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Warren J. McCarty


Warren J. McCarty

 

Warren J. McCarty
wmccarty@caldwellcc.com
Direct Line: (214) 888-4852
2101 Cedar Springs Rd.
Suite 1000
Dallas, Texas 75201

Education
University of Virginia School of Law
J.D., 2013

Virginia Law & Business Review
Editor-in-Chief

Illinois State University
B.S. in Business Administration, 2009, summa cum laude



Warren McCarty is an associate at the firm. His practice focuses on patent litigation, but also includes other areas of intellectual property and commercial litigation. Mr. McCarty represents companies of all sizes with technologies including telecommunications and computer networking, digital audio systems, data security and enterprise software.

He is licensed to practice before the U.S. District Courts for the Northern and Eastern Districts of Texas.

Mr. McCarty has litigated cases in federal courts throughout the country. He has significant experience in all phases of litigation, including examining and defending fact and expert witnesses at depositions, writing critical briefs, motions, and oppositions to motions that have led to favorable results for his clients, and preparing trial witnesses. In his practice, Mr. McCarty also works closely with experts in various technical fields, economists, and statisticians. Mr. McCarty was part of the small Smartflash trial team that obtained a jury trial verdict of $532.9 Million in the Eastern District of Texas in early 2015. In addition to patent litigation, Mr. McCarty works with numerous start-up and growth stage clients. He advises these companies on various subjects, including intellectual property issues.

 

Representative Matters

Smartflash LLC v. Apple, Inc. et al. and Smartflash LLC v. Samsung Electronics Co. Ltd.
Warren represents Smartflash in its patent infringement actions involving Smartflash’s data storage and access system patents. In February 2015, a jury awarded Smartflash $532,900,000 in its verdict and found that Apple’s infringement was willful. A jury trial versus Samsung and HTC related to Google Play is scheduled for late 2015.

VirnetX, Inc. v. Apple, Inc.
Mr. McCarty represents VirnetX in the company’s patent infringement litigation against Apple over the infringement of VirnetX’s network security patents by Apple’s FaceTime, iMessage, and VPN On Demand features. In the first trial against Apple in 2012, a jury in the U.S. District Court for the Eastern District of Texas found VirnetX’s patents valid and awarded a $368 million verdict based on Apple’s infringement. After the case was sent back for a new trial on damages, Mr. McCarty and other attorneys at Caldwell Cassady & Curry won again; securing a $625 million verdict for VirnetX in February 2016 after jurors in the U.S. District Court for the Eastern District of Texas found that Apple continued to infringe VirnetX’s patents following the first trial in order to produce the FaceTime, iMessage and re-designed VPN On Demand features. The jury also found that Apple’s infringement was willful regarding FaceTime and VPN on Demand. The court later vacated its order to consolidate the matters and set the cases for two separate jury trials. In the first new trial heard in October 2016, Mr. McCarty helped VirnetX win a $302 million verdict against Apple.

Windy City Innovations, LLC v. Microsoft Corp. and Windy City Innovations, LLC v. Facebook, Inc.
Warren represents Windy City Innovations in its patent infringement actions involving Windy City’s communications technology, which is infringed by Microsoft’s enterprise communications products and Facebook.com.

Chestnut Hill Sound, Inc. v. Apple, Inc.
Warren represents Chestnut Hill Sound in its patent infringement action involving its remote control audio technology. Chestnut Hill Sound revolutionized mp3 audio players with its popular audio system George™. George™ was named one of Macworld Magazine’s Best of Show Award winners and was subsequently recognized as a Product of the Year by PC World and Macworld magazines.

VirnetX, Inc. v. Microsoft Corp.
Warren represented VirnetX in its recent patent infringement action against Microsoft involving virtual private network technology. After a jury a jury awarded VirnetX $105 million in 2011, Warren represented VirnetX in a subsequent action in the Eastern District of Texas related to Microsoft’s Skype technology. The case settled on confidential terms in late 2014.

Warren has also worked on numerous pro bono cases, including successfully briefing an Eritrean asylee’s asylum petition before the Seventh Circuit.

Warren started his career in the litigation department at Winston & Strawn in Chicago, IL. At Winston, Warren assisted in litigating a variety of trial and appellate matters. Warren attended the University of Virginia School of Law, where he was Editor-in-Chief of the Virginia Law & Business Review. While in law school, he developed a symposium focused on innovation and technology in the health care industry, attracting many industry CEOs and entrepreneurs. Also while at UVA, he collaborated with a small group of UVA students to launch Rivanna Investments, a student-run investment fund entrusted with $100,000 in seed money from the UVA Law School Foundation. During his first summer at UVA, Warren interned for the Honorable Frederick J. Kapala in the United States District Court for the Northern District of Illinois. Before law school, he worked in the health care industry.

Warren earned his BS in Business summa cum laude from Illinois State University in 2009, where he was also a member of the varsity football team. Warren is admitted to the Illinois state bar.