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Barry K. Shelton
Barry Shelton is a partner in Bracewell & Giuliani's IP litigation group. His practice focuses on patent litigation, jury trials and administrative proceedings before the U.S. ITC in the areas of electrical engineering, computer software, computer networks, and semiconductors.
Mr. Shelton previously worked with Wireless Knowledge as vice president, corporate counsel; vice president, operations and intellectual property counsel; and systems engineering manager and intellectual property counsel. He was also president and founder of Performance Consulting Group, LLC, a technical instructor at Vortex Data Systems and an electronics engineer at the Naval Aviation Depot.
Section 337 Proceedings Before the U.S. International Trade Commission
Certain Probe Card Assemblies, Components Thereof and Certain Tested DRAM and NAND Flash Memory Devices and Products Containing Same (Investigation No. 337-TA-621) – Represented respondent Micronics Japan Co., Ltd. against complainant FormFactor, Inc., obtained final determination of no violation.
Certain Network Controllers and Products Containing Same (Investigation No. 337-TA-531) - Represented complainant Marvell International, Ltd. against Realtek Semiconductor Corp., et al., in ITC investigation regarding Gigabit Ethernet controllers (settled favorably).
Certain Audio Processing Integrated Circuits and Products Containing Same (Investigation No. 337-TA-538) - Represented complainant SigmaTel, Inc. against Actions Semiconductor Co., Ltd. in ITC investigation involving integrated circuits for MP3 players (settled favorably).
Certain Personal Computers, Server Computers, and Components Thereof (Investigation No. 337-TA-509) - Represented complainant Hewlett-Packard Company against Gateway, Inc. in ITC investigation involving desktop, notebook, and server computers (settled favorably).
Certain Audio Digital-to-Analog Converters and Products Containing Same (Investigation No. 337-TA-499) - Represented complainant Cirrus Logic, Inc. in ITC investigation involving audio digital-to-audio converters. Obtained final determination of section 337 violation (settled favorably).
Certain Power Amplifier Chips, Broadband Tuner Chips, and Products Containing Same (Investigation No. 337-TA-490) - Obtained final determination of noninfringement and invalidity for respondent Microtune, Inc. in ITC investigation involving ESD protection for integrated circuits.
District Court Actions
Wi-LAN, Inc. v. Marvell Semiconductor, Inc., Represented defendant in case IEEE 802.11a/g wireless LAN devices in Eastern District of Texas (pending).
Microsoft Corporation, et al. v. Commonwealth Scientific and Industrial Research Organization - Represented plaintiff in patent declaratory judgment action involving IEEE 802.11a/g wireless LAN devices in Eastern District of Texas (settled favorably). Defeated CSIRO’s motion to dismiss based on sovereign immunity and argued interlocutory appeal, affirmed by Federal Circuit (Opinion 06-1032 and 06-1040).
Trumpf Laser GmbH + Co. KG v. Amglo Kemlite Laboratories, Inc. – Lead counsel representing patentee in patent infringement action over laser light sources in the Northern District of Illinois (settled favorably).
Synchrome Technology Inc. v. Dell Computer Corporation et al., Represented defendant in patent infringement action regarding CD-ROM drives in Eastern District of Texas (settled favorably).
U.S. Philips Corporation v. Eastman Kodak Company – Defended action for patent infringement relating to JPEG still-image compression in the District of Delaware (settled favorably).
MessageOne, Inc. v. FrontBridge Technologies, Inc. - Defending action for trade secret misappropriation of technology related to disaster recovery of electronic mail in the Western District of Texas (settled favorably).
Deep Nines, Inc. v. McAfee, Inc. - Representing patentee in patent infringement action regarding integrated network security devices in the Eastern District of Texas (jury awarded $18 million in damages).
Padcom, Inc. v. NetMotion Wireless, Inc. - Defended action for patent infringement involving wireless application software in the District of Delaware (parties merged after trial).
Motorola, Inc. v. Micron Technology, Inc. - Defended action for patent infringement involving thirty-four patents covering semiconductor processing and wireless systems in the Western District of Texas (settled favorably).
Realtek Semiconductor Corp. v. Marvell Semiconductor, Inc. - Defended action for patent infringement involving Gigabit Ethernet controllers in Northern District of California, plaintiff voluntarily dismissed case with prejudice after receiving motion for Rule 11 sanctions; Court awarded over $500,000 in attorney fees to Marvell.
Cornell University et al. v. Hewlett-Packard Company - Defended action for patent infringement involving superscalar RISC processors in Northern District of New York (appeal pending).
