At Ward, Smith & Hill, we work to help our clients resolve their legal matters quickly and efficiently so they can get back to their lives and workplaces. Many of these cases end in settlements, but we also have the expertise and experience to effectively represent our clients in courtroom trials. While prior results are no guarantee of future success, the following cases demonstrate our courtroom abilities.
March 9, 2023 - Ward, Smith and Hill attorneys Brett Miller and Garrett Parish successfully navigated multiple procedural hurdles to obtain a favorable result for local business owner, Kevin Curbo. Ring & Pinion Service, Inc. d/b/a Randy’s Worldwide Automotive v. F & W 4X4 Holdings, LLC d/b/a Longview Drive Shaft & 4X4 Shop and LDS 4X4, LLC d/b/a Longview Drive Shaft & 4X4 Shop and Kevin R. Curbo, Cause No. 2022-1507-CCL2, In the County Court at Law No. 2 in Gregg County, Texas; Kevin R. Curbo v. F & W 4X4 Holdings, LLC d/b/a Longview Drive Shaft & 4x4 Shop, LDS 4X4, LLC d/b/a Longview Drive Shaft & 4x4 Shop, Michael J. Freeman, and Adam B. Williams, Cause No. 2022-1507-CCL2-1, In the County Court at Law No. 2 in Gregg County, Texas.
January 13, 2023 - Attorneys Johnny Ward and Andrea Fair, with attorneys at Susman Godfrey LLP, secured a verdict for $166.3 million in favor of Finesse Wireless LLC against AT&T and intervenors Nokia and Ericsson. Trial began January 9, 2023 and ended on January 13, 2023. The jury determined that AT&T Mobility infringed two patents, found neither patent invalid, and awarded damages. Finesse Wireless LLC v. AT&T Mobility LLC, case number 2:21-cv-00316-JRG, in the Eastern District of Texas, Marshall Division.
Ward, Smith & Hill’s Andrea Fair discusses $166M patent verdict against AT&T
August 26, 2022 - Ward, Smith & Hill attorneys Johnny Ward and Claire Abernathy Henry, along with attorneys from Susman Godfrey, helped Netherlands-based telecommunications company Koninklijke KPN N.V. (KPN) win a jury trial against Telefonaktiebolaget LM Ericsson and Ericsson Inc. for willfully infringing one of its patents used to improve telecommunications infrastructure systems. After a five-day trial, the jury returned a $31.5 million verdict in favor of KPN. Koninklijke KPN N.V. v. Telefonaktiebolaget LM Ericsson et al, case number 2:21-cv-00113-JRG, in the Eastern District of Texas, Marshall Division.
April 8, 2022 - Attorneys Johnny Ward, Wes Hill and Andrea Fair, working with attorneys Michael Jacobs, Matthew Chivvis, and Bryan Wilson of Morrison & Foerster, LLP., secured a verdict for $41.8 million in favor of biotechnology company Seagen Inc. against Daiichi Sankyo Co. LTD. After a four-day trial, the jury determined that Daiichi Sankyo Co. LTD infringed a patent developed by Seagen Inc. related to targeted cancer treatment technology and that Daiichi Sankyo Co. LTD’s infringement was willful. Seagen, Inc. vs. Daiichi Sankyo Co., LTD, case number 2:20-cv-00337-JRG, in the Eastern District of Texas, Marshall Division.
March 8, 2021 - Attorneys Johnny Ward, Claire Henry, and Andrea Fair, along with Marc Fenster, Reza Mirzaie and Neil A. Rubin of Russ August & Kabat, helped Solas OLED Ltd. win a $62.7 million patent infringement verdict against Samsung Display Company Ltd. The six-day trial resulted in a verdict that Samsung had infringed on patents related to active-matrix organic light-emitting diode (AMOLED) functions used in OLED displays for Samsung Galaxy S and Galaxy Note smartphones. Solas OLED Ltd. v. Samsung Display Co. Ltd. et al., case number 2:19-cv-00152, in the Eastern District of Texas, Marshall Division.
October 30, 2020 - Attorney Johnny Ward, along with attorneys from Caldwell Cassady & Curry, helped VirnetX win a $502.8 million patent infringement verdict against Apple Inc. The liability and damages verdict was returned on October 30 at the end of a four day retrial for damages. This verdict is the fourth jury verdict that lawyers with Ward, Smith & Hill, PLLC, have secured for VirnetX in its long-running legal battle with Apple. VirnetX Inc. et al v. Apple Inc., No. 6:12-cv-00855, in the Eastern District of Texas, Tyler Division.
