Robert M. Manley

Principal

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Robert Manley is a Principal in the Dallas office of McKool Smith whose practice deals with complex business and intellectual property litigation. Mr. Manley serves as an adjunct professor of trial advocacy at SMU Law School and serves on the faculties of the Southern and Gulf Coast Regional NITA programs. Mr. Manley founded and chairs the McKool Smith Pro Bono Criminal Trial Program, which provides criminal jury trial counsel to the underprivileged, and he prosecuted cases at the Dallas District Attorney’s Office in 2000.

Representative Matters

Business/Investment Matters

ORIX Capital Markets in its capacity as Master Servicer and Special Servicer, et al. v. UBS Warburg Real Estate Securities and UBS PaineWebber.  Robert represented holders of mortgage-backed securities in the PaineWebber Acceptance Corporation V Commercial Mortgage Pass-Through Certificates Series 1999-C1 in a lawsuit against the securitization’s sponsors, promoters, and loan depositors to recover for the loss in the value of their investments.

Talbott, et al. v. Deutsche Bank Securities, DB Alex.Brown Exchange Fund I, L.P., and DC Investment Partners.  Robert served as lead counsel for investors in a lawsuit against a Deutsche Bank exchange fund’s sponsors, promoters, asset managers, and officers and directors following the fund’s collapse.

Wells Fargo Bank, as Trustee, et al. v. UBS Warburg Real Estate Securities and UBS PaineWebber.  Robert represented the trustee and holders of mortgage backed securities in the Merrill Lynch Mortgage Investors, Inc. Mortgage Pass-Through Certificates Series 1999-C1 in a lawsuit against the securitization’s sponsors and loan depositors to recover for the loss in the value of their investments.

Bailey, et al. v. Shell Oil Company and Exxon Mobil Corporation.  Robert represented royalty and overriding royalty interest holders of the McElmo Dome CO₂ formation against developers and operators in a lawsuit to recover unpaid royalties.

Garst, et al. v. CenturyTel, Inc.  Robert served as lead counsel for CenturyTel in a lawsuit brought by shareholders as a result of CenturyTel’s acquisition of the Embarq Corporation.   

Fidelity Investments v. Las Colinas Land Partnership.  Robert represented Fidelity in a suit involving the disputed obligations for developers of the Dallas Fort Worth’s Las Colinas Business Park relating to municipal utility district and other obligations. 

Monosite v. Northern Telecom, et al.  Robert served as lead counsel for Monosite in a trade secrets and tortious interference lawsuit involving proprietary designs and manufacturing processes for cell tower monopoles.

In re: AgriBioTech, Inc.  Robert served as lead counsel for BearingPoint in an adversary proceeding brought by AgriBioTech’s Bankruptcy Trustee against its officers, directors, auditors, and consultants involving claims that BearingPoint’s four-year nation-wide implementation of Oracle’s ERP caused or contributed to Agribiotech’s insolvency.  

Intellectual Property Matters

Freescale Semiconductor against Lonestar Inventions, L.P.  Robert served as lead counsel for Freescale in a patent infringement suit involving U.S. Patent No. 5,208,726 generally directed to high capacitance structure in a semiconductor device.

Cisco Systems against ConnecTel.  Robert represented Cisco in a patent infringement suit involving U.S. Patents 6,016,307; 6,144,641; 6,456,594 and 6,473,404, which are generally directed to multiprotocol telecommunications routing and optimization.

Pilgrim’s Pride against Lemelson Educations & Research Foundation.  Robert served as lead counsel for Pilgrim’s Pride in a patent infringement case involving U.S. Patent No. 5,028,318, which is generally directed to the use of spreadsheet to interface, control, and monitor factory automation equipment.

Raindance Communications, Inc. v. WebEx.  Robert represented Raindance in a patent infringement lawsuit involving U.S. Patents 6,535,909 and 6,621,834, which are generally directed to voice transmission over network protocols and recording and playback of collaborative web browsing sessions.

InFocus Corp. against Brilliant Technologies.  Robert served as lead counsel for InFocus in an intellectual property licensing dispute covering a projection system with a folded optical path involving U.S. Patent No. 6,859,239.

Autobytel, Inc. v. Dealix Corp.  Robert represented Autobytel in a patent infringement lawsuit involving U.S. Patent No. 6,282,517, which is generally directed to the real time communication of purchase requests over the internet.

Autobytel, Inc. v. InsWeb, et al.  Robert represented Autobytel in a patent infringement dispute involving U.S. Patent No. 6,282,517, which is generally directed to real time communication of purchase requests over the internet.

