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Brian D. Johnston


Brian D. Johnston

 


bjohnston@caldwellcc.com
Direct Line: 214-888-4971
2121 N. Pearl St.
Suite 1200
Dallas, Texas 75201

Education
New York University School of Law
J.D., magna cum laude, 2008

Rice University
B.S., Electrical Engineering, cum laude, 2005



Brian Johnston is a principal at Caldwell Cassady & Curry who focuses on intellectual property litigation and complex commercial litigation. He represents both plaintiffs and defendants in all types of patent, trade secret, and copyright lawsuits in district courts across the nation and on appeal.

Prior to joining Caldwell Cassady & Curry, Mr. Johnston was a partner in the intellectual property department at Baker Botts, where he played a key role in numerous high-profile cases, trials, and appeals. He brings years of courtroom experience and is well-versed in all aspects of litigation, from pre-suit investigations and early case strategy through jury trials and appeals.

Backed by his industry experience as an electrical engineer, Mr. Johnston has represented companies and individuals in a wide variety of high technology disputes in fields such as semiconductors, electronics, telecommunications, networking, digital signal processing, and a variety of other hardware and software products.

After law school, Mr. Johnston held judicial clerkships at both the district court and appellate court levels. He served as a law clerk for the Hon. Nicholas G. Garaufis in the U.S. District Court for the Eastern District of New York, and the Hon. Jennifer Walker Elrod in the U.S. Court of Appeals for the Fifth Circuit.

Mr. Johnston is an elected Fellow of the Texas Bar Foundation and a member of the Federal Circuit Bar Association and the Dallas Bar Association. He is a magna cum laude graduate of the New York University School of Law and a cum laude graduate of the George R. Brown School of Engineering at Rice University.

Mr. Johnston is admitted to practice before all Texas and New York state courts; the U.S. Court of Appeals for the Federal Circuit; the U.S. District Courts for the Northern and Eastern Districts of Texas and the Eastern District of Wisconsin; and the U.S. Patent and Trademark Office.

Representative Matters

International Crane Manufacturer
Mr. Johnston represented an international crane manufacturer asserting trade secret misappropriation claims against a competitor relating to variable position counterweight technology. During trial on damages and punitive damages, the case settled on confidential terms and the Court entered a consent decree including a multi-year worldwide injunction.
Multinational Telecommunications Service Provider
Mr. Johnston represented a multinational telecommunications service provider defending against patent infringement claims relating to location-based services. At trial, the jury found no infringement for all asserted patents. The Federal Circuit summarily affirmed the judgment on appeal.
Multinational Network Equipment Provider
Mr. Johnston represented a multinational network equipment provider on appeal defending against patent infringement claims relating to distance learning technology. The en banc Federal Circuit ruled for his client on a key invalidity issue by overruling over a decade of settled precedent.
International Semiconductor Company
Mr. Johnston represented an international semiconductor company asserting patent infringement claims against a competitor in two different courts for patents relating to semiconductor fabrication and packaging technology for voltage regulators. The cases settled shortly after favorable claim construction rulings.
Multinational Telecommunications Service Provider
Mr. Johnston represented a multinational telecommunications service provider defending against patent infringement claims relating to Voice-over-IP routing technology. The Court invalidated the asserted patents on a motion to dismiss.
International Semiconductor Company
Mr. Johnston defended an international semiconductor company in a complex licensing dispute involving multiple breach of contract claims and patent infringement allegations concerning 17 patents relating to gallium nitride technology for use in transistors and LEDs. Mr. Johnston’s client also asserted counterclaims of patent infringement and license termination. The parties agreed to settle the case on confidential terms.
Dairy Equipment Manufacturer
Mr. Johnston represented a dairy equipment manufacturer asserting patent infringement, copyright, and trade secret misappropriation claims against a competitor relating to measurement and diagnostic technology for use in milking operations. The parties agreed to settle the case on confidential terms.