February 20, 2019 - Ward, Smith & Hill attorneys Johnny Ward, Claire Henry, and Andrea Fair, along with co-counsel Martin J. Black and Kevin M. Flannery of Dechert LLP, helped Intellectual Ventures I LLC secure a $43 million verdict to Intellectual Ventures I LLC after finding telecom heavyweights T-Mobile and Ericsson Inc. infringed on the company’s patents used for wireless services for the LTE network. The jury awarded $34 million against T-Mobile and $9 million against Ericsson. Case No. 2:17-cv-577; Intellectual Ventures I LLC v. T-Mobile USA, Inc., T-Mobile US, Inc., Ericsson Inc., and Telefonaktiebolaget LM Ericsson.
November 5, 2018 - Ward, Smith & Hill attorneys Johnny Ward, Claire Henry, and Andrea Fair took the lead in securing a $5.9 million verdict against Samsung on behalf of German intellectual property licensing company Papst Licensing GMBH & Co, KG. Ward, Smith & Hill was assisted by attorneys from DiNovo Price LLC in Austin. The jury returned a verdict in Papst’s favor on November 5, 2018, finding Samsung infringed two claims of Papst’s patent covering data transfers in phones and tablets. Case No. 6:18cv388; Papst Licensing GMBH & Co, KG v. Samsung Electronics Co., Ltd., et.al.
April 10, 2018 - Attorney Johnny Ward, along with attorneys from Caldwell Cassady & Curry, helped VirnetX win a $502.6 million patent infringement verdict against Apple Inc. The liability and damages verdict was returned on April 10 at the end of a seven-day trial, and the willful infringement finding was returned the following day. This verdict is the third jury verdict in the past two years that lawyers with Ward, Smith & Hill, PLLC, have secured for VirnetX in its long-running legal battle with Apple. VirnetX Inc. et al v. Apple Inc., No. 6:12-cv-00855, in the Eastern District of Texas, Tyler Division.
January 25, 2018 - Wesley Hill, Andrea Fair, and co-counsel at Fish & Richardson, PC represented TicketNetwork.com in a breach of contract action and successfully defeated CEATS’ claim for over $16,000,000.00 in damages. CEATS, Inc. v. TicketNetwork, Inc., No. 2:15-cv-1470, U.S. District Court for the Eastern District of Texas, Marshall Division.
September 15, 2017 - Wesley Hill and co-counsel at Winston & Strawn LLP successfully defended Alixa Rx LLC and Golden Gate National Senior Care LLC d/b/a Golden Living Centers against claims of misappropriation of trade secrets, patent infringement, fraud, and breach of contract, defeating three of the four claims at issue and producing in an award of less than five percent of the damages requested by Plaintiff. Tech Pharmacy Services, LLC v. Alixa Rx LLC et al, No. 4:15-cv-776; in the Eastern District of Texas, Sherman Division.
August 7, 2017 - Wesley Hill, Johnny Ward, and Andrea Fair served as co-counsel with Covington for Elbit Systems Ltd. and secured a $21.1 million patent infringement verdict against Hughes Network Systems LLC. Elbit Systems of America LLC et al. v. Hughes Network Systems LLC, No. 2:15c-00037, in the Eastern District of Texas, Marshall Division.
March 24, 2017 - Name partner Wesley Hill, along with attorneys from Ahmad, Zavitsanos, Anaipakos, Alavi, & Mensing, P.C., secured a $9.17 million patent infringement verdict and willfulness finding for Saint Lawrence Communications LLC against Motorola Mobility LLC. Saint Lawrence Communications LLC v. Motorola Mobility LLC; No. 2:15-CV-351; in the Eastern District of Texas, Marshall Division.
March 10, 2017 - Serving as lead counsel, Johnny Ward, along with attorneys from Morrison & Foerster, LLP and Gillam & Smith, LLP, secured a $7.6 million verdict for Whirlpool Corporation against TST Water, LLC. Whirlpool Corporation v. TST Water, LLC; No. 2:15-CV-1528; in the Eastern District of Texas, Marshall Division.
September 30, 2016 - Attorney Johnny Ward, along with attorneys from both Caldwell Cassady & Curry and Parker, Bunt & Ainsworth, PC, helped VirnetX win a $302 million patent infringement verdict against technology powerhouse Apple Inc. Earlier this year, Mr. Ward helped the same client win a $625 million verdict, but that award was later vacated and the trial court split the case into two separate trials. VirnetX Inc. et al v. Apple Inc., No. 6:10-cv-00417, in the Eastern District of Texas, Tyler Division.
