Bradley W. Caldwell

Brad Caldwell is a Principal in the Dallas office of McKool Smith.  He is a trial lawyer whose practice focuses on patent litigation.  Brad has had courtroom success—before judges, juries, and arbitration panels—in the fields of telecommunications and computer networking, data security, medical devices, enterprise software, banking technology, and oilfield services. 

Before law school, Brad worked for a year as an Electrical Engineer at the Central Intelligence Agency in Langley, Virginia during an externship from Texas A&M University.  While at the CIA, he obtained a Top Secret security clearance and was awarded multiple merit-based citations. 

While in law school, Mr. Caldwell received the Dean’s Achievement Award in Patent Litigation.

Representative Matters

• VirnetX, Inc. v Microsoft Corp.  Mr. Caldwell represented VirnetX as trial counsel in a patent infringement action against Microsoft involving virtual private network technology.  McKool Smith took over this lawsuit from another law firm near the close of discovery and prepared the case for trial.  The McKool Smith team won a jury verdict in favor of VirnetX that included findings of infringement, willful infringement, and validity for all asserted claims.
• VirnetX, Inc. v Cisco Systems, Inc.  Mr. Caldwell represents VirnetX in a patent infringement action alleging infringement of VirnetX’s network security patents by Cisco, Apple, Aastra, and NEC.  This matter is currently pending in the United States District Court for the Eastern District of Texas and is set for trial in late 2012.
• Medtronic, Inc. v. Boston Scientific Corp.  Mr. Caldwell has represented Medtronic Vascular 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 and others from McKool Smith won a jury verdict on behalf of Medtronic in a patent infringement lawsuit alleging infringement of Medtronic patents covering the design of balloon angioplasty catheters and polymers used to build those catheters.  This lawsuit settled after judgment was entered by the district court.
• Wyeth and Cordis Corp. v. Medtronic, Inc., et al.  Mr. Caldwell represents Medtronic in defense of a patent infringement lawsuit pending in the District of New Jersey where local companies Wyeth and Cordis accuse 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.
• Halliburton Energy Services, Inc. v. BJ Services Corp.  Mr. Caldwell represents Halliburton as trial counsel in an arbitration proceeding against BJ Services Corporation, now a part of Baker Hughes, Inc.  The arbitration is pending before the American Arbitration Association and pertains to infringement of three Halliburton patents in the field of hydraulic fracturing (used to obtain and increase production of oil and gas in certain formations).
• i2 Technologies, Inc. (now JDA Software Group) v. Oracle Corp.  Mr. Caldwell represented i2 in a patent infringement action involving supply chain planning and application management patents.  The parties reached a settlement agreement following the pretrial conference.
• Sky Technologies LLC v. i2 Technologies, Inc.  Mr. Caldwell defended i2 against allegations that it infringed patents relating to certain automated negotiations technology.  The matter settle favorably for i2 while awaiting a claim construction ruling by the Court.
• Ericsson, Inc.  Mr. Caldwell represents and has represented Ericsson in multiple patent licensing and litigation matters.
• American Airlines, Inc.  Mr. Caldwell has represented American Airlines in over a dozen patent litigation and licensing matters.  
• JP Morgan Chase & Co. v. Affiliated Computer Services Inc.  Mr. Caldwell 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 his McKool Smith colleagues.
• TGIP, Inc. v. AT&T Corp.  Mr. Caldwell represented TGIP in a patent-infringement action against AT&T, MCI/Verizon, and others pertaining to point-of-sale activated calling cards.  AT&T remained in the lawsuit through a jury trial, and verdict in favor of TGIP was awarded by that jury.  The case settled favorably for TGIP while an appeal was pending.

Professional & Community Activities

• Institute of Electrical and Electronics Engineers
• American Intellectual Property Law Association

Awards & Recognition

• Named a Texas "Rising Star" by Super Lawyers, 2006-2009, 2011, with a featured article in 2009.
• Named to D Magazine's Best Lawyers Under 40 list, 2006

News

Press Releases