John H. Barr Jr.

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John Barr

HOUSTON
T: +1 713 276 7369
F: +1 713 751 3290

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John Barr focuses his practice on intellectual property, energy, and business litigation. Mr. Barr has particular skill in disputes involving patent infringement, ANDA litigation, misappropriation of trade secrets, and copyright and trademark infringement.

As a native of Tyler, Texas, Mr. Barr understands litigation in the Eastern District of Texas. His background and experience in Tyler, Texarkana and Marshall has prepared him for patent trials in the Eastern District of Texas.  Mr. Barr has been lead counsel in more than 20 separate patent suits in the Eastern District of Texas, including three patent trials in the last four years.

In addition to intellectual property matters, Mr. Barr represents energy clients in environmental matters such as claims related to oil and gas development, particularly hydraulic fracturing. In business litigation, he has represented clients over the last two decades in a variety of disputes including breach of contract, fraud and tort claims in state and federal courts. He also represents clients in domestic and international arbitrations in these areas of law, and has briefed and argued appeals in a number of state and federal appellate courts, including the U.S. Courts of Appeals for the 5th and Federal Circuits, and state appellate courts in Texas and in Pennsylvania.

Representative Experience

  • Actus, LLC v. Discover Financial Services, et al., 2:10-CV-177 in the U.S. District Court for the Eastern District of Texas - Marshall Division. Lead counsel for patent litigation resulting in favorable settlement regarding patents related to online gaming activity and website functionality.

  • AdjustaCam LLC v. Amazon.com, Inc., et al., in the U.S. District Court for the Eastern District of Texas - Tyler Division. Lead Counsel for Sears Brands, LLC; Sears, Roebuck and Company; Sears Holdings Corporation d/b/a Sears; Kmart Corporation; and Overstock.com, Inc. in a patent infringement suit related to web cameras (U.S. Patent No. 5,855,343).

  • Advanced Production and Loading, Inc. v. Single Buoy Moorings Inc., et al., in the United States District Court for the Southern District of Texas, Houston Division. Lead counsel for APL, obtained judgment of non-infringement following successful claim construction hearing in patent infringement matter concerning offshore loading buoys for oil tankers.

  • Agra Flooring International Ltd. v. Southwest Agri-Plastics Inc., in the United States District Court, Northern District of Texas, Dallas Division. Patent infringement.

  • Alcatel-Lucent USA Inc. v. Amazon.com, Inc., et al., in the U.S. District Court for the Eastern District of Texas -Tyler Division. Lead counsel for Overstock.com in its successful defense of infringement allegations related to three Alcatel-Lucent patents resulting in a finding of non-infringement of all three patents (U.S. Patent Nos. 5,649,131; 5,623,656; and 5,404,507), and invalidity of one of the asserted patents (U.S. Patent No. 5,649,131) at a jury trial. Affirmed by Federal Circuit.

  • Allergan Inc., v. Sandoz Inc., et al., in the U.S. District Court for the Eastern District of Texas - Tyler Division. On behalf of Actavis Inc. (formerly known as Watson Pharmaceuticals, Inc.), acted as lead counsel in a Hatch-Waxman generic drug trial before Judge Michael Schneider, involving allegations that defendants' Abbreviated New Drug Applications (ANDAs) for a bimatoprost ophthalmic solution for eye-drops to treat glaucoma (U.S. Patent Nos. 7,851,504; 8,278,353; 8,299,118; 8,309,605; and 8,338,479). The case is currently on appeal before the Federal Circuit.

  • Baker Hughes Incorporated and Baker Hughes Oilfield Operations Inc. v. Allamon and Associates Inc. and Jerry P. Allamon, in the U.S. District Court for the Southern District of Texas, Houston Division. Patent infringement.

  • Baker Hughes Incorporated and Baker Petrolite Corporation v. Nalco Company, in the U.S. District Court for the Southern District of Texas. Lead counsel for Baker Hughes and Baker Petrolite in a patent infringement litigation against a direct competitor resulting in a preliminary injunction that was affirmed by the Federal Circuit.

  • Baker Hughes Incorporated v. Weatherford Enterra Inc., et al., in the U.S. District Court for the Southern District of Texas, Houston Division. Misappropriation of trade secrets.

  • Baker Hughes Incorporated, Baker Hughes Oilfield Operations Inc., Baker Oil Tools v. EVI Inc., et al., jury trial in the 80th Judicial District Court of Harris County. Misappropriation of trade secrets.

  • Baker Hughes Incorporated, et al. v. H.L. Khushlani, Vivek Khushlani, and Baker Oil Tools India Private Limited, in the 334th Judicial District Court of Harris County. Trademark infringement. Permanent Injunction granted.

