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Experience

Phillip Philbin focuses his practice on a wide range of intellectual property matters, including patent, trademark, trade dress, copyright, trade secrets, 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 Phillip for his ability to understand complex technology and persuasively communicate using 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, Phillip 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.

Representative Matters

Representation of inventors, authors, and innovators as either plaintiff or defendant:

  • Obtained a record-setting verdict for ZeniMax Media and id Software in a high profile virtual reality case against Facebook and Oculus after a three-week jury trial
  • 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
  • Represented the inventors and their company in obtaining a jury verdict and judgment, including enhanced damages, attorney’s 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
  • 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 website 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 a 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 a telecommunications provider in patent infringement action involving prepaid, point-of-sale activated calling cards
  • Defended a 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

Prior Employment

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

Honors & Affiliations

Distinctions/Honors

  • The Best Lawyers in America® by Woodward/White Inc. (Intellectual Property; Litigation), 2006-2020
  • Chambers USA by Chambers and Partners (Intellectual Property), 2010-2020
  • The World’s Leading Patent Practitioners, IAM Patent 1000, 2012, 2014, 2016, 2018-2019
  • IP Star, Managing Intellectual Property Magazine, Euromoney Institutional Investor PLC, 2019
  • Best Lawyers in Dallas (Intellectual Property), D Magazine, 2009, 2015-2016
  • Best Lawyers in Dallas Under 40, D Magazine, 2002
  • Texas Super Lawyers® by Thomson Reuters (Intellectual Property Litigation; Business Litigation), 2009-2019
  • AV Preeminent™ Rating by Martindale Hubbell, 2020

Memberships/Affiliations

  • Member, American Intellectual Property Law Association
  • Member, College of the State Bar of Texas
  • Member, Dallas Bar Association
  • Member, State Bar of Texas
  • M. “Mac” Taylor, Jr. American Inn of Court; Barrister, 1998-2004; Master, 2004-present
  • Founding Master, Barbara M. G. Lynn American Inn of Court, 2011-present
  • The Institute for Law and Technology
  • Adjunct Professor, Patent Litigation, SMU School of Law, Fall 2012

Education & Admissions

Education

  • J.D., 1989, Baylor Law School
  • B.S., 1986, Trinity University

Admissions

  • Texas
  • U.S. Patent and Trademark Office
  • U.S. Supreme Ct.
  • U.S. Ct. of App., Federal Circuit
  • U.S. Ct. of App., Fifth Circuit
  • Texas Supreme Ct.
  • U.S. Dist. Ct., E. Dist. Texas
  • U.S. Dist. Ct., N. Dist. Texas
  • U.S. Dist. Ct., E. Dist. Texas
  • U.S. Dist. Ct., W. Dist. Texas