Russ Meyer is a highly respected trial attorney whose primary practice is in the areas of intellectual property and business litigation. He has represented some of the largest companies doing business in the United States, including LG Electronics USA, Inc.; Hyundai Motor America; Samsung Electronics America, Inc.; Samsung Electro-Mechanics Co., Ltd.; Borden, Inc.; Evenflo Company, Inc.; Phillips Petroleum Co.; Jaguar Cars, Inc.; HKS; and Noma International, Inc.
He has served as trial counsel for:
- LG Electronics, USA Inc. at both the trial and appellate levels in a case involving claims for negligence and gross negligence related to a machining accident that resulted in a disabling injury. Russ’ team demonstrated that Plaintiff was a Mexican citizen and resident who suffered the injury at her workplace in Mexico, during the course of her employment with a Mexican company, while working in a facility owned and operated by other Mexican entities. They further established that the machine which allegedly caused Plaintiff’s injury was owned, operated, and maintained by a Mexican company. The trial court concluded that it was appropriate to dismiss the case in its entirety based on the doctrine of forum non conveniens. The appellate court affirmed the decision. Moreno v. LG Electronics, USA Inc., 2014 WL 11281383, aff’d, 800 F.3d 692 (5th Cir. 2015).
- Hyundai Motor America in a patent infringement case that was tried to a jury in the Eastern District of Texas. The case involved the alleged infringement of two business method patents by Hyundai. Russ obtained a verdict of non-infringement with regard to Hyundai’s “Build Your Own” software (Plaintiff’s damage models were as high as $595 million). In Orion IP, LLC v. Hyundai Motor America, 605 F.3d 967 (Fed. Cir. 2010), the Federal Circuit held that the trial evidence demonstrating the invalidity of a second “Electronic Parts Catalog” patent was so “overwhelming” that “a reasonable jury would not have a legally sufficient evidentiary basis to find that the claims at issue were not anticipated.” The result was a complete victory for Hyundai.
- LG Electronics in litigation in the Western District of Arkansas involving a multi-state scheme by a reseller to utilize hotel chain credit cards to purchase electronic products and resell them to unsuspecting third parties.
- Samsung Electronics America, Inc. in the successful defense of national class action litigation involving the amount of memory available on MP3 players, as well as the hard disk and flash drives of various other consumer electronic products.
- Multiple Samsung entities in the successful defense of litigation in the Northern District of Texas involving claims that a memorandum of understanding constituted a valid and enforceable contract and that Samsung’s use of V-Chip technology infringed a method and apparatus patent for editing the output of a television set.
- Designetics Associates, Inc. v. HKS, Inc., Civil Action No. 3-91-697, in the United States District Court for the District of Minnesota: Served as lead counsel for HKS, one of the largest architectural firms in the country, in litigation relating to the allocation of design fees for what was to become a new 72-story headquarters building for IDS in Minneapolis, Minnesota.
Nordstrom, Inc., Denon Electronics USA, LLC, Kohl’s Department Stores, Inc., and Walgreen Co. in a patent infringement case in the Eastern District of Texas. The case concerned two business methods patents, involving a computer assisted parts sales method and an electronic proposal preparation system.
- Borden, Inc. in a $15 million breach of contract/predatory pricing claim brought in the Southern District of Texas by the largest distributor in the company’s history. Mr. Meyer secured and maintained a summary judgment for Borden. W.G. Pettigrew Distributing Co. v. Borden Inc., 976 F. Supp. 1043 (S.D. Tex 1996), aff’d, No. 97-44010 (summary calendar) (5th Cir., Sept. 8, 1997).
- Costco Wholesale Corporation in a patent case brought against in the Eastern District of Texas involving the alleged infringement by Costco’s websites of two business method patents.
- Phillips Petroleum Co. in a suit challenging a series of orders requiring Phillips to pay additional royalties on offshore natural gas production for an eleven year period. Obtained judgment on appeal reversing action of U.S. Minerals Management Service on the grounds that the “Procedure Paper” on which it based its action was a substantive rule promulgated in violation of the federal Administrative Procedure Act. Phillips Petroleum Co. v. Nick L. Kelley, et al., Civil Action No. 3:89-1707-H (N.D. Tex.), rev’d, Phillips Petroleum Co. v. Johnson, 22 F.3d 616 (5th Cir. 1994), cert den’d sub nom., Philips Petroleum Co. v. Johnson.