  • Baker Hughes INTEQ A Division of Baker Hughes Oilfield Operations Inc. v. Precision Drilling Corporation, Macmillan M. Wisler, Larry Thompson and Alanna Pope, in the Harris County District Court. Misappropriation of trade secrets. Settled favorably after Temporary Injunction granted.

  • Baker Hughes Oilfield Operations Inc. v. Paul D. Fredericks, in the 281st Judicial District Court of Harris County, Texas. Misappropriation of trade secrets. Settled favorably after Temporary Restraining Order granted.

  • Clear with Computers (formerly Orion IP, LLC) v. Xerox, et al., in the U.S. District Court for the Eastern District of Texas -Tyler Division. Lead counsel for patent infringement litigation related to U.S. Patent Nos. 5,367,627 and 5,615,342, resulted in  favorable settlement for an online retail client on eve of trial.

  • Days Inns of America Inc. v. FRANQUICIAS HOTELERAS S.A. de C.V., in the American Arbitration Association,  Dallas, Texas.  Lead counsel won arbitration involving international master franchise  agreement for hotel franchises.

  • Dean Walberg, et al. v. Questco Inc., et al. Jury trial in the 221st Judicial District Court, Montgomery County, Texas. Breach of stock purchase agreements.

  • Droplets, Inc. vs. eBay, Inc. et al., 2 :11-cv-00401-MHS-CMC in the U.S. District Court for the Eastern District of Texas – Marshall Division.  Lead counsel in litigation regarding U.S. Patent Nos. 6,687,745 and 7,502,838 for multiple internet retailers. Jury trial.

  • Eclipse IP LLC v. Overstock.com, Inc. 2:13-cv-00293 in the U.S. District Court for the Eastern District of Texas – Marshall Division.  Lead counsel in litigation regarding U.S. Patent Nos.7,479,899, 7,876,239 and 7,119,716. Case dismissed with no settlement payment by clients.

  • EON Corp. IP Holdings, LLC v. T-Mobile USA, Inc., et al., in the U.S. District Court for the Eastern District of Texas - Tyler Division.  Lead counsel for Overstock.com, Inc. in a patent infringement suit related to cellular phone technology (U.S. Patent No. 5,592,491). The matter resulted in a favorable settlement for the client prior to expert reports.

  • Equistar Chemicals, LP et al v. Westlake Chemical Corporation, in the U.S. District Court for the Eastern District of Texas - Tyler Division.  Lead counsel in a patent infringement litigation involving competitors related to specialty polymers, including polyolefin-based adhesive resins (U.S. Patent No. 7,064,163).  Jury trial is scheduled for 2015.

  • Execware, LLC v. Overstock.com, 1:12-cv-00559-LPS in the U.S. District Court for the District of Delaware.  Lead counsel in litigation regarding Patent No. 6,216,139.

  • Expro Americas, LLC v. Boots & Coots International Well Control, Inc., Michael L. Clark, Robert T. Hendrix and Glendell S. Hendrix, Cause No. 2007-47397,  in the 281st Judicial District Court of Harris County, Texas. Lead counsel in jury trial of misappropriation of trade secrets case.
    Obtained verdict for client of 100% of amount sought from jury.

  • Fay B. Anderson, et al. v. Crown Central Petroleum Corporation, et al., Cause No. 2000-47892, in the 152nd Judicial District Court of Harris County, Texas. Class action lawsuit alleging exposure to toxic chemicals.

  • Furnace Brook LLC v. Overstock.com Inc., in the U.S. District Court for the Southern District of New York. Lead counsel in a patent infringement litigation defending Overstock.com regarding website functionality. Resulted in a summary judgment of non-infringement of asserted patent (U.S. Patent No. 5,721,832) one week before trial that was affirmed by the Federal Circuit.

  • Galderma Laboratories, et al. vs. Watson Laboratories, Inc. et al., 6:12-cv-00197-MHS in the U.S. District Court for the Northern District of Texas – Dallas Division.  Lead counsel regarding Abbreviated New Drug Application (“ANDA”) litigation related to U.S. Patent No. 5,972,920 for a generic pharmaceutical company.

  • Gulf Stream Marine, Inc. v. Software Architects, Inc., et al., No. 2008-16527 in the 152nd Judicial District Court of Harris County, Texas.  Lead counsel in breach of contract litigation related to software development project, resulting in favorable settlement for client at mediation.

  • Gyrodata v. Baker Hughes Incorporated and Baker Hughes INTEQ, in the 127th Judicial District Court of Harris County, Texas. Misappropriation of trade secrets.

  • Halliburton Company v. Gardes Directional Drilling Inc. and Gardes Directional Drilling Inc. v. Smith International Inc. and Halliburton Company Consolidated, in the U.S. District Court for the Southern District of Texas, Houston Division. Indemnity for patent infringement liability.

