Jeffrey R. Bragalone

Shareholder

Jeff’s practice focuses on complex commercial litigation, with an emphasis on patent and other intellectual property matters and technology-related cases. His litigation experience covers semiconductors, liquid crystal displays, database software, cellular communications, wireless networks, and memory technology.

Jeff also has significant expertise in trade secrets, software licensing, trademark, copyright, and trade dress litigation. Before forming Bragalone Olejko Saad PC, he was a name partner in a Dallas intellectual property boutique law firm and a partner at McKool Smith, P.C.

CSS Accordion Education

J.D., with honors, University of Texas School of Law, 1987
B.A., honors program, University of Kansas, 1984

Court Admissions

United States Supreme Court
United States Court of Appeals for the Federal Circuit
United States Court of Appeals for the Fifth Circuit
United States Court of Appeals for the Eighth Circuit
United States Court of Appeals for the D.C. Circuit
United States Court of Federal Claims
United States District Courts for the Northern, Southern, Eastern and Western Districts of Texas
Supreme Court of Texas
Texas State Courts

Bar Associations

American Bar Association
State Bar of Texas
Dallas Bar Association
Federal Circuit Bar Association

Recognition

Selected to the IAM Patent 1000: The World’s Leading Patent Professionals, 2017-2020
Selected for inclusion in Thomson Reuters’ “Super Lawyers” Edition, 2003-2020
Best Lawyers, Intellectual Property Law, U.S. News and World Report, 2016-2020
“Best Lawyers in Dallas” – Business Litigation, D Magazine, 2013, 2017-2020
“Best Lawyers in Dallas” – Intellectual Property Litigation, D Magazine, 2011, 2016
“The 40 Best Lawyers Under 40 in Dallas,” D Magazine, 2002
“Outstanding Young Lawyer for Dallas County,” Dallas Association of Young Lawyers, 1997
“President’s Award of Merit” for public service to the State of Texas, Texas Young Lawyers Association, 1996, 1997
Barrister, Patrick Higginbotham Inn of the American Inns of Court, 1994-1997

Activities

Dallas Theater Center, President of the Board, 2014 to present; Trustee since 2012
Texas Bar Foundation, Life Fellow
Dallas Bar Foundation
Dallas Association of Young Lawyers Foundation
Institute for Law and Technology, Executive Committee, 2014-2020
Co-Chair, Dallas Bar Association Bench-Bar Conference Committee, 2005, 2006
CLE Advisory Committee of the Southwestern Legal Foundation, 1998-2002
Director, Texas Young Lawyers Association, 1996-2000

Presentations and Publications

Insights of Former E.D. Tex. Jurors. Going to the Horse’s Mouth, presented at the 23rd Annual Eastern District of Texas Bench Bar Conference, September 24, 2019
Patent Damages – Hot Topics, panel discussion, presented at the 22nd Annual Eastern District of Texas Bench Bar Conference, October 18, 2018
Deciding Where to File a Case – What Makes a Favorable Venue?, Peeking Inside the Decision-Making Process (panel discussion), presented at the 21st Annual Eastern District of Texas Bench Bar Conference, October 6, 2017
Waiting for Heartland: Venue Tactics Until the U.S. Supreme Court Decision IPO IP Chat Channel, (panel discussion), February 1, 2017
Patent Law Retrospective (panel discussion), presented at the 53rd Annual Conference on Intellectual Property Law, The Center for American and International Law, November 16, 2015
Intellectual Property: A Delicate Balance, lecture for the International Academy Course, The Center for American and International Law, May 30, 2013
The Ongoing Restriction on Damages – A Persistent Devaluation of Patents, presented at the HG Litigation Patent Seminar, Dallas, TX, June 2012
Recent and Emerging Trends in Patent Infringement Damages, panel discussion with Chief Judge Randall R. Rader of the Federal Circuit, presented at the New York IP Conference, New York, NY, December 2011
Trials and Tribulations – How to Win When It Comes to Litigation: Jurisdictional and Venue Considerations in Adversary Proceedings, presented at the Seminar “Best Practices in Chapter 11 Bankruptcy Cases,” Center for American and International Law, April 1, 2005
Class Action Update, presented at the Advanced Civil Litigation Seminar, University of Houston Law Foundation, April 2003
Confidentiality Agreements: Obtaining, Contesting, and Enforcing Them, presented at the Advanced Civil Discovery Seminar, University of Houston Law Foundation, April 12 and April 26, 2002
Effective Discovery Strategies: Asking for What You Want, Getting What You Need, and Reducing Discovery Expenses, presented at the Advanced Civil Discovery Seminar, University of Houston Law Foundation, May 31 and June 7, 2001
Interpreting IT Cases for the Trier-Of-Fact, presented at Mealey’s IT Systems Failure Litigation Seminar, New Orleans, LA, March 2001
Discovery Strategies Under the New Rules, presented at the Advanced Litigation and Trial Tactics Course, University of Houston Law Foundation, May 11 and May 18, 2000
Winning With Technology—The “Paperless Litigation,” presented at LegalTech ’99 Seminar, Dallas, TX, September 9, 1999