- One of the largest manufacturers of firearms accessories in the country in a patent infringement case brought against it in the Northern District of Texas. The plaintiff alleged that rail cover systems manufactured by the company for use on military weapons infringed its patent.
In pursuing these matters, Russ has appeared before federal trial and appellate courts throughout the United States and in the state courts of Texas.
B.A., Washington and Lee University
J.D., The University of Texas School of Law
- Member, Texas International Law Journal
District of Columbia
United States Supreme Court
United States Court of Appeals for the Federal Circuit
United States Court of Appeals for the Fifth and Eleventh Circuits
United States District Court for the Northern, Southern, Eastern and Western Districts of Texas
United States District Court for the District of Columbia
- St. George Medal presented by the National Catholic Committee on Scouting, 2004
- Langlanais Light of Scouting Award
Authored the chapter on “Class Action Litigation in the United States” that appears in Design and Manufacture of Products for Sale in the United States, published by the Globalaw Product Liability and Toxic Tort Initiative, 2006
Authored “Motions to Stay Patent Cases Pending the Completion of Reexaminations by the Patent and Trademark Office,” IP Litigation Insider (Second Quarter 2009)
Authored “Class Action Litigation in the United States,” chapter in Design and Manufacture of Products for Sale in the United States, Globalaw Product Liability and Toxic Tort Initiative (2006)
Guest lecturer in Antitrust Law & Economics at the Southern Methodist University Graduate School of Business
Guest instructor at La Trobe University in Melbourne, Australia, during the fall of 2013. Presented a course on US Intellectual Property Litigation as part of the school’s LLM in Global Business Law program
- Boy Scouts of America
- Circle Ten Council Sporting Clays Shoot Committee
- Troop 838 – Saint Rita Catholic Church, Assistant Scoutmaster
- Assisted in Formation of Cub Scout Pack 791 at J.T. Saldivar Elementary School
- Dallas Diocese Catholic Committee on Scouting
- Counselor: Ad Altare Dei and Pope Pius XII Programs
- Philmont and Northern Tier Trek Advisor
- Saint Rita Catholic Church
- Eucharistic Minister
- Assistant football coach
- Dallas Gun Club
- Board of Directors, 1992-2001
- President, 1998-1999
- Vice President, 1994-1995
- Secretary, 1997-1998
- Ducks Unlimited, Inc.
- National Trustee, 1988-1992
- Trustee Emeritus, Elected 1993
- Life Sponsor
- Texas State Chairman, 1989-1992
- Member of Texas State Council, 1987-Present
- Texas Major Donor Campaign-Chairman, 2006-2007
- Dallas Area Chairman and Dinner Chairman, 1985
- United States Army, Regular Army, 1968-1970
July 6, 2009Insights
Motions to Stay Patent Cases Pending the Completion of Reexaminations by the Patent and Trademark Office
By Russ Meyer | Notwithstanding predictions of its demise arising out of the TS Tech and In Re: Volkswagen decisions, the Eastern District of Texas continues to be a popular venue for patent infringement cases. Like motions to transfer, requests for reexamination of the patents-in-suit and motions to stay the litigation pending reexamination are also gaining popularity in the Eastern District.
July 6, 2009Newsletters
IP Litigation Insider—July 2009
Top Ten Driving Songs of East Texas; Patentable Subject Matter: U.S. Supreme Court to Review Bilski; Motions to Stay Patent Cases Pending the Completion of Reexaminations by the Patent and Trademark Office
- Law Clerk to Hon. Ben C. Connally, Chief Judge of the U.S. District Court for the Southern District of Texas, 1973-75
- State Bar of Texas Court Rules Committee, 2003-2012
- Chair, 2009-2012
- Vice-Chair, 2008-2009
- Pre-Trial Rules Subcommittee, Chair, 2005-2008
- La Trobe University, Melbourne, Australia, taught course on US Intellectual Property Litigation as part of the school’s LLM in Global Business Law program, fall of 2012
- Southern Methodist University School of Law, Adjunct Professor of Trial Advocacy, 18 years
- National Institute for Trial Advocacy, Faculty
- National Session in Boulder, Colorado, 1987
- Southern Regional in Dallas, Texas, 1987-1994
- Deposition Program in Dallas, Texas, 1991
- Third Annual Dallas Bar Association Trial Skills Course, Faculty Member, 1986
- Dallas Bar Foundation, Life Fellow