  • Helen Davis v. Adell, Harriman & Carpenter, in the Harris County District Court Cause. Lead counsel obtained defense verdict for client in jury trial concerning breach of investment agreement case.

  • Hillsman Modular Molding Inc. vs. Hilltech Custom Injection Molding Inc. and William Hill, in the United States District Court, Middle District of Florida. Trademark infringement.

  • H-W Technology, L.C. v. Overstock.Com, Inc., Civil Action No. 3:12-CV-636-G, in the United States District Court For The Northern District Of Texas Dallas Division, patent infringement. Summary Judgment for clients affirmed on appeal.

  • Integrated Health Concepts v. U.S. Diagnostic Inc., Mohammed Athari, M.D. and Don Ballard. Bench trial in the 11th Judicial District Court of Harris County. Breach of contract for sale of clinics.

  • James J. Dorazio v. Equipment Corp. of America - Phila. Division, et al.; in the Court of Common Pleas, Philadelphia County, Pennsylvania. Lead counsel for defendant equipment manufacturer obtained directed verdict for client during jury trial.

  • Jim Arnold Corp., et al. v. Hydrotech Systems Inc., Baker Hughes Incorporated, Hughes Pool Company Inc. and CalDive International Inc., in the U.S. District Court for the Southern District of Texas, Houston Division. Breach of patent assignment. Summary Judgment for client.

  • Jose Azocar v. Days Inns of America, et al., Cause No. 96-00766-L, in the 193rd Judicial District Court of Dallas County, Texas. Personal injury case involving fall from hotel balcony. Summary Judgment for client.

  • L. Bynum Way Ill and Barbara Way v. Western Atlas International Inc., d/b/a Western Geophysical Co., Cause No. 1999-34769, in the 151st Judicial District Court of Harris County, Texas. Jones Act claim for personal injuries. Favorable settlement for client.

  • LecTec Corporation v. Chattem, Inc., et al., in the U.S. District Court for the Eastern District of Texas - Texarkana Division. Lead counsel for Chattem, Inc., in a patent suit related to transdermal medicated patches (U.S. Patent Nos. 5,536,263 and 5,741,510). Resulted in very favorable settlement for the client on the eve of trial.

  • Masterobjects, Inc. vs. eBay, Inc., 3:12-cv-00680-JSC in the U.S. District Court for the Northern District of California – San Francisco Division.  Lead counsel in litigation regarding U.S. Patent Nos. 7,752,326; 8,060,639 and 8,112,529 for an internet retailer. Dismissed by Plaintiff following Markman.

  • Mex-Tex Feed, et al. v. Cargill Incorporated. Jury trial in the U.S. District Court for the Southern District of Texas, Houston Division. Product liability. Jury trial.

  • Online News Link LLC v. Wayfair LLC, 13-01440-RGA in the U.S. District Court for the District of Delaware.  Lead counsel in litigation regarding U.S. Patent Nos. 7,181,758, 7,508,789 and 8,457,545.

  • Peace & Love Jewelry By Nancy Davis LLC v. Overstock.com, Inc. et al., CV10-0320 RSWL in the U.S. District Court for the Central District of California. Successfully settled trademark and unfair competition dispute favorably for client related to jewelry designs.

  • Pragmatus Telecom, LLC vs. Overstock.com, Inc., 1:12-cv-00093-RGA in the U.S. District Court for the District of Delaware.  Lead counsel in litigation regarding U.S. Patent Nos. 6,311,231; 6,668,286 and 7,159,043 for an internet retailer in multi-defendant litigation.

  • Pressure Systems International, Inc. v. Airgo IP, in the U.S. District Court for the Southern District of Texas. Summary judgment granted in favor of client in inventorship dispute regarding tire pressure systems. Affirmed on appeal.

  • Randy Todd Gordan and Patricia Lynn Gordan v. H.B. Zachry, Arco Chemical Company et al., in the 130th Judicial District Court of Matagorda County, Texas. Personal injury case involving tank collapse.

  • Select Retrieval, LLC vs. Amerimark Direct LLC et al., 1:11-cv-00812-UNA in the U.S. District Court for the District of Delaware.  Lead counsel in litigation regarding U.S. Patent No. 6,128,617 for an internet retailer in multi-defendant litigation.

  • Site Update Solutions, LLC vs. Accor North America, Inc. et al., 5:11-cv-03306-PSG in the U.S. District Court for the Northern District of California – San Jose Division.  Lead counsel in litigation regarding U.S. Reissue Patent No. RE40,683 for an internet retailer in multi-defendant litigation. Dismissed following Markman.

  • The Manhattan Life Insurance Company, et al. v. Family Life Corporation, et al., No. 2007-22937 in the 215th Judicial District of Harris County, Texas.  Lead counsel in a breach of contract litigation, resulting in a favorable settlement for client at mediation.

