Another Knock-Out!


Marshall, Texas has a reputation as a tough place for defendants accused of patent infringement. But the Barnes & Roberts team is helping to change this reputation – one fight at a time. On Friday, September 23rd, a Marshall jury returned a knock-out victory of non-infringement for handset seller, HTC America. Additionally, the jury found by clear and convincing evidence that the claims asserted by Mobile Telecommunications Technologies (MTel) were invalid.

Congratulations for the victory belong to our clients Jerry Selinger, Susan Powley and Trampas Kurth, of the patent powerhouse Patterson + Sheridan in Dallas.

Do Trial Consultants Spell the End of Justice?

Walk the plank
LOL. No.

But this is the idea put forth by Adam Benforado in the November 2015 issue of The Jury Expert (as well as in his book and other articles).

Professor Benforado cavalierly maligns the individual and collective character of members of our profession. For support, he cites a flippant comment from an unnamed Twitter follower. In the face of his call for “evidence-based justice,” this attack, which is wholly lacking in both evidence and justice, drips with irony. The remainder of his article stands on equally shaky ground, full of opinion but shockingly light on empirical evidence and, from what we can deduce, based on a fundamental misapprehension of actual trial practice.

Read more of our response here.

Genband Wins $8.2 Million Patent Verdict Against Metaswitch

Genband Patents

An East Texas jury found that Metaswitch infringed seven of Genband’s patents related to VoIP, and awarded Genband $8.2 Million in damages. The court had previously ruled that the patents met the Section 101 requirements for patentability as defined in the Supreme Court’s Alice decision. Tracy and Stephanie represented Barnes & Roberts on the trial team in Marshall, and are proud of the work the team from Baker Botts did to win such a positive result.

  • Jury Hands Genband $8.2M Patent Win Against Metaswitch (Law 360)
  • Jury Finds Metaswitch Infringes 7 GENBAND Voice-Over-IP Patents (Bloomberg)
  • Texas Magistrate Says Firewall IP Should Survive Alice (Law 360)

Jason Barnes To Teach Trial Presentation

Jason Barnes, Ted Brooks and Robb Helt

I will be joining Robb Helt and Ted Brooks to teach a 2-day seminar in trial presentation on February 18 and 19, 2016 in Dallas, Texas. We will cover 16 topics:

  1. Disaster Prevention and Recovery
  2. Graphic Design for Trial
  3. Data Management
  4. Database Development and Management
  5. Trial Presentation – The Hotseat
  6. Business Development
  7. Business Ethics
  8. Marketing and Promotion
  9. Qualities of Successful Trial Presentation Consultants (Panel Discussion?)
  10. Cool Tools for Litigation
  11. Live Demonstrations
  12. PowerPoint in Trial
  13. Local Rules and Practices
  14. Principles of Information Design
  15. Setting up a switching and distribution system that works
  16. Telling a story with timelines

Lessons will be geared for novice and experienced trial techs, alike. Participation will be limited to 30 attendees with a fee of $650 per person, so reserve your spot now. Please, message me if you are interested and I will send you more details.