Direct Line: (214) 888-4840
2121 N. Pearl St.
Dallas, TX 75201
- EducationUniversity of Texas School of Law
Texas A&M University
B.S. Electrical Engineering 2000
Brad Caldwell is a principal at Caldwell Cassady & Curry. He is a trial lawyer who focuses on patent infringement and complex commercial litigation for both plaintiffs and defendants. Mr. Caldwell’s courtroom success before judges, juries, and arbitration panels includes cases involving digital media, telecommunications and computer networking, data security, computer imaging, medical devices, enterprise software, banking technology, and oilfield services.
Mr. Caldwell consistently is recognized by his peers in the legal community based on his work in patent disputes and business litigation. In 2019, he was named a “Titan of the Plaintiffs Bar” by the publishers of Law360 based on his trial wins during the previous 12 months. He was the only Texas attorney and one of only 20 lawyers nationwide to be included in the exclusive roster of the country’s best. Mr. Caldwell has been named one of the Best Lawyers in Dallas by his legal peers and the publishers of D Magazine since 2016 and an Intellectual Property Trailblazer by the publishers of The National Law Journal.
He was named “Litigator of the Week” by The American Lawyer magazine two different times in 2016 based on record-setting patent infringement verdicts against Apple Inc. Those jury awards of $625.6 million and $302 million were ranked as the 6th and 9th largest verdicts in the nation that year. In 2015, he helped Smartflash LLC win a $532.9 million verdict against Apple that was the year’s top Texas verdict and the largest intellectual property verdict in the U.S., ranking third nationwide overall.
Mr. Caldwell’s litigation track record also includes other jury awards ranked among the Top 100 Verdicts in the U.S. by the publishers of VerdictSearch and The National Law Journal, including $106 million against Microsoft Corp.; $22 million against Apple Inc.; and $15 million against Samsung Electronics Co. Ltd.
Mr. Caldwell was one of five lawyers nationwide and the only Texas attorney to be named to the Law360 2017 Rising Stars list in the intellectual property category. The publishers of Texas Lawyer newspaper also named him on the 2017 Lawyers on the Rise list for his work in patent cases.
In addition to earning a spot in The Best Lawyers in America since 2016, Mr. Caldwell has been named one of the Lawdragon 500 Leading Lawyers in America since 2014. He also has earned selection to the annual Texas Super Lawyers list since 2015, including being named in 2019 as one of the Top 100 attorneys in Dallas/Fort Worth, and the affiliated Texas Rising Stars list (2006-2009, 2011-2015) based on his work in patent cases. His role in helping a client win a $250 million patent verdict was featured in a 2009 profile article published by Super Lawyers magazine. In 2012, Mr. Caldwell was named a leading U.S. patent litigator by the publishers of The Legal 500, and he previously was honored by D Magazine in its annual listing of the Best Lawyers in Dallas Under 40.
Mr. Caldwell 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 the formation of Caldwell Cassady & Curry, Mr. Caldwell was a principal at McKool Smith. At the University of Texas School of Law, he received the Dean’s Achievement Award in Patent Litigation. Before attending law school, Mr. Caldwell earned a degree in electrical engineering from Texas A&M University. He now serves as a member of the electrical engineering department’s External Advisory & Development Council. During an externship from Texas A&M, Mr. Caldwell worked for a year as an electrical engineer at the Central Intelligence Agency in Langley, Virginia, where he obtained a top-secret security clearance and was awarded multiple merit-based citations.
- Texas Verdicts Hall of Fame (2019) – Texas Lawyer newspaper
- U.S. Firm to Watch (2018) – Managing Intellectual Property magazine
- 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
- SAS Institute Inc. v. World Programming Limited, et al.Mr. Caldwell 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. Caldwell 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.
- VirnetX Inc. v. Apple Inc.Mr. Caldwell represents VirnetX as lead trial counsel in the company’s ongoing litigation against Apple for infringement of VirnetX’s network security patents by Apple’s FaceTime, 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. Caldwell 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 September 2016 pertaining to earlier generations of products, Mr. Caldwell 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 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. The entire verdict amount was entered as a judgment in August 2018.
- Match Group, LLC v. Bumble Trading, Inc.Mr. Caldwell 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.
- Grace, et al. v. Apple Inc.Mr. Caldwell is lead trial counsel for a class of plaintiffs in a high-profile consumer class action case, Christina Grace et al. v. Apple Inc., in the U.S. District Court for the Northern District of California against Apple based on allegations that the technology company intentionally broke the popular FaceTime video chat feature for millions of customers. The Firm successfully defended the affected customers against Apple’s multiple attempts to dismiss the case and helped secure class certification for all California class plaintiffs in 2018. That class-certification order is currently on appeal in the U.S. Court of Appeals for the Ninth Circuit, where the Firm continues its representation of the millions of affected customers.
- Acantha LLC v. DePuy SynthesMr. Caldwell served as lead 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. Caldwell’s client.
