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J. Austin Curry


J. Austin Curry

 

J. Austin Curry
acurry@caldwellcc.com
Direct Line: (214) 888-4842
2121 N. Pearl St.
Suite 1200
Dallas, Texas 75201

Education
University of Virginia School of Law
J.D. 2007

Southern Methodist University
BS Electrical Engineering and BS Mathematics, 2004 summa cum laude.



John Austin Curry is a principal at Caldwell Cassady & Curry who focuses on patent infringement disputes and cases involving advanced technologies, including various technologies in the fields of electrical engineering, computer science, oil field services, and medical devices. Mr. Curry has helped clients win verdicts at trial totaling more than $2 billion.

Mr. Curry’s work is consistently recognized by his peers in the legal community, including his selection to the 2017 edition of The Best Lawyers in America and the 2016 Best Lawyers in Dallas list published by D Magazine. He also has been recognized on the annual Texas Super Lawyers Rising Stars list of the state’s top young attorneys since 2014, including being ranked among the state’s Top 100 in 2017.

Mr. Curry is licensed to practice before all Texas and New York state courts, the U.S. District Courts for the Northern, Southern, Eastern and Western Districts of Texas, the U.S. District Court for the Eastern District of Missouri, the U.S. District Court for the Eastern District of Wisconsin, the U.S. Court of Appeals for the Federal Circuit, and the U.S. Supreme Court.

Prior to founding Caldwell Cassady & Curry, Mr. Curry worked in industry at a semiconductor manufacturer where he developed a software application for secure near-range consumer transactions to demonstrate the potential of a reduced instruction set chipset.

Mr. Curry earned his law degree from the University of Virginia School of Law after graduating valedictorian in his engineering and mathematics class at Southern Methodist University. He now serves as a member of SMU’s Lyle School of Engineering Executive Board.

Firm Honors

  • Texas Intellectual Property Litigation Department of the Year (2017) – Texas Lawyer
  • #1 U.S. Plaintiffs’ Patent Firm – IAM Patent 1000 – The World’s Leading Patent Professionals
  • Top 100 U.S. Verdicts of 2016 (3 verdicts) – The National Law Journal/VerdictSearch
  • #1 Texas Intellectual Property Verdict (2016) – The National Law Journal/VerdictSearch
  • Top 50 Recoveries (2015-2016) – The National Law Journal
  • Best Law Firms (2017) – The Best Lawyers in America/U.S. News & World Report
  • Top Patent Damage Awards Won Since 2000 (2015) – Law360
  • Top 100 U.S. Verdicts of 2015 – The National Law Journal/VerdictSearch
  • #1 Texas Intellectual Property Verdict (2015) – The National Law Journal/VerdictSearch

 

Representative Matters

 

SAS Institute Inc. v. World Programming Limited, et al.
The firm defended World Programming Limited, YUM! Brands, Inc., Luminex Software, Inc., Pizza Hut, Inc., and Shaw Industries Group, Inc., in a high-profile copyright and patent case filed by SAS Institute in the U.S. District Court for the Eastern District of Texas. The lawsuit alleged that World Programming’s analytics software infringes intellectual property owned by SAS Institute. This was the latest in a decade-long string of lawsuits that SAS Institute has brought against its direct competitor, World Programming. In Fall 2020, the firm obtained a complete defense victory. On the eve of trial, the district court sided with World Programming and dismissed SAS Institute’s case with prejudice. Firm attorneys continue to represent World Programming in SAS Institute’s appeal to the Federal Circuit.

Cellular Communications Equipment LLC v. Apple Inc.
Mr. Curry served trial counsel alongside fellow name principal Brad Caldwell on behalf of Cellular Communications Equipment LLC in a patent infringement lawsuit against Apple Inc. over a network technology patent. Following a trial heard in September 2016 in the U.S. District Court for the Eastern District of Texas, jurors found Apple to be a willful infringer and awarded a $22 million verdict in favor of CCE. The award represented a running royalty on Apple’s infringement through trial.

Acantha LLC v. DePuy Synthes
Mr. Curry served as trial 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. Curry’s client.

Smartflash Litigation
The firm represented Smartflash in its patent infringement actions involving the company’s data storage and access system patents against Apple’s iTunes store and the Google Play feature in Samsung and HTC products.

VirnetX Inc. v. Apple Inc.
Caldwell Cassady & Curry represents VirnetX in the company’s patent infringement litigation against technology giant Apple Inc. In a dispute that the Eastern District of Texas trial court said has attained Dickensian proportions, Caldwell Cassady & Curry has helped VirnetX win favorable verdicts in five separate trials where each jury awarded over $300 million in damages.

In late 2012, we helped VirnetX win a $368 million verdict when a federal jury determined that Apple had infringed four VirnetX patents to produce the VPN On Demand and FaceTime features in the popular iPhone and other Apple products.

After the case was sent back for a new trial on damages, we won again by 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 to produce the FaceTime 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 focusing on different versions of Apple features.

In the first new trial heard in September 2016 pertaining to the earlier generations of products, we helped VirnetX win a $302 million verdict against Apple before a new Eastern District jury. The verdict was entered as a $439.7 million judgment in September 2017 and affirmed on appeal by the U.S. Court of Appeals for the Federal Circuit.

In the second new trial heard in April 2018 addressing the newer generations of products, a different Eastern District jury awarded a unanimous verdict of $502.6 million in favor of VirnetX after finding Apple’s infringement was willful. After that verdict was sent back for a new trial on damages, a final trial was held in Fall 2020, again in the Eastern District of Texas. In that trial, we secured a $502.8 million jury verdict following the Federal Circuit’s affirmance of the 2018 finding that Apple’s VPN On Demand in iOS versions 7.0 and later infringed VirnetX’s patents. The district court later denied Apple’s request for a new trial and entered the jury’s verdict in favor of VirnetX as a final judgment.


Dr. Robert Morley v. Square Inc.
Mr. Curry represents Dr. Morley in his suit against Square, Inc., Jack Dorsey, and Jim McKelvey for patent infringement and breach of joint-venture and fiduciary duty, misappropriation of trade secrets, and for exclusion of Dr. Morley from Square. Dr. Morley revolutionized the mobile payment industry with his invention of the Square card reader. A trial in the Eastern District of Missouri is scheduled for mid-2016.

VirnetX Inc. v. Microsoft Corp.
Mr. Curry was a member of the trial team representing VirnetX in its patent infringement action against Microsoft involving virtual private network technology. In 2011, a jury awarded VirnetX $105,000,000 in its verdict and found that Microsoft’s infringement had been willful. That case settled after VirnetX moved for a permanent injunction. In subsequent litigation involving additional infringement assertions, Microsoft settled before trial.

Bedrock Computer Techs. v. Google Inc.
Mr. Curry was a member of the trial team representing Bedrock in a suit filed against Google for patent infringement involving methods for efficiently removing expired data from information storage and retrieval systems. The case settled shortly after the jury awarded $5 million in favor of Bedrock.

i4i Limited Partnership v. Microsoft Corp.
Mr. Curry was a member of the trial team representing i4i in a suit filed against Microsoft Corporation for patent infringement involving methods for compiling and maintaining the architecture and content of a document separate from each other. The jury awarded i4i $200 million in its verdict, and i4i successfully defeated all of Microsoft’s appeals—including Microsoft’s appeal to the Supreme Court of the United States, in which the Supreme Court affirmed the clear and convincing burden for challenging the validity of a patent.