John H. Barr Jr.

Representative Matters

Patent Litigation

Alcatel-Lucent USA Inc. v. Amazon.com, Inc., et al., 6-09-CV-00422-LED 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.

LecTec Corporation v. Chattem, Inc., et al., Civil Action No. 5:08-CV-00130-DF 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.

Baker Hughes Incorporated and Baker Petrolite Corporation v. Nalco Company, 4:09-CV-01885 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 after a two day bench trial that was affirmed by the Federal Circuit.

Clear with Computers (formerly Orion IP, LLC) v. Xerox, et al., 6:07-CV-138-LED, 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 very favorable settlement for an online retail client on eve of trial.

Furnace Brook LLC v. Overstock.com Inc., Cause No. 05-CIV-7329, 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.

Adjustacam LLC v. Amazon.com, Inc. et al., 6:10-CV-329-LED, in the U.S. District Court for the Eastern District of Texas – Tyler Division. Lead counsel, successfully represented multiple online retailers in patent litigation dispute regarding cameras for computers, resulting in early dismissal and favorable settlements for clients after limited discovery.

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 client settlement regarding patents related to online gaming activity and website functionality.

Pressure Systems International, Inc. v. Airgo IP, LLC, 4:08-CV-00245 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.

Agra Flooring International Ltd. v. Southwest Agri-Plastics Inc., Case No. 3:05cv137-K. In the United States District Court, Northern District of Texas, Dallas Division. Patent infringement.

Advanced Production and Loading, Inc. v. Single Buoy Moorings Inc., et al.; CA No. H-02-2499. 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.

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, August, 2000. Patent infringement.

TMC Enterprises, a division of Tasco Industries Inc. vs. Autozone Inc., No. CV05-7233 PA, JTLx. In the U.S.  District Court of Central District of California, C.A. Western Division. Patent infringement.

Jim Arnold Corp., et al. v. Hydrotech Systems Inc., Baker Hughes Incorporated, Hughes Pool Company Inc. and CalDive International Inc., Cause H-93-3117. In the U.S. District Court for the Southern District of Texas, Houston Division. Breach of patent assignment.

Halliburton Company v. Gardes Directional Drilling Inc. and Gardes Directional Drilling Inc. v. Smith International Inc. and Halliburton Company Consolidated, C.A. No. H-91-3553 and No. H-96-2942, In the U.S. District Court for the Southern District of Texas, Houston Division. Indemnity for patent infringement liability.

Other Intellectual Property Litigation

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.

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.

Gyrodata v. Baker Hughes Incorporated and Baker Hughes INTEQ, Cause No. 2000-40391. In the 127th Judicial District Court of Harris County, Texas. Misappropriation of trade secrets.

Baker Hughes Oilfield Operations Inc. v. Paul D. Fredericks, Cause No. 2005-52077. In the 281st Judicial District Court of Harris County, Texas. Misappropriation of trade secrets.

Baker Hughes Incorporated v. Weatherford Enterra Inc., et al., CA No. H-95-975. 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., Texas Cause No. 98-41272. In the 80th Judicial District Court of Harris County. Misappropriation of trade secrets.

Hillsman Modular Molding Inc. vs. Hilltech Custom Injection Molding Inc. and William Hill, Orlando Division Case No. 6:02-cv-1493-Orl-28JGG. In the United States District Court, Middle District of Florida. Trademark infringement.

Baker Hughes Incorporated, et al. v. H.L. Khushlani, Vivek Khushlani, and Baker Oil Tools India Private Limited, Texas Cause No. 99-23890. In the 334th Judicial District Court of Harris County. Trademark infringement.

Hall's Insurance Agency Inc. v. Haywood Clement, Texas Cause No. 99CV0505. In the 122nd Judicial District Court of Galveston County. Misappropriation of trade secrets and violation of non-compete agreement.

Petroys Solutions Inc. v. Kevin W. Dalley, 113th Judicial District No. 98-32059. In the District Court of Harris County, Texas. Misappropriation of trade secrets.

Interpipe Inc. v. Murray International Metals Inc., Murray International Metals Limited and Johnny Johnson, Texas Cause No. 97-59219. In the 127th Judicial District of Harris County. Misappropriation of trade secrets.

Pipe Exchange Ltd. v. Dolty J. Cheramie III, d/b/a Line Pipe Center Inc., Texas Cause No. 98-48254. In the 234th Judicial District Court of Harris County. Misappropriation of trade secrets.

Triten Corporation v. Walter J. Stinson and Blac Inc., Texas Cause No. 98-34692. In the 61st Judicial District Court of Harris County. Misappropriation of trade secrets.

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, Texas Cause No. 2003-43139. In the 80th Judicial District Court of Harris County. Misappropriation of trade secrets.

General Commercial Litigation

Helen Davis v. Adell, Harriman & Carpenter, in the Harris County District Court Cause No. 2001-49080. Lead counsel obtained defense verdict for client in jury trial concerning breach of investment agreement case.

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.

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.