Mediatek, Inc. v. Sanyo Elec. Co., Ltd., et al.  Robert represented Mediatek in a patent infringement lawsuit involving U.S. Patents 5,867,819 and 6,118,486, which are generally directed to audio decoding and the synchronization and processing of multiple formatted video signals.

Mediatek v. Matsushita Elec. Indus. Co.  Robert represented Mediatek in a patent infringement lawsuit involving U.S. Patents 5,867,819 and 6,118,486, which are generally directed to audio decoding and the synchronization and processing of multiple formatted video signals.

Applied Biosystems.  Robert represented Applied Biosystems in a patent licensing dispute involving the assay of enzymes used in recombinant DNA sequencing.

Freescale Semiconductor against Maxim Integrated Products.  Robert served as lead counsel for Freescale in a patent infringement lawsuit involving U.S. Patents 5,008,615; 5,172,214; 5,200,362; 5,476,816; 5,593,538; 5,776,798; 5,861,347; 4,951,005; 5,081,454; 5,089,722; 5,195,655; 5,434,739; 5,124,632 and 5,946,177, generally directed to the design, packaging and manufacture of semiconductor chips.

Freescale Semiconductor v. LSI Corp.  Robert served as lead counsel for Freescale before the International Trade Commission in a patent infringement lawsuit involving U.S. Patents 5,775,798; 6,473,349 B1 and 5,467,455, generally directed to semiconductor packaging, a sense amp and its circuit and method of operation, and a method for performing dynamic bus termination.

Igloo Products against California Innovations.  Robert represented Igloo in a patent infringement lawsuit involving U.S. Patents 6,116,045; 6,067,816; 6,644,063 and 6,481,239 generally directed to cooler manufacture, design and technology.

Safeway, Inc., Blackhawk Network, Blackhawk Marketing and Randall’s against Excentus Corp.  Robert served as lead counsel for Safeway, Blackhawk and Randall’s in a patent infringement lawsuit involving U.S. Patents 6,321,984; 6,332,128; 6,723,081 and 7,383,204, generally directed to the fuel rewards discount technology and fuel dispenser technology.

FotoMedia v. AOL, Yahoo!, Verizon, and Sprint Nextel.  Robert represented FotoMedia in a series of patent infringement lawsuits involving U.S. Patents 6,018,774; 6,542,936 and 6,871,231, generally directed to photo sharing and metadata tagging technology.

Texas MP3 Technologies, LTD. v. Samsung Electronics, Sandisk and Apple. Robert represented Texas MP3 in a patent infringement lawsuit involving U.S. Patent No. 7,065,417, generally directed to MP3 player technology.

Professional Activities

Patrick E. Higginbotham American Inn of Court Barrister; National Institute of Trial Advocacy, Gulf Coast Regional Program and Southern Regional Program Faculty; Adjunct Professor of trial advocacy at Southern Methodist University Dedman School of Law.

Awards & Recognition

Repeatedly named to the list of "Best Lawyers Under 40" by D Magazine; repeatedly named a "Texas Super Lawyer" by Texas Monthly Magazine; repeatedly named "Best Lawyers in Dallas" by D Magazine. Fellow, Litigation Counsel of America. Member, The College of the State Bar of Texas.

News

• McKool Smith Attorneys Named to Texas Super Lawyers Listing
• Eleven McKool Smith Attorneys Honored Among Best in Texas
• Eleven McKool Smith Attorneys in 2007 Super Lawyers List
• McKool Smith Principals Earn Spots Among America’s Top Lawyers
• Robert Manley Named in List of Best Lawyers in Dallas
• Two from McKool Smith Among Dallas’ Best Lawyers
• Ten McKool Smith Attorneys Named 2006 Super Lawyers
• McKool Smith Pro Bono Program

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Articles

“Reduce Your Legal Fees Now: ‘Unconventional’ Dispute Resolution,” co-authored with John DeGroote, April 23, 2009.

“Federal Rule 502(b) ‘Inadvertent Disclosure’", April 14, 2009.

“Help Me Help You - What Your Trial Lawyer Wants You to Know About Privilege,” co-authored with Kimberly Thompson, presented at the Austin Chapter's annual Association of Corporate Counsel conference, Austin, Texas, May  2, 2008.

"’Patent Trolls’ Measures and Countermeasures,” co-authored with John DeGroote and Mallun Yen, presented to the Association of Corporate Counsel. September 20, 2006.

“Closing Arguments - A Primer to the Pitfalls, Pratfalls, and Provident Harbors of Jury Summations”

“Ten Tools of Persuasion”