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Experience

Max focuses his practice on complex intellectual property litigation in the areas of patents, trademarks, trade dress, product configuration, copyrights, trade secrets, unfair competition, and antitrust. He also assists clients with licensing, non-infringement and invalidity opinions, and a variety of complex United States Patent Office proceedings. Max counsels both mature and start-up companies on identifying, developing, and leveraging the value of their technology and other intellectual property assets. His expertise includes a wide variety of technologies and geographical areas (both in the U.S. and around the world).

He has been recognized by numerous publications, including The Best Lawyers in America® by Woodward/White Inc. (2008-present), Texas Super Lawyers® by Thomson Reuters (2007, 2011-2015), and IAM Patent 1000 (2012-2016), which praises Max for “analyzing situations carefully to determine whether there is a creative way of resolving them quickly, and for the least amount of outside counsel spend” and notes he is a “creative and astute practitioner who never takes his eye off the ball.”

World Trademark Review 1000 (2018) describes Max as “patient, understanding and passionate,” noting that “in any challenging IP matter, you can be confident that he will do whatever it takes to ensure you are in the best position.”

Representative Matters

  • Represented multinational companies in offensive and defensive patent infringement litigation throughout the country, both in district courts and the ITC
  • Represented small company in enforcing patent portfolio against industry leaders
  • Obtained jury verdict of invalidity on four patents in Eastern District of Texas in case where plaintiff was seeking over $100M
  • Spearheaded first early claim construction and summary judgment procedure in the Eastern District of Texas, resulting in summary judgment of non-infringement for 99 defendants
  • Obtained judgment as a matter of law for the defendant in the middle of a patent jury trial in the Eastern District of Texas
  • Obtained multiple take-nothing judgments for defendants in the Eastern District of Texas
  • Represented defendants in trademark and trade dress lawsuits involving trademarks, product configurations, colors, and sound trademarks
  • Assisted clients in structuring equity deals with high-tech clients
  • Assisted clients in preparing their patent portfolios for enforcement against competitors and the industry
  • Assisted small and large companies in licensing negotiations
  • Significant litigation and counseling in the following technologies: semiconductors, wireless and telecom, computers and peripherals, internet, oil and gas, video processing, optics, fiber optics, automotive, medical devices, and exercise and sports equipment, among others

Honors & Affiliations

Distinctions/Honors

  • Chambers USA by Chambers and Partners (Intellectual Property), 2018-2019
  • The Best Lawyers in America® by Woodward/White Inc. (Copyright Law, Intellectual Property Law, Litigation-Intellectual Property, Litigation-Patent, Patent Law), 2008-2020
  • Texas Super Lawyers® by Thomson Reuters (Intellectual Property Litigation), 2007, 2011-2019
  • World Trademark Review 1000 – Bronze ranking, 2018-2019
  • Top 100 Dallas/Fort Worth Region, Texas Super Lawyers® by Thomson Reuters, 2013
  • Best Lawyers in Dallas (Intellectual Property), D Magazine, 2016-2019
  • The World’s Leading Patent Practitioners, IAM Patent 1000, 2012-2017
  • IP Stars, 2015-2016
  • Texas Rising Stars® by Thomson Reuters (Intellectual Property Litigation), 2005
  • Who’s Who Legal: Patents by Law Business Research Limited, 2016-2018

Memberships/Affiliations

  • Member, Dallas Bar Association
  • Member, American Intellectual Property Law Association (AIPLA)
  • Member, International Trademark Association (INTA)

Education & Admissions

Education

  • J.D., 1993, Texas Tech University School of Law
  • B.S., 1990, with honors, The University of Texas at Austin

Admissions

  • Texas
  • United States Patent and Trademark Office

Languages

  • Italian
  • Spanish