Russ Emerson

Practices

Education and Clerkships

J.D., University of Texas at Austin School of Law, 1997, with honors; Moot Court, Mock Trial; Texas Intellectual Property Law Journal

B.S., University of Florida, 1988, with high honors

  • Judicial Intern, Texas Supreme Court Justice Nathan Hecht (1996)

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. District Court for the Northern District of Texas

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

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

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

Texas Supreme Court

Profile

Russ Emerson is a trial lawyer who has served as lead counsel in some of the most active patent-litigation courts around the country, including the Northern and Eastern Districts of Texas, the Northern District of California, and the District of Delaware. His cases have involved a wide variety of technologies, from semiconductors to lasers, medical devices to pharmaceutical products, and drilling technology to computer networking.

A former naval officer, Russ leads litigation and trial teams sized to effectively and efficiently accomplish his clients’ goals. As a registered patent lawyer with a degree in mechanical engineering and experience in nuclear engineering, Russ combines technical fluency with the ability to explain complex technology to judges and juries alike.

Russ also handles cases involving trademarks and trade dress, copyrights, theft of trade secrets, and other complex technical matters. In addition to his trial court practice, Russ has successfully argued a number of appeals before the Federal Circuit. Russ is also active at the Patent Trial and Appeal Board, having participated in more than 70 inter partes review proceedings. Before attending law school, Russ served as a division officer on board a nuclear-powered, fast-attack submarine and was certified as a Naval Nuclear Engineer by the Department of Energy's Naval Reactors Division. 

Recognition

Best Lawyers

Haynes and Boone Recognized in Best Lawyers in America 2020

Best Lawyers in America 2020 has featured more than 100 Haynes and Boone lawyers in its annual referral guide of outstanding lawyers throughout the U.S.


Published by Woodward/White, Inc. in August 2019

Intellectual Property

Emerson_Sivinski

Haynes and Boone Wins IP Verdict for Korean Client in EDTX

A Haynes and Boone team led by Partner Russ Emerson and Associate Stephanie Sivinski won a rare defense victory in an intellectual-property trial in the Eastern District of Texas.

Chambers

Chambers USA Recognizes 55 Haynes and Boone Lawyers

More than 50 Haynes and Boone lawyers spanning 18 practice areas are featured in the 2019 edition of the Chambers USA legal directory published by Chambers & Partners.

Honors

Super Lawyers

Texas Super Lawyers Features 50 Haynes and Boone Lawyers

Texas Super Lawyers recognized 50 Haynes and Boone lawyers in the 2019 edition of the annual directory published by Thomson Reuters.

Professional Recognition

  • Recognized in The Best Lawyers in America, Woodward/White, Inc., for Litigation - Intellectual Property Law, 2011-2020, and Litigation - Patent, 2012-2020
  • Recognized as a "Legal Lion" by Law360 for a defense victory in an intellectual property trial in the Eastern District of Texas, 2019
  • Recognized as a "2016 Lawyer of the Year" by Best Lawyers, Woodward/White, Inc., in Litigation - Intellectual Property, 2016
  • Martindale Hubbell client review rated 5.0 out of 5 Preeminent, 2010
  • Recognized by Chambers USA, Chambers and Partners, as a leading lawyer in Intellectual Property in Texas, 2010-2018
  • Named in Texas Super Lawyers, Thomson Reuters, in Intellectual Property Litigation and Business Litigation, 2012-2019
  • Named in Texas Super Lawyer Rising Stars, Thomson Reuters, in Intellectual Property Litigation, 2005 and 2007