- Dr. Robert Morley v. Square Inc.Mr. Caldwell represented Washington University in St. Louis Professor Robert Morley in his suit against Square, Inc., Jack Dorsey, and Jim McKelvey for patent infringement and breach of fiduciary duty, misappropriation of trade secrets, exclusion of Dr. Morley from Square, and related business torts after Dr. Morley invented the famous Square credit card reader and helped create the company. The court case was pending in the U.S. District Court for the Eastern District of Missouri. Mr. Caldwell also represented Dr. Morley in related inter partes review (IPR) proceedings before the Patent Trial and Appeal Board.
- Smartflash LLC matters against Apple, Samsung, HTC, Google, and AmazonMr. Caldwell served as lead trial lawyer for Smartflash in its patent infringement actions involving Smartflash’s data storage and access system patents, which were asserted against various devices and functionality involved in the operation of Apple’s iTunes Store and App Store, Google Play, and the Amazon Appstore. In February 2015, a jury found that Apple willfully infringed Smartflash’s patents with its iPhone, iPad, and iPod Touch products, found that the patents were not invalid, and awarded Smartflash $532,900,000 in compensatory damages for Apple’s infringement.
- Cellular Communications Equipment LLC v. Apple Inc.Mr. Caldwell served as lead trial counsel on behalf of Cellular Communications Equipment LLC in a patent infringement lawsuit against Apple Inc. over a network technology patent. Following a trial in September 2016 in the U.S. District Court for the Eastern District of Texas, jurors awarded a $22 million verdict in favor of CCE. The award represented a running royalty on Apple’s infringement through March 2016.
- VirnetX, Inc. v. Microsoft Corp.Mr. Caldwell represented VirnetX as trial counsel in two patent infringement actions against Microsoft involving VirnetX’s network security patents. Mr. Caldwell and the others on the team inherited the first Microsoft case from another law firm after the close of discovery and with relatively little time to prepare for trial, but they were nevertheless successful in trial. The jury found Microsoft infringed willfully, found that the patents were valid, and awarded $105,750,000 to VirnetX. The case then settled while VirnetX’s request for a permanent injunction was pending. In a subsequent matter involving additional allegations of infringement by Microsoft, Microsoft settled with VirnetX before trial.
- Summit 6 LLC v. Samsung Electronics Co. Ltd., Facebook Inc., et al.Mr. Caldwell represented Summit 6 in a patent infringement action in the U.S. District Court for the Northern District of Texas involving the company’s patents that cover the processing (e.g., compression or resizing) of images prior to transmission. Facebook, Blackberry, and Photobucket settled before trial. Samsung did not, and the dispute between Summit 6 and Samsung went to trial. In early 2013, a jury in Dallas, Texas, found in favor of Summit 6 on infringement and validity and awarded $15,000,000 to Summit 6 to compensate it for Samsung’s infringement.
- Medtronic, Inc. v. Boston Scientific Corp.Mr. Caldwell, while at his former firm, has represented Medtronic in multiple patent infringement actions involving coronary catheterization, stent design, and drug-eluting stent technology pending in the Eastern District of Texas and elsewhere. In Medtronic, Inc. v. Boston Scientific Corp., Mr. Caldwell represented Medtronic in a jury trial that resulted in a $250,000,000 verdict in Medtronic’s favor. The lawsuit settled after judgment was entered by the district court.
- Wyeth and Cordis Corp. v. Medtronic, Inc., et al.While at his previous law firm, Mr. Caldwell represented Medtronic in defense of a patent infringement lawsuit pending in the District of New Jersey where local companies Wyeth and Cordis accused Medtronic of infringing patents pertaining to the use of the drug rapamycin (now commercially known as sirolimus) to treat restenosis—re-narrowing of an artery following an angioplasty procedure. The district court granted Medtronic’s motion for summary judgment invalidating the asserted patents, resulting in a complete victory for Mr. Caldwell’s client.
- Halliburton Energy Services, Inc. v. BJ Services Corp.Mr. Caldwell successfully represented Halliburton as trial counsel in an arbitration proceeding against BJ Services Corporation (now a part of Baker Hughes, Inc.) in a case pertaining to infringement of three Halliburton patents in the field of hydraulic fracturing. While at his previous firm, Mr. Caldwell tried the case before a three-judge panel from the American Arbitration Association.
- i2 Technologies, Inc. (now JDA Software Group) v. Oracle Corp.At his previous firm, Mr. Caldwell represented i2 in a patent infringement action involving supply chain planning and application management patents. The parties reached a settlement agreement after the pretrial conference and before the beginning of trial.
- JP Morgan Chase & Co. v. Affiliated Computer Services Inc.Mr. Caldwell, while at his previous firm, defended ACS in a patent infringement lawsuit brought by JPMorgan Chase in the District of Delaware, focusing on three stored-value card patents asserted by JPMorgan. Before the close of discovery, JPMorgan unilaterally dropped all three of those patents from the lawsuit in the face of compelling noninfringement, invalidity, and inequitable conduct defenses developed by Mr. Caldwell and the team.