Intellectual Property Litigation

Jackson Walker’s Intellectual Property Litigation group is a powerful and experienced team of IP attorneys and trial lawyers who combine proven successful trial strategies, skillful advocacy, and appropriate staffing. We approach every case with the recognition that it may very well be tried before a jury, and we prepare accordingly. We are no strangers to, and in fact relish, the courtroom.

We have enforced and defended all types of intellectual property matters in federal and state courts across the United States, from California to Delaware, and from Illinois to Texas. Among other jurisdictions, we have significant patent litigation experience in federal civil courts of the Eastern District of Texas, one of the country’s premier forums for patent disputes. We have successfully represented numerous clients, including Fortune 500 companies, in litigation:

  • involving patents, trademarks, copyrights, trade dress, trade secrets, and domain names
  • in arbitrations and alternative dispute forums
  • in proceedings before the International Trade Commission, the 5th Circuit Court of Appeals, the Federal Circuit Court of Appeals, the Trademark Trial & Appeal Board, and the U.S. Supreme Court
  • in proceedings conducted pursuant to ICANN’s Uniform Dispute Resolution Policy

Clients confronted with disputes involving their patents, trademarks, service marks, trade dress, trade secrets, copyrights, or other intellectual property assets can rely on our experienced litigators to aggressively represent their interests in matters extending from infringement claims to unfair competition to disputes over commercial licensing agreements. We assist our clients in all stages of intellectual property conflicts and resolution of the conflict, from pre-litigation analysis and communications through final verdict and, if necessary, appeal.

We regularly represent Fortune 500 companies in infringement lawsuits involving intellectual property. Our experience includes successful appeals to the Fifth Circuit Court of Appeals, the Federal Circuit Court of Appeals, the Trademark Trial & Appeal Board, and the U.S. Supreme Court. Our IP trial lawyers have also enforced and defended our clients’ intellectual property rights in arbitrations, alternative dispute forums, and proceedings before the International Trade Commission and the Patent Trial and Appeal Board.

We actively monitor the use of our clients’ intellectual property, and we can act quickly to enforce these various rights against infringers through the effective use of temporary restraining orders and preliminary injunctions. With vast experience in both prosecuting and defending litigation cases involving patents, trademarks, and copyrights, we succeed in recovering damages and quickly obtaining injunctions for our clients. Often times, our commercial litigation experience allows us to resolve licensing and contract disputes quickly and efficiently.

Representative Matters Include:

  • In the Matter of Certain Noise Cancelling Headphones, U.S. Int’l Trade Comm’n (2008). Represented Phitek Systems, Ltd., Creative Labs, Logitech, and GN US in this investigation initiated by Bose against six different companies alleging that the respondents infringed two Bose patents dealing with headphone acoustic design for noise-canceling headphones.
  • NextCard, LLC v. American Express Company, Discovery Financial Services LLC, HSBC North America Holdings Inc., HSBC USA, Inc., and The PNC Financial Services Group, Inc., E.D. Tex. [Marshall] (2007). Defended HSBC North America Holdings Inc. and HSBC USA Inc. in a patent infringement case related to online chat help and online credit card applications.
  • James Martinez v. Samuel Timothy McGraw, et al., S.D. Tex. (2007-08). Represented the defendants, singer Tim McGraw, his record label, producers, and writers of the song “Everywhere,” in this action alleging copyright infringement. The suit was filed in Corpus Christi federal court. Following extensive briefing on Jackson Walker’s motion to transfer, the Court ordered the plaintiff’s lawsuit transferred to the federal court in Nashville.
  • Anheuser-Busch v. Pabst Brewing Company, TTAB (2007-pending). Jackson Walker was hired to prosecute a Pabst trademark application for “Pure Texan Beer.” After overcoming an examiner’s rejection that the mark is merely descriptive, the application was published for opposition. Anheuser-Busch has filed an opposition on the grounds that the words are only descriptive and that Anheuser-Busch wants to maintain an option to use the same or similar mark for its beer products. Discovery is ongoing.
  • Datatreasury Corp. v. Wells Fargo & Co., et al., E.D. Tex. [Marshall] (2006-pending). Represented defendants HSBC North American Holdings and HSBC Bank USA, N.A. in a patent infringement case related to the electronic imaging and transmission of financial transaction documents.
  • Sanitec Industries, Inc. v. Micro-Waste Corp., S.D. Tex. (2004-07), aff’d (Fed. Cir. 2008). In a trial on the merits, Jackson Walker successfully defended Micro-Waste Corporation against willful infringement claims involving a patent related to medical waste disinfection utilizing microwave technology. Plaintiff appealed, and the Federal Circuit affirmed judgment in favor of Jackson Walker’s client.
  • The Procter & Gamble Company, et al. v. Amway Corp., et al., SD. Tex. (2004). Defended Amway Corporation in a case involving a rumor about Procter & Gamble, including claims under the Lanham Act. After a two-week jury trial, the Court granted judgment as a matter of law and summary judgment for Amway. Dismissal of Amway was affirmed after two appeals to the Fifth Circuit Court of Appeals. 242 F.3d 539; 376 F.3d 496.
  • Comarco Wireless Technologies v. Mobility Electronics, D. Ariz. (2001-03). Represented Mobility Electronics in patent infringement suit. After an evidentiary hearing, the Court gave credence to Mobility’s invalidity defense and denied Comarco’s request for injunctive relief, the lawsuit immediately settled. Denial of injunction allowed Mobility’s flagship product to remain on the market.

Stacy Allen

Stacy Allen

Partner, Austin
512.236.2090

William R. Borchers

William R. Borchers

Partner, San Antonio
210.978.7723

Amanda L. Bush

Amanda L. Bush

Of Counsel, Austin
512.236.2015

Carl C. Butzer

Carl C. Butzer

Partner, Dallas
214.953.5902

Katie Carmona

Katie Carmona

Senior Counsel, Austin
512.236.2262

John K. Edwards

John K. Edwards

Partner, Houston
713.752.4319

Tori Emery

Tori Emery

Associate, Houston
713.752.4428

Marc Fuller

Marc Fuller

Partner, Dallas
214.953.5793

Sean F. Gallagher

Sean F. Gallagher

Associate, Austin
512.236.2014

Joel R. Glover

Joel R. Glover

Partner, Houston
713.752.4226

Harris Huguenard

Harris Huguenard

Associate, Houston
713.752.4247

Mark H. Miller

Mark H. Miller

Partner, San Antonio
210.978.7751

David C. Myers

David C. Myers

Partner, Dallas
214.953.6036

Brit Nelson

Brit Nelson

Partner, Houston
713.752.4419

William Nilsson

William Nilsson

Associate, Dallas
214.953.5918

Wasif Qureshi

Wasif Qureshi

Partner, Houston
713.752.4521

Melissa Ruiz

Melissa Ruiz

Associate, Austin
512.236.2301

Dan Smith

Dan Smith

Partner, Dallas
214-953-6140

Paul C. Watler

Paul C. Watler

Partner, Dallas
214.953.6069

Cline H. White

Cline H. White

Senior Counsel, San Antonio
210.978.7783

Nate St Clair

March 1, 2024
Attorney News

Nate St. Clair Shortlisted for Managing IP’s Texas Litigator of the Year Award

Dallas partner Nate St. Clair has been named one of just six attorneys shortlisted for the Litigator of the Year – Texas award by Managing IP, a global resource for intellectual property news and analysis. The winners will be announced at the Managing IP Americas Awards Ceremony in New York City on April 25, 2024.