  • Threshold Development Company v. Juno Energy, LLC, Juno Energy II, LLC, Juno Operating Company, LLC and Juno Operating Company II, LLC v. LRAC Resources, Inc., d/b/a Stealth Oil, Cause No. 2013-7589, in the 72nd Judicial District Court of Crosby County, Texas. Bench trial victory in oil and gas dispute.

  • TMC Enterprises, a division of Tasco Industries Inc. vs. Autozone Inc., in the U.S. District Court of Central District of California, C.A. Western Division. Patent infringement.

  • United Messaging Systems LLC v. Google Inc., et al., in the U.S. District Court for the Eastern District of Texas - Tyler Division.  Lead counsel for Google Inc. against a subsidiary of Acacia Research Corporation, including developing invalidity contentions and claim construction positions for five messaging patents asserted against webmail (U.S. Patent Nos. 6,857,074; 7,836,141; 7,895,306; 7,895,313; and 7,934,148). The case was consolidated with a Multidistrict Litigation (MDL) and transferred to the U.S. District Court for the Northern District of Illinois prior to a favorable settlement for the client.

  • Walker Digital LLC v. Amazon.com Inc., et al., in the U.S. District Court for the District of Delaware.  Lead counsel for defendant Overstock.com, Inc., negotiated dismissal without prejudice early in litigation.

  • Weatherford International Inc. and Weatherford Artificial Lift Systems Inc. v. International Lift Systems L.L.C., Robert Kelly Raper, Daniel A. Fisher and Brent Hefner, in the 80th Judicial District Court of Harris County. Misappropriation of trade secrets. Settled following temporary restraining order hearing.

Appellate

  • Baker Hughes Incorporated and Baker Petrolite Corporation v. Nalco Company; in the United States Court of Appeals for the Federal Circuit. Lead appellate counsel argued at Federal Circuit and successfully obtained per curium affirmance of injunction for client in patent case.

  • EQUIPMENT CORPORATION OF AMERICA, BAUER MASCHINEN GmbH, AND RTG RAMMTECHNIK GmbH; in the Superior Court of Pennsylvania, Eastern District. Lead appellate counsel argued at Superior Court and successfully obtained affirmance of directed verdict for client from trial court.

  • Furnace Brook, LLC v. Overstock.com, Inc., in the United States Court of Appeals for the Federal Circuit, on appeal from the United States District Court for the Southern District of New York. Lead appellate counsel argued at Federal Circuit and successfully obtained affirmance of summary judgment  for client  in patent case.

  • H-W Technology, L.C. v. Overstock.Com, Inc., in the United States Court of Appeals for the Federal Circuit, on appeal from the United States District Court for the Northern District of Texas. Lead appellate counsel argued at Federal Circuit and successfully obtained affirmance of summary judgment for client in patent case.

Publications

  • “Federal Circuit Passes Torch from Juries to Judges for Willful Infringement Determinations,” IP Links, November 2012

  • “Preparing a Patent Case for Trial,” Houston Intellectual Property Law Association and University of Houston Law Center's 28th Annual Institute on Intellectual Property Law, October 2012

  • “Damages Panel,” 8th Annual TexasBarCLE Advanced Patent Litigation Course, August 2012

  • “Controlling Patent Trolls,” New York Law Journal, April 23, 2007

In The News

  • “Slumping Energy Companies May See IP as Way to Gain Back Profits”, Texas Lawyer, August 1, 2016

Awards & Recognition

  • Chambers USA, Intellectual Property, 2010-2014

  • Legalease, The Legal 500 United States, Energy: Litigation, 2013

  • IAM Patent Litigation 250, The World's Leading Patent Practitioners, 2013

  • IAM Patent 1000, The World’s Leading Patent Practitioners, 2014-2015

  • Globe Business Publishing Ltd, IAM Patent 1000, 2011-2014

  • IP Stars by Managing Intellectual Property, 2013, 2015

  • Houston Business Journal Twenty Top IP Litigators in Houston 2011

  • Texas Super Lawyers, Rising Star, 2004-2006

  • Martindale-Hubbell® AV® Preeminent™ Rating
MEMBERSHIPS
State Bar of Texas
Houston Bar Association
Eastern District of Texas Bar Association
Houston Intellectual Property Law Association

CLERKSHIPS
Intern, William Wayne Justice, U.S. District Court for the Eastern District of Texas

EDUCATION
J.D., Texas Tech University School of Law
B.A., with honors, Sewanee: The University of the South

ADMISSIONS
Texas
U.S. Court of Appeals for the Federal Circuit
U.S. Court of Appeals for the Fifth Circuit
U.S. Court of Appeals for the Fourth Circuit
U.S. District Court for the District of Colorado
U.S. District Court for the Eastern District of Texas
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 Western District of Michigan
U.S. District Court for the Western District of Texas