Laurie Gallun Fitzgerald

Laurie Fitzgerald is a Principal in the Austin office of McKool Smith.  Laurie is a trial lawyer who primarily focuses on patent infringement cases.  Laurie has also litigated non-patent cases involving a wide range of subjects, including trade secret violations, business and partnership disputes, personal injuries, oil and gas matters, employment disputes, and securities law violations.  She routinely represents clients in both federal and state courts and devotes a portion of her practice time each year to the representation of domestic violence victims on a pro bono basis.  Prior to entering private practice, Laurie spent one year serving as law clerk to a federal judge in the Southern District of Texas.   

In 2008, 2009, 2010, and 2011, Texas Super Lawyers named Laurie a “Rising Star” which is featured in Texas Monthly magazine's Super Lawyers edition, a distinction reserved for the top 2.5% of Texas attorneys who are under 40 years of age and who have been practicing law for less than 10 years.   

Laurie has been licensed to practice law in the State of Texas since 2001.  She is admitted to the State Bar of Texas and the Northern, Southern, Western, and Eastern Districts of Texas, and is a member of the Austin Bar Association and the Austin Intellectual Property Lawyers Association.   

Laurie is the co-author of Intellectual Property Litigation: A Procedural Primer, 45 The Advocate 92-95 (Winter 2008). 

Representative Matters

• Versata Software. Represented Versata, an enterprise software company located in Austin, TX against SAP, the world's leading enterprise software company in a case alleging infringement of enterprise software patents. At trial in 2009, the jury found Versata’s patents infringed and awarded a nine-figure damages verdict. Following verdict, the district court granted a new trial on damages as a result of changes in the law related to apportionment in damages calculations.  On retrial, the jury awarded Versata more than twice the original verdict, and held SAP’s asserted design-around infringed.  The district court entered judgment for damages and awarded an injunction.  The case is currently on appeal.  
• Realtime.  Represented Realtime Data (dba IXO) in multiple patent infringement litigations involving data compression technology used in the realtime delivery of market data. 
• Sun Trust. Represented Sun Trust Bank as defendant accused of infringing a patent related to check imaging and archiving.  The case settled on favorable terms in the middle of trial shortly before the cross examination of the inventor was to begin.  
• Highland Capital.  Represented defendant Highland Capital in a dispute over complex financial transaction to purchase a cable company, in which Highland Capital’s subsidiary entered into a deal to purchase James Cable, and when the deal did not close, James Cable alleged that Highland Capital had orally agreed to fund the transaction, but, instead, prevented it from consummating. In a lengthy opinion, the court adopted McKool Smith’s arguments that Highland Capital had no duty to fund the deal and that it cannot be liable for any breach of contract by its subsidiary and dismissed all causes of action against Highland Capital.   
• Medtronic. Defended Medtronic in a patent suit brought by Dr. Alt over four patents directed to pacemaker and defibrillator controls. The case settled favorably shortly before trial.  
• American Airlines.  Defended American Airlines in a patent infringement action related to interactive voice technologies.  The plaintiff stipulated to non-infringement following a favorable claim construction ruling.  
• Macrovision.  Defended Macrovision in a trade secret misappropriation and trademark infringement action related to the casual gaming industry.  The litigation resulted in a favorable settlement.   
• Nortel. Represented Nortel against Ciena in a case involving several patents of each company concerning high-density telecommunications technology. The litigation resulted in a favorable settlement.  
• Electronic Data Systems.  Defended Electronic Data Systems in a New York state court fraud action involving the IT-training industry.  The litigation resulted in a favorable settlement after several days of trial.

Professional & Community Activities

• Board Member, Texas Fair Defense Project

Awards & Recognition

• Named a “Rising Star” by Super Lawyers, 2008-2011.

News

Press Releases

Articles

“Intellectual Property Litigation:  A Procedural Primer,” co-authored with Victoria Wicken, 45 The Advocate 92-95 (Winter 2008). 

"Embracing the Difference: Tips From Trial Lawyers," authored by Gretchen S. Sween,  State Bar Litigation Section, News for the Bar, 17-20 (Fall 2008).