Phillip Philbin

Practices

Education and Clerkships

J.D., Baylor University School of Law, 1989

B.S., Trinity University, 1986

  • Clerk to The Honorable Reynaldo G. Garza, United States Circuit Judge for the Fifth Circuit Court of Appeals (1989-1990)

Admissions

Texas

U.S. Patent and Trademark Office

Court Admissions

United States Supreme Court

U.S. Court of Appeals for the Federal Circuit

U.S. Court of Appeals for the Fifth Circuit

Texas Supreme Court

U.S. District Court for the Eastern District of Texas

U.S. District Court for the Northern District of Texas

U.S. District Court for the Southern District of Texas

U.S. District Court for the Western District of Texas

Profile

Phillip Philbin is a partner, a member of the firm's Board of Directors, co-chair of the Intellectual Property Litigation Practice Group, and former chair in the firm's Business Litigation Section. He joined the firm in 1990 after serving as law clerk to the Hon. Reynaldo G. Garza, United States Circuit Judge for the Fifth Circuit Court of Appeals.

Practice

Mr. Philbin is a sought-after trial attorney whose practice encompasses a wide range of intellectual property matters, including patent, trademark, trade dress, copyright, trade secret and unfair competition. His portfolio of patent litigation experience is particularly noteworthy, having successfully tried numerous cases to juries and judges across the country. His more than 20 years of trial experience on both sides of the aisle have honed his ability to leverage trial strategy to his clients' greatest advantage, and he has positioned many cases for settlement prior to trial or after appeal.

Clients value Mr. Philbin for his ability to understand complex technology, as well as his courtroom skills. As a registered patent attorney, he is fluent in both the legal framework of patent law and the technical aspects of the patents he explains, and he deftly translates highly technical concepts for judges and juries. He incorporates all aspects of a client's case - technological, business, and legal objectives - to craft a cohesive strategy that works both in and out of the courtroom. As a result of this experience, he has played an integral role in a number of notable patent cases.

In addition to his busy trial schedule and leadership roles within the firm, Mr. Philbin is a frequent author and speaker on patent topics and serves as an adjunct professor at SMU Dedman School of Law, where he teaches a patent litigation class for which he helped develop the curriculum.

Selected Publications

  • "Intellectual Property Law," SMU Law Review, 2005-2011

Honors

Super Lawyers

Haynes and Boone Maintains Solid Showing on 2016 Texas Super Lawyers

Texas Super Lawyers has again recognized Haynes and Boone in its annual award listings, highlighting 61 firm lawyers, with three celebrating 10 years on the list.


Published by Thomson Reuters, September 2016

Selected Client Representations

Mr. Philbin has represented inventors, authors, and innovators as either plaintiff or defendant:

  • Established precedent for patent exhaustion by obtaining a summary judgment dismissal, with Federal Circuit affirmation, of a lawsuit alleging infringement of electronic highway toll collection patents in a case with broad implications both for the U.S. toll collection industry and downstream customers of licensed components.
  • Obtained a final, non-appealable, take-nothing judgment against Data Treasury after a multi-week jury trial in Marshall, Texas in a lawsuit involving electronic check image processing.
  • Obtained a jury verdict and judgment, including enhanced damages, attorneys fees, and a broad injunction, for the willful infringement of a patented method for surgically repairing the left ventricle of the human heart after a severe heart attack representing the inventors and their company.
  • Defended multiple technology and telecommunications clients in remote data storage claims.
  • Pursued invalidity and non-infringement claims for an ANDA supplier.
  • Pursued an enforcement campaign for patented Web site data management techniques and patented complex computer system configurators for a major computer manufacturer.
  • Successfully settled patent enforcement claims on the courthouse steps just minutes before jury selection for toy inventors.
  • Defended telephone equipment manufacturer in patent infringement action involving wireless networks for mobile phones.
  • Pursued an enforcement campaign for patents covering the electronic processing of call detail records.
  • Defended telecommunications provider in patent infringement action involving prepaid, point-of-sale activated calling cards.
  • Defended lighting manufacturer in patent and copyright infringement actions involving lamp designs.
  • Defended patent infringement claims involving chemical composition of circular saw cutting tips.
  • Defended various patent and trademark infringement cases involving treadmills, abdominal exercisers, and other exercise equipment.
  • Represented accomplished sculptor Glenna Goodacre in the copyright enforcement campaign for the Golden Dollar featuring Sacagawea.
  • Defended and prosecuted breach of contract, breach of warranty, fraud, and fraud in the inducement claims involving software licenses, development and consulting services.

Recognition

Best Lawyers

Haynes and Boone Featured in Best Lawyers in America 2017

Best Lawyers in America, an annual referral guide listing outstanding lawyers throughout the U.S., has recognized 108 Haynes and Boone lawyers across more than 50 practice areas in the 2017 edition.


Published by Woodward/White, Inc., August 2017

Newsroom

Professional and Community Activities

  • American Intellectual Property Law Association
  • College of the State Bar of Texas
  • Dallas Bar Association
  • State Bar of Texas
  • W.M. "Mac" Taylor, Jr. American Inn of Court (Barrister, 1998-2004; Master, 2004-present)
  • Barbara M. G. Lynn American Inn of Court (Founding Master, 2011-present)
  • The Institute for Law and Technology
  • Teaching- Patent Litigation, SMU School of Law, Fall 2012, adjunct professor
  • Teaching- Various CLE presentations on a myriad of patent litigation topics

Chambers

Chambers USA | Haynes and Boone, LLP

Haynes and Boone Retains Strong Showing in Chambers USA 2016 Rankings

Haynes and Boone, LLP has again been honored in the annual Chambers USA 2016 directory. The widely-respected legal publication singled out 19 firm practice groups and 51 individual lawyers for recognition.


Published by Chambers & Partners in May 2016

Professional Recognition

  • Recognized by Chambers USA, Chambers & Partners - Intellectual Property in Texas, 2010-2016.
  • Recognized as a leading patent litigator by Intellectual Asset Management (IAM) Patent 1000, Globe Business Media Group, 2012, 2014 and 2016.
  • Listed in The Best Lawyers in America, Woodward/White, Inc., for Intellectual Property Law, 2006-2017; and Litigation - Patent, 2012-2017.
  • Recognized as a Best Lawyer in Dallas for Intellectual Property by D Magazine, D Magazine Partners, 2009, 2015-2016.
  • Recognized as a Texas Super Lawyer, Thomson Reuters - Intellectual Property Litigation, 2009-2015; Business Litigation, 2015.
  • Martindale Hubbell® Law Directory with a Peer Review Rating of AV® Preeminent™

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