Mr. Philbin is a sought-after trial lawyer whose practice encompasses a wide range of intellectual property matters, including patent, trademark, trade dress, copyright, trade secret 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 Mr. Philbin for his ability to understand complex technology, as well as 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 and leadership roles within the firm, Mr. Philbin 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.
EducationJ.D. Baylor University, 1989
B.S. Trinity University, 1986
Significant AccomplishmentsMr. Philbin has represented inventors, authors, and innovators as either plaintiff or defendant:
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.
Obtained a jury verdict and judgment, including enhanced damages, attorneys 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 representing the inventors and their company.
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 Web site 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 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 telecommunications provider in patent infringement action involving prepaid, point-of-sale activated calling cards.
Defended 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.
© Haynes and Boone, LLP, 2018