Integrated Health Concepts v. U.S. Diagnostic Inc., Mohammed Athari, M.D. and Don Ballard, Texas Cause No. 97-21418. In the 11th Judicial District Court of Harris County. Breach of contract for sale of clinics.

Days Inns of America Inc. v. FRANQUICIAS HOTELERAS S.A. de C.V., 71T1140032795. In the American Arbitration Association, Dallas, Texas. Lead counsel won arbitration involving international master franchise agreement for hotel franchises.

Gena Baker, Individually and as Executor of the Estate of Keith Baker and Burlington Resources Inc. v. Metropolitan Life Insurance Company, C.A. 01-1367. In the U.S. District Court for the Southern District of Texas, Houston. Breach of contract for ERISA benefits.

Nino & Associates Inc., et al. v. Amy Bernstein, et al., Texas No. 98-18059. In the 127th Judicial District Court of Harris County. Defamation case.

Dean Walberg, et al. v. Questco Inc., et al., Cause No. 92-0902981-CV. In the 221st Judicial District Court, Montgomery County, Texas. Breach of stock purchase agreements.

Houston Community Bank v. United Acceptance Corporation, et al., 129th Judicial District Cause No. 97-52867 A. In the District Court of Harris County, Texas. Breach of promissory notes.

Mex-Tex Feed, et al. v. Cargill Incorporated, CA H-95-292. In the U.S. District Court for the Southern District of Texas, Houston Division. Product liability.

Manufacturers Hanover International Banking Corporation v. So-Mo Joint Venture, et al., C.A. No. H-88-2854. In the U.S. District Court for the Southern District of Texas, Houston Division. Dispute over letter of credit.

Kenneth Wu v. Davis X. Sun, ShuLan J. Sun, Ogerd Corp. and Wen-Lung ("Henry") Wu, Texas No. 1999-20294. In the 189th Judicial District Court of Harris County. Breach of stock purchase agreement.

Employment

Henry J. Quanaim v. CTF Hotel Holdings Inc., d/b/a Stouffer Renaissance Hotel et al., CA No. H-96-0330. In the U.S. District Court for the Southern District of Texas. Age and national origin discrimination.

Archie Jackson, et al. v. Marriott International Inc., et al., C.A. No. 3-97CV2360-D. In the U.S. District Court for the Northern District of Texas, Dallas Division. Class action lawsuit for age and sex discrimination.

Laidlaw Environmental Services Inc. v. The Teamsters Freight, Tank, Line and Automobile Industry Employees, Local No. 988, and any other Teamster Locals, C.A. 98-16451. In the 129th Judicial District Court, Harris County, Texas. Violations of the labor code arising out of strike.

Real Estate

W.D. Enterprises v. Kmart Corporation, Walgreen Co., and Illinois Corp. and Globe Stores Inc., Cause No. 98CI-18041. In the 224th Judicial District Court of Bexar County, Texas. Lease dispute regarding alleged failure to maintain property.

Live Oak Realty Company v. Kmart Corporation, Thornton Oil Corporation, National Army Surplus Co. Inc., and North Star Dodge Sales Inc., Cause No. 94CI-05557. In the District Court of Bexar County, Texas. Alleged environmental contamination and breach of lease.

Ranger Ins. Co. v. Westchase Equities Inc., Fidinam Inv. Consulting Inc., and David J. Lee, Cause No. 97-50091. In the 61st Judicial District Court of Harris County, Texas. Breach of contract for lease option.

Construction

In the matter of the arbitration between Parkway Construction & Associates Inc. v. L&R Properties, American Arbitration Association, No. 70 110 00285 98. Arbitration of dispute under construction contract.

C.F. Jordan Commercial L.P. v. Bryan Independent School District, Cause No. 47081-272. In the Judicial District Court of Brazos County, Texas. Construction dispute.

Personal Injury and Products Liability

James J. Dorazio v. Equipment Corp. of America – Phila. Division, et al.; C.A. No. 002914; In the Court of Common Pleas, Philadelphia County, Pennsylvania. Lead counsel for defendant equipment manufacturer obtained directed verdict for client during jury trial.

Randy Todd Gordan and Patricia Lynn Gordan v. H.B. Zachry, Arco Chemical Company et al., Cause No. 92-5-0614-C. In the 130th Judicial District Court of Matagorda County, Texas. Personal injury case involving tank collapse.

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.

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.

L. Bynum Way III 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.

Ruf C. Doggett v. Richards Drilling Company, et al., Cause No. 89-C-0247-C. In the 23rd Judicial District Court of Matagorda County, Texas. Personal injury case.

Probate

Andrews v. Aldine ISD, in the Harris County Probate Court, July, 2002. Probate case involving tax foreclosure.

Appellate

Baker Hughes Incorporated and Baker Petrolite Corporation v. Nalco Company; No. 2010-1124; In the United States Court of Appeals for the Federal Circuit.  Lead appellate counsel argued at Federal Circuit and successfully obtained per curiam affirmance of injunction for client in patent case.

Furnace Brook, LLC v. Overstock.com, Inc., No. 2007-1064; 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.

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.