September 14, 2016 - Name partner Wesley Hill of Ward, Smith & Hill, PLLC, recently helped firm client Cellular Communications Equipment, LLC, win a $22 million patent infringement verdict against iPhone manufacturer Apple Inc. Cellular Communications Equipment LLC v. Apple Inc., et al; No. 6:14-cv-251, In the Eastern District of Texas, Tyler Division.
March 21, 2016 - Attorney Bruce A. Smith secured a $6 million settlement for an individual who suffered severe injuries in an automobile collision. Geneva Kay Downey as Guardian of the Person and Estate of Don Paul Downey, Jr. and Sarah Heald, as Next Friend for Dayton Downey and Slade Downey, Minors v. Mike Cisneros, Inc. dba 4C Construction and Jesus Pena; No. CV16-0070-3; In the 3rd Judicial District Court of Henderson County, Texas
February 3, 2016 - Attorneys Johnny Ward and Claire Abernathy Henry , along with attorneys from both Caldwell Cassady & Curry and Parker, Bunt & Ainsworth, PC, helped VirnetX win a $625.6 million patent infringement verdict against technology powerhouse Apple Inc. VirnetX Inc. et al v. Apple Inc, No. 6:12-cv-00855-RWS, in the Eastern District of Texas, Tyler Division.
June 11, 2015 - Attorneys Wesley Hill, along with Christopher Banys of Banys, P.C., secured a noteworthy patent infringement verdict on behalf of the surviving family members of Dallas inventor Charles Freeny Jr. Charles C. Freeny, III, et al. v. Murphy USA, Inc., No. 2:13-CV-791, In the Eastern District of Texas, Marshall Division.
February 13, 2015 - Our attorneys, along with attorneys from Ahmad, Zavitsanos, Anaipakos, Alavi, Mensing and Heim, Payne & Chorush LLP, won a patent infringement verdict in a case involving two patents that covered the same Bluetooth technology commonly found in many of today’s hand-held electronic devices. Rembrandt Wireless Technologies, LP v. Samsung Electronics Co. LTD., et al; No. 2:13-cv-00213-JRG-RSP; U.S. District Court for the Eastern District of Texas, Marshall Division.
June 20, 2014 - Our team prevailed in not one but two jury trials, defeating TI's invalidity defenses and securing a substantial award of damages against TI for infringing our client's Ethernet technology patent. U.S. Ethernet Innovations, LLC v. Texas Instruments Inc., No. 6:11-CV-491, U.S. District Court for the Eastern District of Texas, Tyler Division.
May 12, 2014 - We secured a substantial settlement for an individual who suffered multiple injuries in a motorcycle accident. Robert C. Goudy v. Shannon Syme; Cause No. 2013-1004-A; In the 188th Judicial District Court of Gregg County, Texas
October 20, 2014 - We, along with a team of attorneys from New York, Florida and Texas, helped a whistleblower plaintiff and the U.S. government win a sizable federal jury verdict against Dallas-based Trinity Industries Inc. for selling dangerous guardrail systems to the Federal Highway Administration. USA re Joshua Harman v Trinity Industries, Inc.; No. 2:12-cv-00089-JRG; U.S. District Court for the Eastern District of Texas, Marshall Division.
April 3, 2013 - Our attorneys, along with attorneys at Rice & Kendig, successfully obtained a significant settlement for the Estate of an individual who died from injuries suffered in a motor vehicle accident against Steadfast Concrete Inc. Gene Payne, Executor of the Estate of Sandy Dunn v. Steadfast Concrete, Inc. and Jesus Reyes Garcia, No. 2:12cv316, U.S. District Court for the Eastern District of Texas, Marshall Division.
March 1, 2013 - We successfully obtained a take-nothing jury verdict for defendants Medallion Foods Inc. and Ralcorp Holdings Inc. in a patent and trademark infringement and theft of trade secrets case. Frito-Lay North America Inc. v. Medallion Foods Inc., et al., No. 4:12cv74, U.S. District Court for the Eastern District of Texas, Sherman Division.
March 28, 2012 - We obtained a summary judgment of non-infringement for patent defense client Tickets.com before participating in the invalidity phase of trial, which resulted in a jury verdict invalidating all of the plaintiff's asserted patents. CEATS Inc. v. Continental Airlines Inc., et al., No. 6:10-CV-120, U.S. District Court for the Eastern District of Texas, Tyler Division.
May 23, 2011 - Our team won a substantial patent infringement verdict for a developer of antennas for wireless devices following a trial against global technology giant Samsung Electronics. Fractus, S.A. v. Samsung Electronics Co. Ltd., et al., No. 6:09cv203, U.S. District Court for the Eastern District of Texas, Tyler Division.
