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Warren J. McCarty


Warren J. McCarty

 

Warren J. McCarty
wmccarty@caldwellcc.com
Direct Line: (214) 888-4852
2121 N. Pearl St.
Suite 1200
Dallas, TX 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 a skilled trial lawyer with significant experience litigating high-stakes cases in courtrooms across the country. Mr. McCarty advocates for a diverse array of clients, from individual plaintiffs and budding startups to large publicly traded technology companies. His expertise covers a broad range of legal matters that include intellectual property disputes, class actions, trade secret claims, and commercial disputes.

Mr. McCarty excels in all phases of litigation, including examining and defending witnesses at depositions and at trial, writing winning briefs on critical issues, and effectively advocating for his clients in the courtroom beginning at the early stages of the case and continuing all the way through trial. His track record demonstrates his unique ability to translate diligence and critical thinking into successful outcomes for clients.

In just the last five years, Mr. McCarty has been a member of small trial teams that have won over $1 billion in jury verdicts. He is recognized on the exclusive Texas Rising Stars list of the state’s top young lawyers for his work in intellectual property cases.

Mr. McCarty is admitted to practice before the U.S. District Courts for the Northern, Eastern, and Western Districts of Texas, as well as the U.S. Court of Appeals for the Federal Circuit. He also is admitted to the Illinois and Texas bars. His experience spans across the United States, having litigated cases in federal courts in states such as California, Delaware, Texas, and Arizona.

Mr. McCarty received his legal training from the University of Virginia School of Law, where he served as Editor-in-Chief of the Virginia Law & Business Review and interned for the Hon. Frederick J. Kapala in the U.S. District Court for the Northern District of Illinois. During law school, he developed a symposium focused on innovation and technology in the health care industry that attracted many industry CEOs and entrepreneurs.

Prior to his legal studies, Mr. McCarty earned his degree in Business Administration, summa cum laude, from Illinois State University, where he was also a member of the varsity football team. As an undergraduate, Mr. McCarty received numerous awards for his academic achievements, including the W.E. Ruebush Endowed Scholarship for academic excellence and the President’s Council Academic Award from the Missouri Valley Football Conference.

Mr. McCarty started his career in the litigation department at Winston & Strawn in Chicago, where he assisted in litigating a variety of trial and appellate matters.

 

Representative Matters

 

SAS Institute Inc. v. World Programming Limited, et al.
Mr. McCarty 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. McCarty 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.

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. McCarthy 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. McCarthy 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. McCarthy 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


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.