Representative Matters

Representing Relator in United States ex rel. Mitchell v. CIT Bank, N.A., d/b/a OneWest Bank, and CIT Group, Inc., Civil Action No. 4:14-cv-833 (ALM), a qui tam action based on allegations relating to the failure to administer HAMP programs.
Representing Super Interconnect Technologies, LLC as lead counsel in multiple patent litigation matters in Texas and Delaware involving patents related to high-speed data transfer protocols in mobile devices. All matters resolved favorably to the client.
Representing Cellular Communications Equipment, LLC in multiple patent litigation actions across the country regarding patents covering wireless communications and mobile networks. All matters to date have resolved favorably to the client.
Represented complainant in a Section 337 Investigation involving solid state drive technology, In the Matter of Certain Solid State Storage Drives, Stacked Electronics Components, and Products Containing Same, Investigation No. 337-TA-1097 (U.S.I.T.C.).
Represented Securus Technologies, LLC in multiple inter partes review proceedings before the Patent Trial and Appeal Board. Successfully defeated multiple IPRs on behalf of Securus. Also successfully prosecuted IPR proceedings on behalf of Securus against a key competitor.
Represented Innovative Display Technologies, LLC and Delaware Display Group, LLC as lead counsel in multiple patent litigation actions in Texas and Delaware, respectively, involving patent on liquid crystal displays. All matters resolved favorably to the client.
Successfully obtained multiple garnishments on behalf of Three Point Capital, LLC in connection with financing of the movie Jobs, starring Ashton Kutcher.
Represented HSM Portfolio LLC as lead counsel in multiple patent litigation actions brought against various semiconductor companies related to patents on fundamental semiconductor circuit design technology. All matters resolved favorably to client prior to trial.
Represented Xicor LLC in trade secret litigation in California state court against a major manufacturer and licensor of Flash dynamic random access memory (DRAM) technology. Following the court’s ruling that Xicor had properly delineated numerous misappropriated trade secrets, the case settled favorably to Xicor LLC at mediation.
Represented Software Tree, LLC as lead counsel in multiple patent litigation actions against companies such as Red Hat, Inc. and Oracle Corporation relating to open-source software products. All resolved favorably prior to trial.
Argued the Federal Circuit appeal of United Access Technologies v. Earthlink for the Appellant, resulting in a remand to the district court.
Represented the Board of Regents of the University of Texas in patent infringement litigation on a patent for predictive text algorithms. The litigation involved every major manufacturer of mobile phone handsets. Successfully obtained multiple, public, multimillion-dollar licenses for the University.
Represented Charter Communications, Inc. against the Recording Industry Association of America in its precedent-setting, successful challenge to the constitutionality of the Digital Millennium Copyright Act. The Recording Industry Assn of America v. Charter Communications, Inc., 393 F.3d 771 (8th Cir. 2005).
Obtained a worldwide injunction on behalf of Cisco Systems in Cisco Systems, Inc. v. Huawei Technologies Co., Ltd., No. 2:03 CV 027 (TJW) (E.D. Tex. 2003), a win that was profiled in the August 2003 issue of The American Lawyer, “Big Suits.”
In the high-profile Ericsson v. Qualcomm patent infringement litigation, Jeff was part of the trial team that represented Ericsson and participated in the first Markman hearing ever held in the Eastern District of Texas. After the landmark one-week Markman hearing, the case settled favorably to the client.
Successfully argued on behalf of Nucentrix Broadband Networks, Inc., a precedent-setting case under the Racketeering and Corrupt Organizations Act (RICO), before the Fifth Circuit Court of Appeals in New Orleans. See Nolen v. Nucentrix Broadband Networks, Inc., 293 F.3d 926 (5th Cir. 2002), cert. denied, 2002 U.S. LEXIS 8721.
Obtained a take-nothing judgment in favor of BDO Seidman regarding a custom software design project following a 10-day arbitration trial in a multimillion-dollar breach of contract and fraud case. Merritt, Hawkins, & Associates v. BDO Seidman, L.L.P., Cause No. DV99-315-K in the District Court of Dallas County, Texas, 192nd Judicial District.
In Monosite, Inc., v. Northern Technologies, Inc., Civil Action No. 98 CA 173 (W.D. Tex. 2001), obtained a significant settlement in a dispute regarding theft of trade secrets, patent infringement, and misappropriation of business opportunity regarding cellular telephony structures.
In Minnesota Mining and Manufacturing Company v. Radiodetection Ltd., et al., Civil Action No. 3-97-CV-1157-P (N.D. Tex.), represented 3M in a dispute over patent infringement and theft of trade secrets regarding radio detection devices, and obtained a favorable settlement and license on behalf of the client.
In REM Chemicals, Inc. v. The Stanley Works, Civil Action No. 396 CV 2167-T (N.D. Tex.), obtained a consent judgment and payment of all attorney’s fees in a theft of trade secrets and patent infringement case regarding misappropriation of vibratory finishing process for hand tools.

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