March 17, 2011 - Attorneys from Ward, Smith & Hill secured a sizeable verdict upholding six patent infringement claims against wireless telephone powerhouse Verizon. Cheetah Omni LLC v. Verizon Services Corporation, et al., No. 6:09-cv-00260, U.S. District Court for the Eastern District of Texas, Tyler Division.
July 19, 2010 - We helped our client reach a favorable, mid-trial settlement with multiple defendants in a patent infringement lawsuit. Network-1 Security Solutions Inc. v. Cisco Systems Inc., et al., No. 6:08-cv-00030-LED, U.S. District Court for the Eastern District of Texas, Tyler Division.
June 10, 2010 - We obtained a significant verdict and final judgment for our client after a federal jury found willful and literal patent infringement covering nine asserted claims. ReedHycalog UK Ltd., et al. v. Diamond Innovations Inc., No. 6:08-cv-00325-LED, U.S. District Court for the Eastern District of Texas, Tyler Division.
May 11, 2010 - We helped our client Aruba Networks Inc. secure a favorable settlement in a patent infringement case after first day of trial. Commil USA, LLC v. Cisco Systems, Inc., et al., No. 2:07-cv-00341-EC, U.S. District Court for the Eastern District of Texas, Marshall Division.
March 5, 2010 - We convinced a jury to reject claims of trade dress infringement and patent infringement against our client in this federal trial. Colucci v. Callaway Golf Company, No. 6:08-CV-288, U.S. District Court for the Eastern District of Texas, Tyler Division.
January 13, 2010 - We successfully defended retailer Target Corp. in an infringement lawsuit over a patent related to a baby stroller. Joovy LLC & Albert T. Fairclough v. Target Corporation, No. 3:06-CV-616, U.S. District Court Northern District of Texas, Dallas Division.
November 4, 2009 - Our attorneys helped an oil field operator win a substantial verdict against an oil field services company based on extensive damage done during a repair procedure on an oil well. D-S-B Properties Inc. v. Basic Energy Services Inc., No. 07-2869-B, 114th Judicial District Court in Smith County, Texas.
May 27, 2009 - Our team won a sizeable verdict for an individual business owner in this breach-of-contract case. Scott D. Martin vs. Ruben S. Martin III, No. 2008-961-A, 188th Judicial District Court of Gregg County, Texas.
August 25, 2008 - This patent infringement trial ended with a substantial verdict against a major vehicle leasing company on behalf of our client. epicRealm Licensing LLC v. Autoflex Leasing Inc., et al., No. 2:05-cv-00163, U.S. District Court for the Eastern District of Texas, Marshall Division.
April 2008 - A successful defense verdict was obtained after a federal jury rejected patent infringement claims filed against our client. Sofpool LLC v. Intex Recreation Corp., No. 2:07-CV-97, U.S. District Court for the Eastern District of Texas, Marshall Division.
May 29, 2007 - Our attorneys secured a sizeable patent infringement verdict covering patents used in a computer program for the sale of automobile parts. Orion IP LLC v. Hyundai Motor America, No. 6:05-CV-00322-LED, U.S. District Court for the Eastern District of Texas, Tyler Division.
May 2006 - In this patent infringement case, our client was awarded a substantial verdict based on a patent used in an implanted device that helps tracks lost pets through radio signals. Avid Identification Systems Inc. v. Datamars, et al., No. 2:04-CV-183, U.S. District Court for the Eastern District of Texas, Marshall Division.
April 19, 2006 - We helped our client win one of the largest patent infringement verdicts ever handed down against computer giant Microsoft and other defendants. z4 Technologies Inc. v. Microsoft Corporation and Autodesk Inc., No. 6:06-CV-142, U.S. District Court for the Eastern District of Texas, Tyler Division.
April 17, 2006 - Our team helped win a substantial verdict for the family of a woman who was killed by her husband. Firm founder Johnny Ward later was brought in as a special assistant district attorney, and helped win a murder conviction against the woman's husband. To read more, click here. Carrel Byrum, Dean Byrum and Stephanie Moulton, Individually and as an Heir of the Estate of Rebecca Moulton v. David Len Moulton, No. 04-C-547, 5th Judicial District Court of Cass County, Texas.
January 2005 - Our client was awarded a sizeable verdict against technology giant Samsung in this patent infringement trial. Qinetiq Limited v. Samsung Electronics America Inc., et al., No. 2:03-CV-221, U.S. District Court Eastern District of Texas, Marshall Division.
