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Warren J. McCarty

Warren J. McCarty


Warren J. McCarty
Direct Line: (214) 888-4852
2101 Cedar Springs Rd.
Suite 1000
Dallas, Texas 75201

University of Virginia School of Law
J.D., 2013

Virginia Law & Business Review

Illinois State University
B.S. in Business Administration, 2009, summa cum laude

Warren McCarty is an associate at the firm. His practice focuses on patent litigation. Mr. McCarty has represented companies of all sizes with patented technologies covering semiconductor packaging, telecommunications and computer networking, digital audio systems, and enterprise software.

Mr. McCarty has litigated patent cases in federal courts throughout the country. He has significant experience in all phases of litigation, including examining and defending witnesses at depositions and at trial, as well as writing critical briefs, motions, and oppositions to motions that have led to favorable results for his clients.

At Caldwell Cassady & Curry, Mr. McCarty has been a member of small trial teams that have obtained over $1 Billion in jury verdicts since 2015.

He is admitted to practice before the U.S. District Courts for the Northern and Eastern Districts of Texas, as well as the Court of Appeals for the Federal Circuit.

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. He graduated from the University of Virginia School of Law, where he was Editor-in-Chief of the Virginia Law & Business Review.

During law school, he developed a symposium focused on innovation and technology in the health care industry, attracting many industry CEOs and entrepreneurs. Mr. McCarty also interned for the Honorable Frederick J. Kapala in the U.S. District Court for the Northern District of Illinois. He earned his BS in Business, summa cum laude, from Illinois State University in 2009, where he was also a member of the varsity football team. Mr. McCarty is admitted to the Illinois State Bar.

Representative Matters

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

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.