Selected Client Representations

  • Won defense verdict for Korean manufacturer and its founder (E.D. Tex.). After deliberating less than two hours, the jury returned a verdict of no-infringement, no tortious interference, and no conspiracy. The plaintiffs sought over $100 million in actual and punitive damages but were awarded only $622 thousand on a single contract claim. The jury also awarded the founder $1.36 million—every penny sought—on his breach-of-contract claim.
  • Won jury verdict—including invalidity of an asserted patent—as lead trial counsel for maker of WAN-optimization products (E.D. Tex.). Simultaneously led IPR team that invalidated several patents-in-suit, which decisions were affirmed at the Federal Circuit. Ultimately settled world-wide litigation campaign—including cases in the federal and patent courts of Germany and in the Northern District of California—on favorable terms.
  • Won summary judgment of noninfringement for oil-and-gas operating company in case relating to horizontal drilling techniques (E.D. Tex.).
  • Won summary judgment of noninfringement for the nation’s leading provider of parking ticket management systems in case involving electronic handheld ticket-issuing devices (E.D. Tex.). Successfully appealed denial of attorneys’ fees to the Federal Circuit.
  • Defended start-up against claims of patent infringement, trade-secret misappropriation, and trademark infringement in case relating to laser technology (N.D. Texas).
  • Won summary judgment of noninfringement for a leading provider of electronic-tolling technologies (N.D. Tex.). Successfully defended judgment on appeal to the Federal Circuit.
  • Defended oil-and-gas operating company in patent-infringement case relating to multi-pad horizontal drilling. Case settled for no payment (E.D. Tex.).
  • Won jury verdict as lead trial counsel for patent owner in validity-only trial involving CMOS image sensors (D. Del.).
  • Successfully represented defendants - national marketing services and event demonstrations providers - in a patent-infringement lawsuit involving method patents directed at clients’ key services. Litigation settled on favorable terms (C.D. Cal.).
  • 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 (N.D. Tex.).
  • 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 (E.D. Tex.).
  • Won summary judgment of non-infringement for Prodigy and SBC Internet Services in case involving dial-up internet-access technology (E.D. Tex.).
  • Won summary judgment of invalidity in case relating to air-conditioning technology (E.D. Texas). Successfully defended judgment on appeal to Federal Circuit.
  • Won judgment on the pleadings of non-infringement for Southwestern Bell Communications Services, Inc. in case relating to devices for installing fiber-optic cable. Case settled favorably for remaining SBC defendants (D. Del.).
  • Won summary judgment of no infringement in copyright-infringement case involving photographs.

Media Mentions

Below are links to recent articles about the U.S. Patent Trial and Appeal Board (PTAB), featuring Haynes and Boone lawyers:

Law360 subscription required

Selected Publications and Speeches

  • “Recent Developments in Patent Venue,” speaker, 15th Annual State Bar of Texas Advanced Patent Litigation Course, July 2019.
  • “Evolving with Litigation Trends,” panelist, IP Defense Summit, Seattle, WA, October 2018.
  • “Being a Witness and Avoiding Being a Witness: Testifying at Deposition or at Trial,” panel moderator, 14th Annual State Bar of Texas Advanced Patent Litigation Course, July 2018.
  • “Ethical Issues in Patent Litigation: Navigating the Evolving Standards,” panel moderator, AIPLA Electronic and Computer Law Summit, June 2018.
  • “Impact of Lexmark v. Impression Products,” speaker, 13th Annual State Bar of Texas Advanced Patent Litigation Course, July 2017.
  • “Trade Secrets/Cyber Security/Design Patents/FRAND Licensing,” module moderator, 54th Annual Conference on Intellectual Property Law, Center for American and International Law, November 2016.
  • “Patent Litigation Update,” moderator, AIPLA Annual Meeting, October 2016.
  • “Patent Exhaustion: Past, Present, and Future,” speaker, 12th Annual State Bar of Texas Advanced Patent Litigation Course, July 2016.
  • "Alice in Wonderland: Amending Section 101 To Get Out of the Rabbit Hole," speaker, Dallas Bar Association IP Section, February 2016.
  • "Back To the Future: A Return To Pre-1952 Law of ‘Inventiveness,’" speaker, Center for American and International Law IP Conference, November 2015.
  • "One Year in Wonderland: Dispositive Motions Post-Alice," speaker, 11th Annual State Bar of Texas Advanced Patent Litigation Course, July 2015.
  • "Before and After Octane Fitness: A Case Study," speaker, 10th Annual State Bar of Texas Advanced Patent Litigation Course, July 2014.
  • "Joint/Divided Infringement: Past, Present, & Future," speaker, 17th Annual University of Texas Advanced Patent Law Institute, November 2012.
  • "A Strategic Approach to Post-Judgment Remedies: Identifying Factors Influencing Ongoing Royalties," speaker, HarrisMartin's Intellectual Property Law Conference, June 2012.
  • "Not Done Yet: Post-Trial Remedies After E-Bay," speaker, 2012 AIPLA Spring Meeting.
  • "IP Litigation in the United States," panelist, TechLaw Fall Conference, Pittsburgh, PA, November 2011.
  • "Entire Market Value Rule: Recent Cases on Reasonable-Royalty Damages," author, The Licensing Journal, Vol. 30, No. 1, January 2010 and IP Litigator, Vol. 16, No. 1 January/February 2010.

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