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Daniel R. Pearson


Daniel R. Pearson

 

Daniel R. Pearson
dpearson@caldwellcc.com
Direct Line: (214) 888-4845
2121 N. Pearl St.
Suite 1200
Dallas, Texas 75201

Education
Southern Methodist University Dedman School of Law
J.D., 2009, magna cum laude, Order of the Coif, Hatton W. Sumners Scholar

SMU Law Review Association
Articles Editor

Oklahoma Baptist University
B.A. (English), 2005, summa cum laude



Daniel R. Pearson is a principal at Caldwell Cassady & Curry who focuses on complex commercial litigation and patent infringement disputes. He has represented both plaintiffs and defendants in federal and state courts and before the U.S. International Trade Commission.

Mr. Pearson’s legal track record includes extensive work in patent, trademark, trade secret, business tort, contract, class action, and co-founder disputes. He has helped secure multiple multimillion-dollar verdicts as a member of various trial teams. His experience covers the entire spectrum of litigation, including pre-suit investigation, developing case strategy, securing evidence for claims, working with expert witnesses, taking adverse depositions of key witnesses (both fact and expert), pre-trial disputes, dispositive motions, trial, appeal, and executing judgments.

Based on his work for his clients, Mr. Pearson has been recognized as one of the top young lawyers in the state since 2014 on the annual Texas Super Lawyers Rising Stars list published by Thomson Reuters legal division.

Mr. Pearson is licensed to practice before all Texas state courts and the U.S. District Courts for the Southern, Eastern and Western Districts of Texas.

Mr. Pearson has played a key role in a variety of patent disputes, including technology related to video conferencing, dating applications, electronic checking transfers, dynamically configurable computer processors, embedding interactive objects in web pages, methods for improving the speed and efficiency of web servers, systems for facilitating the creation of secure communication links, and systems related to fighting data piracy.

Prior to the formation of Caldwell Cassady & Curry, he represented a wide range of clients at McKool Smith across a variety of industries, including contract disputes related to purchasing private jets, publishing best-selling novels, selling auction rate securities, non-payment of wages, and developing real estate related to The Rangers Ballpark in Arlington.

Mr. Pearson is a magna cum laude graduate of Southern Methodist University’s Dedman School of Law. While in law school, he was one of six students selected in his entering class to receive the prestigious Hatton W. Sumners Foundation Scholarship in recognition of academic achievement, commitment to civic duty, and leadership.

 

Representative Matters

 

Match Group, LLC v. Bumble Trading, Inc.
Mr. Pearson represents Match Group, owner of numerous popular online dating brands including the iconic Tinder application, in a highly publicized intellectual property and business dispute with competitor Bumble in the U.S. District Court for the Western District of Texas.
Acantha LLC v DePuy Synthes
Mr. Pearson served as counsel for Acantha LLP in a patent infringement lawsuit against medical device manufacturer DePuy Synthes, a subsidiary of healthcare giant Johnson & Johnson. DePuy was sued based on its infringement of an Acantha patent that covers an orthopedic implant assembly used in surgical procedures. Following the August 2018 trial in the U.S. District Court for the Eastern District of Wisconsin, a jury of five women and three men delivered a unanimous $8.2 million verdict in favor of Mr. Pearson’s client.

VirnetX, Inc. v. Apple, Inc.
Mr. Pearson represents VirnetX in the company’s ongoing litigation against Apple for 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, it was consolidated with a subsequent lawsuit covering newer products that Apple marketed after the first trial. In the consolidated trial, Mr. Pearson and other attorneys at Caldwell Cassady & Curry won again; securing a $625 million verdict for VirnetX in February 2016 after another Eastern District jury found that Apple continued to infringe VirnetX’s patents following the first trial. 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 covering newer and older products for two separate jury trials.

In the first new trial heard in October 2016, Mr. Pearson helped VirnetX win once again, securing a $302 million verdict against Apple. The verdict was entered as a $439.7 million judgment in September 2017.

In the second new trial heard in April 2018, a different Eastern District jury awarded a unanimous verdict of $502.6 million in favor of VirnetX after finding Apple’s infringement was willful. The entire verdict amount was entered as a judgment in August 2018.


VirnetX, Inc. v. Microsoft Corp.
Daniel represented VirnetX in its second patent infringement action against Microsoft involving virtual private network technology. In 2011, a jury awarded VirnetX $105 million in its verdict and found that Microsoft’s infringement had been willful. The case settled after VirnetX moved for a permanent injunction. Following Microsoft’s acquisition of Skype, VirnetX was again forced to defend its patent rights. Daniel worked on all aspects of this case up until the time VirnetX obtained a favorable settlement from Microsoft.

Smartflash LLC v. Apple, Inc. et al., Smartflash LLC v. Samsung Electronics Co. Ltd., HTC Corp., et al., and Smartflash LLC v. Google, Inc. et al..
Daniel represents Smartflash in its patent infringement actions involving Smartflash’s data storage and access system patents, which are infringed by Apple’s iTunes store and the Google Play feature in Samsung’s and HTC’s products. In February 2015, a jury awarded Smartflash $532,900,000 in its verdict and found that Apple’s infringement was willful. Daniel has worked on all aspects of these cases, including taking and defending depositions, assisting with expert reports and depositions, briefing Daubert motions, arguing at pre-trial hearings, preparing evidence for trial, and being instrumental in the admission of trial exhibits and objections to evidence at trial.

LML Patent Corp. v. JP Morgan Chase & Co.
While at McKool, Daniel was part of the team representing LML in a patent infringement action against multiple defendants involving electronic checking transfers. Daniel was instrumental in this case, assisting in all aspects of discovery, including written discovery, taking fact and expert depositions, assisting with expert reports, briefing Daubert motions, and preparing evidence for trial. Daniel assisted LML in obtaining favorable settlements.

PACT XPP Technologies, AG v. Xilinx, Inc.
While at McKool, Daniel was part of the team defending Xilinx against patent infringement claims involving dynamically configurable computer processors. Daniel worked on many aspects of this case, including assisting with expert reports and depositions, briefing Daubert motions, preparing evidence for trial, and assisting with the presentation of trial testimony.

MetroPCS v. Merrill Lynch & Co.
While at McKool, Daniel was part of a team representing MetroPCS in a contract dispute related to auction rate securities. Daniel assisted in a variety of discovery functions.

Gatlin v. M. Brown Books Publishing Group, Inc.
While at McKool, Daniel served as lead counsel for Ms. Gatlin in a contract dispute related to her first novel. Daniel worked on all aspects of the case, including issues related to discovery. Daniel assisted in obtaining Ms. Gatlin a favorable settlement.