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Brett Johnson
Partner
A gifted storyteller, Brett excels at handling high-risk, complex matters for his clients. His practice emphasizes all aspects of complex commercial and intellectual property litigation, including patent, trademark, trade secret, and unfair competition.
Key Matters
Some of the experience represented below may have been handled at a previous firm.
Intellectual Property/Trade Secrets
- Representing major auto manufacturer in patent litigation involving VOIP technologies (E.D. Tex. 2022)
- Ericsson, et al. v. Apple. (E.D. Tex. 2022)—Representing Ericsson in a SEP and implementation patent suit against Apple related to wireless communications technology.
- Defending Austin-based private equity portfolio company in patent litigation concerning network security (W.D. Tex. 2021)
- Hardin v. LG (E.D. Tex. 2021)—Representing plaintiff inventors in patent suit against LG involving geofencing technologies
- Hardin v. Samsung (E.D. Tex. 2021)—Representing plaintiff inventors in patent suit involving geofencing technologies
- Representing VMware in multi-patent series of cases (W.D. Tex. 2021)
- Ericsson, et al. v. Samsung, et al. (E.D. Tex. 2021)—Representing Ericsson in a SEP and implementation patent suit against Samsung related to wireless communications technology.
- Defending a major financial institution in a series of check-processing patent litigations brought by USAA (E.D. Tex. 2019 and 2020)
- Captivate LLC v. Waitt Consulting LLC, et al. (D. Neb. 2018)—Representing Captivate LLC in a patent infringement suit against Waitt Consulting.
- Ericsson, et al. v. LG, et al. (E.D. Tex. 2018)—Representing Ericsson in a FRAND patent suit against LG related to licensing LG’s patent portfolio of 2G, 3G, and 4G LTE wireless technology.
- Defending a major financial institution against a patent infringement suit in the Northern District of Texas.
- Tech Pharmacy Services v. Alixa Rx, et al. (E.D. Tex. 2017)—Represented Fillmore Capital Partners, LLC, Fillmore Strategic Investors, LLC, Fillmore Strategic Management, LLC, Golden Gate National Senior Care, LLC and AlixaRx, LLC in a trade secret and patent litigation matter brought by Tech Pharmacy Services. Following a month-long trial, a jury rendered its verdict in less than a day, finding against the plaintiff on its claims for trade secret misappropriation, fraud, and patent infringement of four patents.
- T-Rex Property AB v. National CineMedia, LLC and T-Rex Property AB v. Carmike Cinemas, Inc. (E. D. Tex. 2016–Present)—Defended National CineMedia in a patent infringement suit involving multiple patents for controlling and coordinating electronic displays.
- Kingspan Insulated Panels, Inc. v. Centria, Inc., et al. (E.D. Mich. 2015–Present)—Defending Centria and its affiliated entities against patent infringement and tortious interference allegations related to wall systems for a large-scale construction project.
- Kaavo Inc. v. Tier 3 et al. (D. Del. 2014)—Defended Tier 3, Savvis Communications Corporation, and Appfog Inc., three subsidiaries of CenturyLink, in two patent infringement suits involving two different patents related to cloud computing. Argued the joint defense in a hearing with Amazon.com. Both cases on behalf of Tier 3, Savvis Communications Corporation, and Appfog, Inc. were successfully settled.
- Tekelec v. Performance Technologies, Inc. (E.D. N.C. 2011)—Defended Performance Technologies in six-patent case involving SS7 and other signaling technologies.
- Touchcom Technologies Inc v. Dresser, Inc. (E.D. Tex. 2005)—Obtained summary judgment of invalidity for Dresser in patent infringement suit alleging infringement across all primary products sold in the United States with damages alleged to exceed US$30 million. Case subsequently favorably resolved in lieu of appeal.
- American Building Control Inc. v. Robotics Technologies Inc. (N.D. Tex. 2003)—Represented Robotics Technologies Inc. in a patent infringement case.
- Nokia, Inc. v. Buca (N.D. Tex. 2002)—Obtained favorable settlement for Nokia, Inc. in a patent infringement case.
