Rex A.
Mann

Patent, Trade Secret, and Other Intellectual Property Litigation

Halliburton v. U.S. Well Services (W.D. Tex.) As trial counsel, prevailed for U.S. Well Services in the trial of the first of three patent infringement litigations filed by competitor Halliburton, which claimed that U.S. Well Services infringed certain patents involving use of hydraulic fracturing software, as well as methods related to the operation and powering of U.S. Well Services’ fracturing sites—a win that Am Law recognized with a “Litigator of the Week” first-runner-up nod. Rex conducted key cross-examinations of Halliburton’s technical experts.

In the Matter of Certain Integrated Circuits, Components Thereof, and Products Containing the Same (ITC) Served as trial counsel to defend Advanced Micro Devices, Inc. (AMD) in a massive ITC action brought against AMD by its competitor Realtek Semiconductor Corp. Realtek accused AMD of infringing three patents relating to integrated circuit designs. AMD faced an exclusion order and a cease-and-desist order at the ITC. Administrative Law Judge (ALJ) Cameron Elliot’s decision found that all asserted claims of two of the patents were invalid for multiple reasons. For the third patent, he ruled that all asserted claims were not infringed by AMD, and that all but one of those claims were also invalid. Rex conducted multiple cross-examinations and direct examinations of expert witnesses and fact witnesses in the five-day trial.

Flypsi, Inc. v. Google, LLC (W.D. Tex.) Trial counsel for plaintiff Flypsi, an inventor of a novel solution for setting up and connecting telephone calls using multiple phone numbers on a single mobile device, in a dispute alleging Google infringed five of its U.S. patents. Despite Google’s argument that it had launched a competing Google Voice product before Flypsi’s invention, the jury rejected Google’s invalidity and prior use defenses and awarded Flypsi US$12 million for Google’s infringement. Rex conducted key cross-examinations of Google’s expert and company representative at trial.

TMT Systems, Inc. v. Medtronic, Inc. (W.D. Tex.) Trial counsel for defendant Medtronic in a patent infringement suit relating to a patent on a design for an abdominal aortic aneurysm stent graft. Rex conducted a key cross-examination of the inventor and put on Medtronic’s noninfringement and invalidity expert. The trial resulted in a mistrial due to a hung jury, but post-trial, Rex and his team at Winston were able to get a new favorable claim construction ruling that resulted in a stipulation of noninfringement.

Hardin et al. v. Samsung Electronics Co., Ltd. (E.D. Tex.) Trial counsel for Ryan Hardin and Andrew Hill, inventors on a patent related to geofencing technology, in a patent infringement suit brought against Samsung. After prevailing for the inventors on key claim construction, summary judgment, and Daubert issues, the case settled days before trial.

Freshworks v. LiveHelpNow, LLC (D. Del.) Lead counsel for Freshworks in a declaratory judgment action filed against LiveHelpNow, LLC involving patents related to chat software. After extensive disputes relating to venue, including a parallel action filed in the Western District of Texas, the case settled.

Sieler v. Atieva Inc. (N.D. Cal.) Lead trial counsel for Atieva Inc. in a patent inventorship dispute with a former employee, which also included counterclaims for breach of contract, among others. Case settled shortly before trial after summary judgment motions filed by Atieva.

Match Group v. Muzmatch Limited (W.D. Tex.) Lead counsel for defendant in a case involving claims of trademark infringement, patent infringement, trade dress infringement, trademark dilution, and unfair competition. After extensive motion to dismiss briefing, the parties reached a resolution.

Tech Pharmacy Services, LLC v. Alixa Rx LLC et al. (E.D. Tex.) Served as counsel for defendants and obtained a defense verdict in jury trial on claims of trade secret misappropriation, fraud, and patent infringement.

Ceats, Inc. v. Continental Airlines, et al. (E.D. Tex.) Counsel for defendants in patent infringement case related to online ticketing, in which the jury returned a verdict of invalidity on all claims, thus avoiding alleged past and future damages of nearly US$300 million for the defendants.

Commercial Litigation and Other Matters

Unbnd Group Pty Ltd. v. Park Lane, LLC et al. (FINRA Arbitration and S.D.N.Y.) Lead trial counsel in a FINRA arbitration involving contractual and business tort claims, where opposing party sought approximately US$3 million in damages from client Unbnd and sought significant equitable relief in the form of equity in the company. After a six-day evidentiary hearing that Rex led, the FINRA arbitration panel rejected the opposing party’s request for more than US$3M and agreed with Unbnd’s position on equity in the company. The Southern District of New York confirmed the award.

