Direct Line: (214) 888-4847
2121 N. Pearl St.
Dallas, TX 75201
- EducationUniversity of Texas School of Law
J.D., 2011, high honors.
Texas Law Review
B.M., 2008, magna cum laude
John Summers is a trial and appellate lawyer who focuses on commercial and intellectual property litigation as a principal at Caldwell Cassady & Curry. Mr. Summers has experience representing both plaintiffs and defendants in state and federal courts at both the trial and appellate levels.
His track record includes representing clients in patent, trademark, trade secret, business tort, contract, real property, class action, and co-founder disputes. His representations also span numerous different technologies, including VPNs, digital rights management, data center design, user interface design, orthopedic implants, and semiconductor manufacturing.
Mr. Summers’ legal experience includes all phases of complex litigation, from pre-filing investigation and strategy through appeal.
Mr. Summers has been named among the state’s top young lawyers for intellectual property litigation on the annual Texas Rising Stars list since 2018 by the publishers of Texas Super Lawyers.
Mr. Summers is licensed to practice before all Texas state courts; the U.S. District Courts for the Northern, Western, and Eastern Districts of Texas; the U.S. District Court for the Eastern District of Wisconsin; and the U.S. Court of Appeals for the Federal Circuit.
Mr. Summers is a former law clerk to the Honorable David Godbey of the Northern District of Texas and the Honorable Nathan Hecht, the now-Chief Justice of the Texas Supreme Court.
A magna cum laude graduate of Rice University, Mr. Summers later earned his law degree from the University of Texas School of Law, where he graduated with high honors. During law school, he served as an Associate Editor of the Texas Law Review and earned multiple Dean’s Achievement Awards, which he claimed as the most outstanding student for his coursework in Civil Procedure, Federal Courts, Environmental Law, and Trademarks.
- SAS Institute Inc. v. World Programming Limited, et al.Mr. Summers defends 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 brought against the companies by SAS Institute in the U.S. District Court for the Eastern District of Texas. The lawsuit alleges that World Programming’s analytics software infringes intellectual property owned by SAS Institute. This is the latest in a decade-long string of lawsuits that SAS Institute has brought against its direct competitor, World Programming. In addition to defending against the copyright and patent allegations, Mr. Summers represents World Programming in the company’s antitrust counterclaims stemming from SAS Institute’s violations of the Sherman Act and the Lanham Act, as well as other state and federal laws. The case is set for trial before the Hon. Judge Rodney Gilstrap in August 2020.
- Acantha LLC v. DePuy SynthesMr. Summers 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. Summers’ client.
- Llano Holdings v. Christopher Mumby, et al.Mr. Summers represented four international defendants in Texas state court in connection with a breach of contract action related to an oil & gas exploration venture in South Africa. In the middle of an evidentiary hearing on his client’s jurisdictional challenge, the parties entered into a favorable settlement for Mr. Summers’ clients.
- Match Group, LLC v. Bumble Trading, Inc.Mr. Summers 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.
- Robert E. Morley, Jr., et al. v. Square, Inc., et al.Mr. Summers represented plaintiffs REM Holdings and university professor Dr. Robert Morley Jr. in his claims over the founding of mobile payments company Square. The parties entered into a mutually agreeable settlement in 2016.
- Smartflash LLC, et al. v. Apple Inc., Samsung Electronics, et al. Mr. Summers represented Smartflash in the company’s claims against Apple, Samsung, Google and Amazon involving patents related to data-storage and access systems. Mr. Summers was a member of the trial team that helped Smartflash win a $532.9 million willful infringement verdict against Apple.
- VirnetX, Inc. v. Apple Inc.Mr. Summers 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. Summers 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. Summers 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.