- Alcatel USA, Inc v. Tekelec, Inc. (E.D. Tex. 2001)—Obtained a favorable settlement for Alcatel USA, Inc. in a patent infringement case involving telecommunications technology.
- Lucent Technologies, Inc. v. Power One, Inc., et al. (Travis Co. Tex. 2001)—Obtained a favorable settlement for Power One, Inc. in a trade secret misappropriations case.
- Chorum Technologies, Inc. v. Oplink Communications, Inc.(N.D. Tex. 2001)—Obtained a favorable settlement for Oplink Communications, Inc. in a patent infringement case involving fiber optic technology.
Complex Commercial Litigation
- Canadian Private Equity Fund (TX Travis County District, 2024)—Achieved dismissal in case alleging breaches of representations and warranties in an asset purchase agreement with the plaintiff seeking more than US$19M in damages.
- Automotive Product Liability Suit (2022)—Representing a global automotive manufacturer in a product liability suit pending in the Eastern District of Texas.
- S. ex rel Hernandez v. Team Health LLC et al (E.D. Tex. 2020–21)—Defended one of the largest emergency room staffing companies in the US in defending claims under the federal False Claims Act
- Perry, et al. v. Excentus Corp., et al. (Dallas Co. Tex. 2017)—Defended Excentus from a hostile takeover of its Board of Directors by obtaining an injunction preventing the expansion of the Board of Directors. Decision affirmed by the Texas Court of Appeals.
- S. et al v. Ocwen Loan Servicing LLC (E.D. Tex. 2016)—Represented relators and obtained a successful settlement in a US$100 million-plus False Claims Act case.
- Hillwood Center Partners, L.P. v. Radical Cuban LLC, et al. (Dallas Co. Tex.; American Arbitration Association 2010)—Obtained an award in favor of Mark Cuban and Dallas Mavericks entities, including an award of fees in their favor on claims brought by Hillwood Center Partners, L.P/Ross Perot, Jr. regarding the alleged breach of contract and breach of fiduciary duty in the alleged wrongful diversion of certain profits of American Airlines Center to the Dallas Mavericks basketball operations.
- Terry S. Casey, et al v. Harold C. Simmons, et al. (Dallas Co. Tex.; American Arbitration Association 2010)—Obtained plaintiffs’ jury verdict in excess of US$100 million and a favorable post-trial settlement for clients, Marcus Martin and Highland Environmental Management, LLC, in a case regarding claims of breach of fiduciary duty, fraud, conspiracy, aiding and abetting, negligent misrepresentation, gross negligence, negligence, and tortious interference.
- American Airlines, Inc. v. Sabre Inc. (American Arbitration Association 2010)—Defended Sabre Inc., in a US$30 million claim. Obtained an award in favor of client, Sabre Inc., in a case brought by American Airlines regarding the alleged breach of contract and various business torts surrounding transfer of data processing charges for certain software functionality.
- Amalgamated Gadget, L.P. and NYC 999, L.L.C. v. Cornelius Mack and John Bianchi (N.D. Tex. 2003)—Represented Amalgamated Gadget, L.P. and NYC 999, L.L.C. in securities fraud action involving laundering of securities to avoid insider trading rules.
- North Dallas Enviroscape, Inc v. Rainforest Creations, Inc., et al. (E.D. Tex. 2002)—Represented North Dallas Enviroscape, Inc. As co-lead trial counsel, obtained US$4.7 million verdict in client’s favor in false advertising and misappropriation of business method case.
- Universal Image, Inc. v. Cuban, et al. (Dallas Co. Tex. 2000)—Represented Yahoo!, Inc. and Broadcast.com, Inc. in a commercial dispute regarding internet content provider.
- Schiller and Greggory v. Yahoo!, Inc., et al. and Stewart v. Yahoo!, Inc., et al.(E.D. Tex. 2000 and Dallas Co. Tex. 2000)—Representing Yahoo!, Inc. and Broadcast.com, Inc. in an internet privacy class actions.
[Brett] handles the most complex and high stakes disputes with a deft touch and knows how to connect with a jury to pull in a verdict in his favour.
IAM Patent 1000