Smith v. LifeVantage Corporation et al. (D. Utah) Counsel for defendant LifeVantage in a class action lawsuit involving pyramid scheme allegations and claims of RICO violations, antitrust violations, securities laws violations, and unjust enrichment. Hundreds of millions of dollars were at issue. Won a motion to dismiss on several of the claims, and the case proceeded through class discovery on remaining claims, where the team prevailed for LifeVantage in achieving denial of class certification. The case settled shortly after class certification was denied.

Confidential AAA Arbitration in Dallas. Trial counsel for respondent in a confidential arbitration brought by a plaintiff CEO with breach of contract claims close to US$10 million. After a multiday evidentiary hearing where Rex put on a key witness for the company, Rex and the Winston team achieved a complete defense victory and an award of attorneys’ fees against the claimant.

Confidential JAMS Arbitration in San Francisco. Lead trial counsel for then-NFL player in a JAMS arbitration wherein a marketing agency filed for arbitration against the NFL player for breach of contract alleging millions of dollars in damages. Brought counterclaims on behalf of the NFL player for fraudulent inducement and breach of contract, among others. Achieved a settlement prior to the evidentiary hearing whereby the marketing agency, despite being the initial plaintiff/claimant, actually paid the client a six-figure payment.

Ranieri et al. v. AdvoCare International LP et al. (N.D. Tex.) Counsel for defendant AdvoCare in a class action lawsuit involving pyramid scheme allegations and claims of RICO violations, securities laws violations, and others. Hundreds of millions of dollars were at issue. Won multiple motions to dismiss, including getting the RICO claims dismissed. Class settlement was reached during class discovery.

United States of America ex. rel. Magee v. Texas Heart Hospital of the Southwest LLP et al. (E.D. Tex.) Counsel for relators in a kickback case, wherein relators brought claims under the False Claims Act. Shortly before trial, the defendants settled for US$48 million to resolve allegations that they violated the False Claims Act.

Waterside Corporation, et al. v. Bayside Land Partners, LLC (Texas State Court) Represented developer of a billion-dollar lakeside real estate project outside Dallas in this dispute, in which the client faced an injunction in favor of the marina owner restricting development, obtaining dissolution of the injunction in favor of marina owner and dismissal of all claims against developer.

Fee Smith Sharp & Vitullo LLP et al. v. Deana Strunk et al. (Dallas, Tex. Dist. Ct.) Trial counsel for defendant in a breach of contract action seeking close to US$10 million in damages. After successfully defeating a motion to compel arbitration through the Fifth Circuit Court of Appeals and completing discovery, the case settled on the eve of trial.

In re Woodbridge Investments Litigation (C.D. Cal.) Counsel for defendant in a class action proceeding brought against the bank for aiding and abetting fraud claims, among others, relating to the Woodbridge billion-dollar Ponzi scheme. Case settled after class certification briefing.

Prophet Equity LP et al. v. Twin City Insurance Company (5th Cir.) Counsel for appellant wherein a reversal was achieved of a summary judgment ruling against client on contractual insurance issues. The case settled shortly after the decision from the Fifth Circuit Court of Appeals.

Crothers et al. v. Teton County Board of County Commissioners et al. (D. Wyo.) Trial counsel for plaintiffs in an action alleging multiple constitutional violations by various law enforcement officials and agencies in the Teton County area. Also served as appellate counsel for a related criminal proceeding wherein an appeal was sought for various Brady violations, and argued at the court, along with co-counsel Alan Dershowitz, in the post-trial and appellate phase.

Rysher Entertainment et al. v. Cox Media Group, Inc. (L.A. Cnty. Super. Ct., Cal.) Represented Rysher Entertainment, 2929 Entertainment, and Qualia Capital as plaintiffs in a contractual indemnification case arising out of underlying litigation brought by actor Don Johnson related to the television series Nash Bridges. Obtained summary judgment from the trial court holding that Cox was liable under the contract, and the case settled shortly before a scheduled trial on damages.

Sabre Corporation, et al. v. The Insurance Company of the State of Pennsylvania, et al. (N.Y. Com. Div.) Represented Sabre and related entities in an insurance coverage case against two insurance companies relating to the insurers’ failure to indemnify Sabre in a major piece of litigation. Obtained summary judgment at the trial court level declaring that the insurers had a duty to defend Sabre, and a disqualifying conflict of interest prevented insurers from controlling the defense. The case settled shortly before a scheduled trial on damages.