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John F. Summers


John F. Summers

 

John F. Summers
jsummers@caldwellcc.com
Direct Line: (214) 888-4847
2101 Cedar Springs Rd.
Suite 1000
Dallas, Texas 75201

Education
University of Texas School of Law
J.D., 2011, high honors.

Texas Law Review
Associate Editor

Rice University
B.M., 2008, magna cum laude



John Summers is an associate at Caldwell Cassady Curry, focusing on commercial and intellectual property litigation. Mr. Summers has experience in state and federal court at both the trial and appellate levels. His experience spans all phases of complex litigation, including developing preliminary case strategy, navigating the discovery process, working with expert witnesses, taking adverse depositions, briefing and arguing case-dispositive issues, crafting a successful jury charge, and preserving error at trial.

He is licensed to practice before all Texas state courts, the U.S. District Courts for the Northern and Eastern Districts of Texas, 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. He is a magna cum laude graduate of Rice University. He received his law degree from the University of Texas, where he graduated with high honors. While at Texas, he served as an Associate Editor of the Texas Law Review and also received the Dean’s Achievement Award—the award given to a class’s highest overall performer—four separate times.

 

Representative Matters

Smartflash LLC, et al. v. Apple Inc., Samsung Electronics, et al.
Mr. Summers represents Smartflash in its suits against Apple, Samsung, Google, and Amazon involving patents related to data storage and access systems. In connection with this representation, Mr. Summers has taken numerous adverse fact depositions, worked with expert witnesses, and briefed and presented oral argument regarding numerous different issues, both dispositive and non-dispositive. Mr. Summers also served as lead attorney in preparing and arguing the Court’s jury charge supporting Smartflash’s $532.9 million willful infringement verdict against Apple.

Acantha LLC v. DePuy Synthes
Mr. 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.

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.


Robert E. Morley, Jr., et al. v. Square, Inc., et al.
Mr. Summers represents Dr. Morley in his lawsuit against Square, Jack Dorsey, and James McKelvey involving claims of breach of joint venture contract, breach of fiduciary duty, and patent infringement. In connection with this representation, Mr. Summers successfully opposed the Square Defendants’ Motion to Dismiss Dr. Morley’s state-law claims as time-barred under Missouri’s borrowing statute.

Llano Holdings v. Christopher Mumby, et al.
Mr. Summers represented four international defendants in Texas state court in connection with breach of contract action related to an oil & gas exploration venture in South Africa. Mr. Summers drafted the special appearance briefs challenging personal jurisdiction, deposed the plaintiff’s president, and argued the jurisdictional challenge. In the middle of the evidentiary hearing on the special appearances, the parties entered into a favorable settlement for Mr. Summers’ clients.