21 May 2015

John F. Summers


21 May 2015

John F. Summers


John F. Summers
Direct Line: (214) 888-4847
2121 N. Pearl St.
Suite 1200
Dallas, Texas 75201

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 a trial and appellate lawyer who focuses on commercial and intellectual property litigation as a principal at Caldwell Cassady & Curry. Mr. Summers has experience representing both plaintiffs and defendants in state and federal courts at both the trial and appellate levels.

His track record includes representing clients in patent, trademark, trade secret, business tort, contract, real property, class action, and co-founder disputes. His representations also span numerous different technologies, including VPNs, digital rights management, data center design, user interface design, orthopedic implants, and semiconductor manufacturing.

Mr. Summers’ legal experience includes all phases of complex litigation, from pre-filing investigation and strategy through appeal.

Mr. Summers has been named among the state’s top young lawyers for intellectual property litigation on the annual Texas Rising Stars list since 2018 by the publishers of Texas Super Lawyers.

Mr. Summers is licensed to practice before all Texas state courts; the U.S. District Courts for the Northern, Western, and Eastern Districts of Texas; the U.S. District Court for the Eastern District of Wisconsin; 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.

A magna cum laude graduate of Rice University, Mr. Summers later earned his law degree from the University of Texas School of Law, where he graduated with high honors. During law school, he served as an Associate Editor of the Texas Law Review and earned multiple Dean’s Achievement Awards, which he claimed as the most outstanding student for his coursework in Civil Procedure, Federal Courts, Environmental Law, and Trademarks.


Representative Matters


SAS Institute Inc. v. World Programming Limited, et al.
The firm defended 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 filed by SAS Institute in the U.S. District Court for the Eastern District of Texas. The lawsuit alleged that World Programming’s analytics software infringes intellectual property owned by SAS Institute. This was the latest in a decade-long string of lawsuits that SAS Institute has brought against its direct competitor, World Programming. In Fall 2020, the firm obtained a complete defense victory. On the eve of trial, the district court sided with World Programming and dismissed SAS Institute’s case with prejudice. Firm attorneys continue to represent World Programming in SAS Institute’s appeal to the Federal Circuit.

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.

Match Group, LLC v. Bumble Trading, Inc.
The firm represented Match Group, LLC, owner of numerous online dating brands, including the iconic Tinder application, in a highly publicized intellectual property and business dispute with competitor Bumble Trading Inc. in the U.S. District Court for the Western District of Texas.

Robert E. Morley, Jr., et al. v. Square, Inc., et al.
Mr. Summers represented plaintiffs REM Holdings and university professor Dr. Robert Morley Jr. in his claims over the founding of mobile payments company Square. The parties entered into a mutually agreeable settlement in 2016.

Smartflash LLC, et al. v. Apple Inc., Samsung Electronics, et al.
Mr. Summers represented Smartflash in the company’s claims against Apple, Samsung, Google and Amazon involving patents related to data-storage and access systems. Mr. Summers was a member of the trial team that helped Smartflash win a $532.9 million willful infringement verdict against Apple.

VirnetX, Inc. v. Apple Inc.
Caldwell Cassady & Curry represents VirnetX in the company’s patent infringement litigation against technology giant Apple Inc. In a dispute that the Eastern District of Texas trial court said has attained Dickensian proportions, Caldwell Cassady & Curry has helped VirnetX win favorable verdicts in five separate trials where each jury awarded over $300 million in damages.

In late 2012, we helped VirnetX win a $368 million verdict when a federal jury determined that Apple had infringed four VirnetX patents to produce the VPN On Demand and FaceTime features in the popular iPhone and other Apple products.

After the case was sent back for a new trial on damages, we won again by securing a $625 million verdict for VirnetX in February 2016 after jurors in the U.S. District Court for the Eastern District of Texas found that Apple continued to infringe VirnetX’s patents following the first trial to produce the FaceTime and re-designed VPN On Demand features. 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 for two separate jury trials focusing on different versions of Apple features.

In the first new trial heard in September 2016 pertaining to the earlier generations of products, we helped VirnetX win a $302 million verdict against Apple before a new Eastern District jury. 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. After that verdict was sent back for a new trial on damages, a final trial was held in Fall 2020, again in the Eastern District of Texas. In that trial, we secured a $502.8 million jury verdict following the Federal Circuit’s affirmance of the 2018 finding that Apple’s VPN On Demand in iOS versions 7.0 and later infringed VirnetX’s patents. The district court later denied Apple’s request for a new trial and entered the jury’s verdict in favor of VirnetX as a final judgment.


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