Compression Labs, Inc. v. Hewlett-Packard Company et al. - Defending action for patent infringement involving JPEG image compression in Eastern District of Texas and District of Delaware (settled favorably after Markman ruling).
Hewlett-Packard Development Company v. eMachines, Inc. - Represented patentee in patent infringement action relating to personal computers in Western District of Wisconsin (settled favorably).
Cirrus Logic, Inc. v. Wolfson Microelectronics, Inc. - Representing patentee in patent infringement action relating to audio digital-to-analog converters in Southern District of California (settled favorably).
Microtune (Texas), L.P. v. Broadcom Corp. - (RF tuner technology) Obtained infringement, willful infringement, validity, and enforceability jury verdict for client Microtune in the Eastern District of Texas. Also obtained enhanced (double) damages, attorney fees, and maximum royalty amount.
Broadcom Corp. v. Microtune (Texas), L.P. and Microtune, Inc. - (RF tuner technology) Obtained dismissal with prejudice of all claims for client Microtune for case in the Eastern District of Texas.
Broadcom Corp. v. Microtune (Texas), L.P. - (RF tuner technology) Obtained settlement (reported at $22,500,000) on the eve of opening statements in the Eastern District of Texas for declaratory relief defendant (patentee Microtune).
Crossroads Systems (Texas), Inc. v. Dot Hill Systems, Inc. - Represented patentee in patent infringement action relating to Fibre Channel storage routers in Western District of Texas (settled favorably).
Nortel Networks v. CIENA Corp. - Defended action for patent infringement involving dense wavelength division multiplexing (DWDM) optical networking systems in Northern District of California (settled favorably).
LizardTech, Inc. v. Earth Resources Mapping, Inc. - Defended action for patent infringement regarding discrete wavelet transform (DWT) image compression in Western District of Washington. Obtained summary judgment of non-infringement and invalidity disposing of all asserted patent claims, affirmed by Federal Circuit (Opinion 05-1062).
Alcatel USA Sourcing, Inc. v. Microsoft Corporation - Represented defendant in patent infringement case regarding IEEE 802.1x wireless security protocols (settled favorably).
Publications and Speeches
"What is reasonable and non-discriminatory (RAND) patent licensing? (Part 2)," Inside Counsel, August 2014
“Technology: Breaking Down E-Discovery Model Order,” InsideCounsel.com, March 2012.
“Technology: Facilitating Efficient and Cost-Effective Discovery,” InsideCounsel.com, February 2012.
“Technology: Spoliators and the Sanctions they Receive,” InsideCounsel.com, February 2012.
"Technology: Refining your Corporate Data Policies,” InsideCounsel.com, January 2012.
“Technology: The Who, What, Where, When and Why of Crafting Litigation Hold Notices,” InsideCounsel.com, January 2012.
“Technology: Oh, the places your data will go” InsideCounsel.com, December 2011.
"Introduction to Cryptography," Information Systems Security, June 2010.
“E-Discovery and Spoliation,” University of Texas School of Law’s 13th Annual Advanced Patent Law Institute, Austin, TX, October 2008.
“Update On Recent Issues Re E-Discovery,” TexasBarCLE - 21st Annual Advanced Evidence and Discovery Course, Houston, TX, May 2008.
“Electronic Discovery Landmines to Avoid,” University of Texas School of Law, Advanced Patent Law Institute, Alexandria, VA, January 2008.
“Electronic Discovery Landmines to Avoid: A Guide for Business, Technology and IP Lawyers,” University of Texas School of Law, 20th Annual Technology and Computer Law Conference, Austin, TX, May 2007.
J.D., Order of the Barristers, University of San Diego School of Law, 1998
M.S., Electrical Engineering, San Diego State University, 1994
B.S., Electronics, Chapman University, 1990
U.S. Patent and Trademark Office
U.S. Courts of Appeals for the 5th, 9th and Federal Circuits
U.S. District Court for the Northern, Southern, Central and Eastern Districts of California
U.S. District Court for the Northern, Southern, Eastern, and Western Districts of Texas
State Bar of Texas
Registered Professional Engineer, Electrical Engineering (California)
Member, State Bar of California and Intellectual Property Section
Member, Institute of Electrical and Electronics Engineers
Member, American Inns of Court, Honorable William B. Enright Chapter
Named inventor on U.S. Patent Nos. 6,563,800, 6,609,148, and 6,957,249
University of San Diego School of Law: Member of Moot Court Board and National Team
First Place, California Moot Court Competition
Best Oralist, National First Amendment Moot Court Competition
Best Appellate Brief, Philip C. Jessup International Moot Court Competition