving misrepresentation by a third party of which company originally developed features of a software package that resulted in a favorable settlement.
• Represented a food manufacturer in a trademark infringement case that resulted in a favorable settlement.
• Represented a pet charity in a trademark infringement appeal, including briefing and presentation of arguments to the United States Court of Appeals, Fifth Circuit.

General Practice Experience

• Prosecuted to issuance patents that were successfully asserted against infringers in the area of data messaging technology to generate significant settlement revenue.
• Prosecutes patents for Fortune 50 companies, start-up companies, leading universities and numerous other clients in the areas of electrical engineering, software, data communications, artificial intelligence, data encryption, block chain and other technologies.
• Represents largest provider of authentication devices and associated services in negotiating agreements with suppliers and licensees and patent/trademark matters.
• Routinely performs due diligence in deals ranging from $1 million to over $1 billion in value.
• Routinely advises clients on intellectual property strategy, sales strategy, marketing strategy and resolving commercial disputes in cost-effective manners to avoid protracted litigation where it is not strategically necessary.

• AV Rating, Martindale-Hubble
• Texas Bar Foundation, Fellow
• “Best Lawyers in Dallas,” D Magazine, 2018-2019, 2021
• The Best Lawyers in America (Woodward/White Inc.), Litigation – Intellectual Property, 2020-2023

Publications & Speaking Engagements

• Author, “Scientists discover quantum mechanical switching in ferritin structures similar to those found in neural tissue,” Science X (August 2021)
• Author, “Smart Policing: Is It a Human Rights Violation,” Lawyer Monthly (March 2021)
• Speaker, Quantum Science Concepts in Enhancing Sensing and Imaging Technologies: Applications for Biology—A Workshop, National Academies of Sciences, Engineering, and Medicine (March 2021)
• Author, “Chapter Three – Functional neural electron transport” Advances in Quantum Chemistry: Quantum Boundaries of Life (Vol. 82), Academic Press (October 2020)
• Author, “Can we realistically create laws on artificial intelligence?,” Open Access Government (February 2020)
• Author, “ABA Resolution: Caution with AI Use in Legal Practice,” Dallas Bar Association Headnotes (January 2020)
• Author, “‘Romag v. Fossil’: License Provisions for Avoiding a Trip to the Supreme Court,” Texas Lawyer (January 2020)
• Author, “Intellectual Property Financing Unveiled,” Asia IP (October 2019)
• Speaker, “Artificial Intelligence and Legal Ethics,” Dallas Bar Association North Dallas Friday Clinic (July 2019)
• Author, “USPTO Rebukes High Court’s Approach To Abstract Ideas,” Law360 (February 2019)
• Co-Author, “Design Patent Confusion In Fed. Circ. Maatita Ruling,” Law360 (September 2018)
• Author, “Ex Parte Reexamination May Cost Apple $177 Million,” Jackson Walker Insights (June 2018)
• Speaker, “Administrative Law Fundamentals and Strategies for IP Lawyers,” Dallas Bar Association Intellectual Property Law Section (October 2017)
• Author, “The Top 10 Things You Wanted to Know About False Patent Marking but Were Afraid to Ask,” Jackson Walker Insights (April 2010)

In the News

• “Patents are for the weak,” Asia IP (November 2022)
• “The Metaverse is Coming: How can Asia’s Developing Jurisdictions Cope with its IP Issues?” Asia IP (March 2022)
• “The unusual suspect,” Asia IP (February 2022)
• “Hong Kong Customs Combats Counterfeiting Activities Involving Goods Bound for the United States,” Asia IP (August 2021)
• “Almost US$300,000 Worth of Counterfeit Auto Parts Seized in the United States,” Asia IP (August 2021)
• “Apple Watch might be banned for sale in the United States due to patent infringement,” Asia IP (July 2021)
• “Ofinno and Honda complete large patent transaction,” Asia IP (July 2021)
• “America seizes almost US$1 million worth of Cartier, Van Cleef & Arpels and Louis Vuitton knockoffs,” Asia IP (May 2021)
• “uCloudlink Group announces progress in patent infringement disputes,” Asia IP (May 2021)
• “Nokia and Lenovo Conclude Patent Cross-Licensing Agreement,” Asia IP (April 2021)
• “LG Electronics Sued by American Mobile Software Company for Patent Infringement,” Asia IP (April 2021)
• “Nokia and Samsung Sign Patent Licensing Agreement,” Asia IP (March 2021)
• “American smart home company sues competitor for patent infringement,” Asia IP (March 2021)
• “Taylor Swift sued by theme park over trademark infringement,” Asia IP (March 2021)
• “Samsung sued for alleged Smart Home Patent infringement in America,” Asia IP (February 2021)
• “Care to share? The pros and cons of IP sharing,” Asia IP (November 2020)
• “New U.S.-China agreement: Signed, sealed… and then comes implementation,” Asia IP (March 2020)
• “Patent Subject Matter Eligibility,” Asia IP (September 29, 2017)
• “Before Sue-rise,” Asia IP (July 31, 2017)
• “LESI 2017’s Augmented Reality,” Asia IP (April 18, 2017)
• “A Look at the Five-Year Impact of the America Invents Act,” D CEO (March 2017)
• “Rogue One: A Fake Goods Story,” Asia IP (January 25, 2017)
• “A Look Back at the Top AIA-Related Decisions of 2016,” Law360 (January 6, 2017)

Chris was the lead briefing attorney for the appellant in In re Magnum Oil Tools International, 829 F.3d 1364 (Fed. Cir. 2016), one of the first cases to result in a full reversal of the Patent Trial and Appeal Board from a decision in an inter partes review, and which has been cited in subsequent court decisions over 600 times. The Federal Circuit agreed with Chris’ argument that it was improper to shift the burden of proof to the patent owner to prove the validity of the challenged patent.

Chris has handled a number of high-profile patent litigation matters, including filing the lawsuit that resulted in the Federal Circuit decision in BMC v. Paymentech, 498 F.3d 1373 (Fed. Cir. 2007), which provided controlling precedent on the question of joint infringement of patent claims and which has been cited in subsequent court decisions over 300 times. His patent prosecution work has also been cited as exemplary by the U.S. Patent and Trademark Office and has withstood attack in district court litigation and post-grant challenges.