2024 Top Texas Women Super Lawyers

January 11, 2024
Attorney News

Super Lawyers Names 31 Jackson Walker Attorneys in Texas Top Women 2024 Magazine

Jackson Walker congratulates the 31 attorneys who were included in the Texas Top Women 2024 Magazine published by Thomson Reuters’ Super Lawyers. The annual Texas Top Texas Women edition includes the highest-rated women attorneys across the “Texas Rising Stars” and “Texas Super Lawyers” lists in a given practice area.

August 21, 2023
Speaking Engagements

Emilio Nicolas and Chandler Stephens to Present on Digital Millennium Copyright Act at Dallas Bar Association August CLE

Emilio Nicolas and Chandler Stephens are scheduled to present “An Introduction to the Digital Millennium Copyright Act: What IP Practitioners Need to Know,” a Dallas Bar Association CLE program that discusses how key considerations in the DMCA address impact copyright litigation in the digital age.

Brit Nelson and Wasif Qureshi

July 28, 2023
Attorney News

‘Managing IP’ Recognizes Brit Nelson, Wasif Qureshi, and Jackson Walker’s Patent Prosecution Team in 2023 Edition

Managing IP has recognized Brit Nelson and Wasif Qureshi as 2023 Patent Stars in Texas and on the national level, and has also named Jackson Walker as a recommended law firm in Texas for patent prosecution.

Dan Smith

July 6, 2023
Attorney News

Dan Smith Joins Jackson Walker’s Intellectual Property Practice

Dan Smith joins Jackson Walker’s Dallas office as a partner in the Intellectual Property practice. He focuses on post-grant proceedings before the Patent Trial and Appeal Board (PTAB), such as inter partes reviews, and has successfully represented clients in more than 130 PTAB trials to date.

Arthur Gollwitzer with Jackson Walker logo

April 17, 2023
Insights

Don’t Use My Trademarks in Your NFTs! The Hermes v. Rothschild Verdict | The Federalist Society

By Arthur Gollwitzer | On February 8, 2023, a jury in the Southern District of New York returned a verdict in favor of Hermes, finding NFTs linked to digital images depicting Hermes’ famous “Birkin” handbags infringe Hermes’ trademark rights. This appears to be the first trial focused on the interplay between NFTs—or non-fungible tokens—and trademark law.

Chris Rourk with Jackson Walker logo

January 19, 2023
Mentions

Patents Are for the Weak? | Asia IP Magazine

For Jackson Walker partner Christopher Rourk, patents are, to a certain extent, for the weak. The reason for this is that small firms and individual inventors are inherently weaker than companies that are larger and better-positioned capital-wise.

“Small companies and individual inventors can develop important innovations that can be easily copied by larger, well-capitalized companies and should rely on patents to increase their leverage in the highly-competitive commercial marketplace,” he noted.

October 7, 2022
Attorney News

Jackson Walker Congratulates 36 Attorneys Named Among the Lawdragon 500 Leading Litigators in America

Jackson Walker announces the selection of 36 attorneys to Lawdragon’s inaugural list of the 500 leading litigators in America.

Arthur Gollwitzer with Jackson Walker logo

July 28, 2022
Mentions

Patent Lawyers: WDTX Waco Order Unfair, Misguided and Hypocritical | The Texas Lawbook

In a Texas Lawbook article discussing an order to “equitably distribute” all future patent cases filed in the Waco Division, Jackson Walker partner Arthur Gollwitzer shared insight as a former federal prosecutor and a current patent litigation attorney.

“Patent owners chose the Waco Division because Judge Albright embraces patent cases, capably manages his docket, has a long history of working in patent law and his standing orders and procedures provided a great deal of predictability for both plaintiffs and defendants,” Art noted.

Brit Nelson and Wasif Qureshi

May 10, 2022
Attorney News

‘Managing IP’ Recognizes Brit Nelson and Wasif Qureshi as IP Stars for Texas

Jackson Walker is pleased to announce that Managing IP has selected Houston partners Brit Nelson and Wasif Qureshi as 2022 Patent Stars in Texas.


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