Main Practice Contacts

David H. Harper
+1 214.651.5247

Phillip B. Philbin
+1 214.651.5684

In the News

Haynes and Boone Advises TransData in Fifth Wireless Smart Electric Meter Patent Portfolio Licensing

DALLAS - Haynes and Boone, LLP has advised client TransData Inc., a leading manufacturer of advanced solid-state electricity meters, in its licensing agreement of wireless smart electric meter patent portfolio (the “Smart Meter Patents”) to Telensa Ltd. >>

Kyle Musgrove in Bloomberg BNA IP Law: Is Altering Patent Construction Review ‘Worth the Candle'? Stakeholders Weigh In

Oral arguments at the Supreme Court over whether the Federal Circuit should give more deference to district court's patent claim construction judgments, saw Justice Samuel A. Alito question what “practical significance” would be achieved by a change in the standard of review (200 PTD, 10/16/14). >>

Kyle Musgrove in Law360: High Court Appears Split On Claim Construction Deference

The U.S. Supreme Court appeared divided Wednesday over whether the Federal Circuit should give more deference to claim construction decisions by lower courts, with some justices saying trial judges are best suited to interpret patents and others expressing concern that increased deference would complicate patent cases. >>

Recent Publications

Supreme Court Favors Juries over Judges in Deciding Consumer Perspective Trademark Issue

The U.S. Supreme Court on Wednesday unanimously decreed that the jury, not the judge, should decide whether two trademarks used by a brand owner may be tacked (considered to impart the same impression) in a priority dispute. >>

CFAA Claims by Software Vendors for Unauthorized Access to Their Licensed Software on Their Clients’ Computers

Can a software vendor assert a Computer Fraud and Abuse Act (“CFAA,” 18 U.S.C. § 1030) claim against a third-party end-user for unauthorized access to the vendor’s licensed software operating on the vendor’s client’s computers? In other words, does the vendor have a viable CFAA claim if it does not own the accessed computers, but access nonetheless violates the terms of the vendor’s software license agreement? >>

Finally, the Post-Alice Federal Circuit Finds a Computer-Implemented Business Method Patent-Eligible

As noted in our previous client update, judicial rulings on the patent-eligibility of software and business method patents under section 101 of the U.S. Patent Act have run heavily against patent owners since Alice Corp. v. CLS Bank International, 573 U.S. ___, 134 S. Ct. 2347 (2014). >>

Federal Circuit Strikes Down Business Method Patent Based on Early-Stage Motion to Dismiss

Judicial rulings on the patent-eligibility of software and business method patents under section 101 of the U.S. Patent Act have run heavily against patent owners since the U.S. Supreme Court’s June 19, 2014 ruling in Alice Corp. v. CLS Bank International, 573 U.S. ___, 134 S. Ct. 2347 (2014). >>

Recognition for Our Litigation Practice

  • The BTI Consulting Group’s BTI Litigation Outlook 2013 recognized Haynes and Boone in three litigation areas: securities or finance related litigation, complex commercial litigation and IP litigation. The national survey of more than 350 senior in-house attorneys asked, “Which firm do you consider to be best suited to helping you” with various legal services.

Intellectual Property Litigation

No matter the forum, Haynes and Boone will protect its clients’ intellectual property from infringers and defends its clients from infringement or misappropriation claims. We have represented IP clients in federal and state courts and in the dispute-resolution forums of the U.S. Patent and Trademark Office (“USPTO”), as well as in international tribunals.

Our definition of success is to achieve client business objectives. That can mean aggressive representation at trial, strategic settlement negotiations or alternative dispute resolution that achieves competitive goals without the expense of litigation.

A Well-Rounded Team Approach

At the core of our IP litigation team are true patent lawyers who have undergraduate and graduate advanced technical degrees and are licensed to practice in the USPTO. They work closely with trial lawyers - many of whom are also licensed patent lawyers - who use their technical knowledge and advocacy skills to clearly and concisely present their client’s case to judge and jury.

Together the members of this multidisciplinary practice can leverage and enforce IP assets and rights throughout the world, representing clients as plaintiffs and defendants in controversies over:

  • Patent, trademark and copyright infringement
  • Trade secret misappropriation
  • Interferences, oppositions and re-examinations
  • Technology contracting

Solid Technical Foundation

Unlike boutique IP litigation specialists, our IP litigation group is positioned to protect clients’ intellectual property assets across a full spectrum of technologies and applications. Our lawyers have worked as patent examiners at the Patent and Trademark Office, and as engineers or in-house counsel with leading technology companies. Our trial lawyers are also technologically savvy, and can break down complex concepts for judges and juries alike.

Multinational corporations, emerging companies and established mid-sized business all depend on Haynes and Boone IP litigators to fully understand their technologies. That knowledge enables us to create an effective defense for the IP rights of any product.

Defending Rights to Trade Secrets

Disputes over non-compete agreements often pit employers against each other. We have handled litigation representing both employees’ former and new employers, and are skilled at securing and resisting temporary restraining orders (TROs) and permanent injunctions to protect employer interests in either type of case.

Our lawyers can effectively deal with trade secrets involving both hard (for example, in semiconductor fabricating equipment) and soft (such as software for processing everything from customer orders to income tax returns) technologies.

Copyright and Trademark Litigation

In addition to complex patent-infringement litigation, Haynes and Boone also regularly handles litigation involving trademark- and copyright-infringement claims. Haynes and Boone has successfully represented both plaintiffs and defendants in bench and jury trials, and before federal and state courts.

Handling Disputes at the Patent and Trademark Office

We both pursue and defend against objections to patent and trademark filings before the Trademark Trial and Appeals Board and Board of Patent Appeals and Interferences of the Patent & Trademark Office.

An effective interference action depends on investigation strengths and techniques that we have developed during many actions before the boards. Often we are able to determine that a rival claim seeks to expand and support its claims by relying on materials developed after the filing date, leading to a rejection of the opponent's claim. In other instances we can demonstrate that the claims of other parties are incomplete, or that former employees’ claims are invalidated by the terms of their employment.

Haynes and Boone has also defended and pursued many trademark opposition and cancellation proceedings before the Trademark Trial and Appeals Board.

Defending Competitive Advantage

Companies make major investments of time and money in developing patents, trademarks, and other intellectual property assets. Haynes and Boone’s IP litigators know that creating competitive advantage depends on making the risks and rewards of intellectual property development pay off for our clients. We are skilled at finding the most creative ways to help them exploit and protect their intellectual property assets and advantages.