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Lindsay Martin Leavitt

Austin Office
Associate
Austin Office

300 W. 6th Street
Suite 1700
Austin, TX 78701
TEL: 512.692.8724 FAX: 512.692.8744
lleavitt@mckoolsmith.com

Lindsay Martin Leavitt is an associate in the Austin office of McKool Smith who focuses on complex commercial and intellectual property litigation. Ms. Leavitt represents clients in a broad range of commercial disputes, including antitrust, breach of contract, and unfair competition, among others. Her intellectual property experience includes litigation involving patent infringement, copyright, and trade secret disputes. Ms. Leavitt’s clients include leading companies in the technology, telecommunications, semiconductor, aviation, real estate, and automotive industries.

While in law school, Ms. Leavitt was the Chairman of the Jackson Walker Moot Court Board and a member of the Board of Advocates. She also competed on numerous mock trial teams, and served as a Staff Editor on the International Law Review. Ms. Leavitt also interned for the Honorable Jodie Gilles, 142nd District Court, Midland County, Texas.

In the spring of 2006, Ms. Leavitt was inducted into the National Order of the Barristers, an honor given to the top 10 advocates of the law school. She was also awarded Best Overall Advocate in the Georgetown White Collar Crime Mock Trial Competition and was a finalist in the ATLA Regional Mock Trial Competition.

Representative Matters

  • Wi-LAN, Inc.  Represents Wi-LAN, Inc., a Canadian company, in multiple patent infringement actions against leaders in the laptop, router, semiconductor and handset industries, involving Wi-Fi, LTE, CDMA2000, Bluetooth, and other wireless technologies. 
  • Global Sessions.  Represented Global Sessions against multiple on-line retailers in a case asserting infringement of patents related to maintaining session state for a user of a website and managing a web system.  The case was resolved favorably to Global Sessions.   
  • Eolas Technologies Inc. Represented internet technology provider Eolas in a patent infringement suit against Adobe Systems and others regarding advanced browser technology that allows websites to add fully-interactive embedded applications to their online offerings.
  • Toll Brothers. Represented Toll Brothers and five other national home builders in a case brought by Wachovia Bank, N.A. in the Southern District of New York. The suit alleges that the home builders breached completion guaranties that were executed in connection with a 1,700 acre tract of property that was purchased from the United States Department of the Interior's Bureau of Land Management for more than $500 million in 2005.
  • American Airlines.  Represented American Airlines when its head of sales for the New York region suddenly resigned to join Delta Airlines in the identical position. Based upon evidence that the employee downloaded and copied certain information as he was leaving, was part of team that secured a three-week temporary restraining order precluding the employee from working for American’s competitor while the court sorted through the legal issues.
  • Ericsson, Inc.  Represented Ericsson in defense of Sherman Act antitrust lawsuit alleging group boycott/refusal to deal claims in connection with telecommunications standard setting organization.  The case resolved in Ericsson’s favor by summary judgment.
  • Pilgrim’s Pride Corp.  Represented Pilgrim's Pride in a suit for breach of contract, trademark infringement, unfair competition, and tortious interference in the Southern District of New York.
  • Victoria’s Secret Stores, LLC.  Represented Victoria’s Secret Stores in a patent infringement case in the Eastern District of Texas.  The case resolved in Victoria’s Secret Stores’ favor by summary judgment.
  • Autobytel, Inc. Represented Autobytel in multiple e-commerce patent lawsuits involving automobile sales over the Internet. The case settled favorably for Autobytel after jury selection.
  • MediaTek, Inc. Represented MediaTek in patent infringement lawsuits against Sanyo and Matsushita involving technology directed to audio decoding and the synchronization and processing of multiple formatted video signals.

Professional & Community Activities

  • Foundation Board Member of SafePlace, a center dedicated to ending sexual and domestic violence.
  • American Gateways Access to Justice, Pro Bono Attorney Award 2012.