- J.D., University of Texas School of Law, 1970. Teaching Quiz Master, 1969-1970
- B.A., University of Texas at Austin, 1967
- State of Texas
- The U.S. Supreme Court
- The U.S. Courts of Appeals for the First and Fifth Circuits
- The U.S. District Courts for the Northern, Eastern, Southern and Western Districts of Texas
- Harrison County Bar Association, Past President
- Dallas Bar Association, Fellow
- State Bar of Texas
- Northeast Texas Bar Association
- American Bar Association
- Texas Bar Foundation, Life Fellow
Mr. Baxter is a Principal in the Marshall office of McKool Smith. He is a former Texas State District Judge and District Attorney for Harrison County, Texas. Few people know the Eastern District of Texas – an important venue in intellectual property litigation – as well as he does. Mr. Baxter’s unique ability to connect with jurors and skillfully cross-examine witnesses has helped him secure victories worth hundreds of millions of dollars for patent holders. Two of these victories are included in the National Law Journal’s listing of the top 100 jury verdicts.
Mr. Baxter is consistently recognized among the top lawyers in his field by many of the country’s leading legal publications and rankings, including Chambers USA, The Legal 500, and Lawdragon. Last year, Mr. Baxter was named one of Law360's "10 Most Admired Intellectual Property Attorneys." Most recently, he was awarded 2013 "Outstanding IP Litigator - Texas" by Managing IP.
Mr. Baxter’s professional activities include the American College of Trial Lawyers, Texas Trial Lawyers Association, Association of Trial Lawyers of America, and East Texas Trial Lawyers Association.
- Ericsson. Represented Ericsson in patent infringement litigation involving wireless telecommunications technology. Ericsson v. Qualcomm.
- Medtronic, Inc. In Medtronic v. Cordis, represented Medtronic asserting patents protecting cardiovascular stents.
- Parental Guide. Parental Guide of Texas v. Funai et al. Represented Parental Guide in a patent infringement lawsuit regarding “V-Chip” technology against several major television manufacturers. Resulted in favorable settlement for client.
- TIVO. TiVo Inc. v. EchoStar Technologies Corporation. Represented TiVo in a patent infringement suit involving DVR technology. After a two-week jury trial a verdict was handed down in favor of TiVo.
- Paice. In Paice LLC. v. Toyota Motor Corporation, et al. he represented Paice in a case involving hybrid car engines. A verdict favorable to Paice came after a week long jury trial.
- Cummins-Allison Corp. Cummins-Allison Corp. v. Glory Ltd., et al. Represented Cummins in a lawsuit regarding bill counting and banking technology. A favorable settlement was made just prior to jury selection.
- Visto. Visto Corporation v. Seven Networks, Inc. Represented Visto in a patent infringement suit involving mobile email synchronization technology.
- Chiron Corporation, now known as Novartis Vaccines and Diagnostics. The Rockefeller University and Chiron Corporation v. Centocor, Inc. et al. Represented Chiron in a patent infringement suite regarding the use of antibody to tumor necrosis factor (TMF). A favorable settlement was reached.
- American Video Graphics. American Video Graphics v. Electronic Arts, Inc., et al., American Video Graphics v. Hewlett-Packard, et al., American Video Graphics v. Microsoft,American Video Graphics v.Sony Online Entertainment Inc., et al. Represented AVG in multiple suits involving Computer graphics and operating system software. Favorable settlements were reached in all matters.
Professional & Community Activities
- Penal Code Committee, Past Chair
- Correctional Services Committee, Past Chair
- Civil and Criminal Evidence Rules Committee, Past Chair
- Legal Representation of Those on Death Row Committee, Past Chair
- Texas Trial Lawyers Association
- Association of Trial Lawyers of America
- East Texas Trial Lawyers Association
Awards & Recognition
- Recognized in the 2015 edition of "Best Lawyers in America" for Litigation: Bet-the-Company, Commercial, Intellectual Property, Patent, M&A, and Securities
- Ranked as a leading lawyer in Texas for both Intellectual Property and Commercial Litigation by Chambers USA. The 2014 edition notes that he “does a great job with judges and juries,” and describes him as "a star."
- Recommended as a leading U.S. patent litigator by Legal 500
- Named "IP Star" and "Outstanding IP Litigator - Texas" by Managing IP (2013)
- Ranked as an Intellectual Property "Litigation Star" by Benchmark Litigation
- Named "National IP Litigation Star" by Benchmark Plaintiff
- Fellow of the American College of Trial Lawyers
- Named one of Law360's "10 Most Admired Intellectual Property Attorneys"
- Named Best Lawyers 2010 Dallas Intellectual Property "Lawyer of the Year"
- Ranked in Best Lawyers in America as a leading lawyer in Bet-the-Company, Commercial, IP, Patent, M&A, and Securities litigation.
- Listed in the Lawdragon 500 Leading Lawyers in America
- Named by his peers to the list of Super Lawyers since 2003
- August 18, 2014
- July 18, 2014
- June 17, 2014
- May 23, 2014
- January 29, 2014
- September 9, 2013
- August 15, 2013
- June 18, 2013
- May 24, 2013
- March 20, 2013
- January 18, 2013
- November 2012
- September 10, 2012
- August 27, 2012
- August 13, 2012
- July 19, 2012
- July 1, 2012
- "Wyeth, Cordis Stent Patents Are Invalid, Judge Says" McKool Smith client Medtronic wins summary judgment in patent defense caseJanuary 20, 2012
- November 22, 2011
- September 13, 2011
- September 2, 2010
- June 30, 2010
- McKool Smith's Intellectual Property and White Collar Defense Practices Recognized in 2010 Chambers USA rankingsJune 10, 2010
- March 29, 2010
- August 28, 2009
- August 6, 2009
- March 16, 2009
- October 13, 2008
- September 15, 2008
- April 1, 2008
- October 10, 2007
- October 1, 2007
- September 25, 2007
- January 1, 2007
- October 9, 2006
- July 1, 2013
- May 1, 2013
- November 6, 2012
- May 13, 2011
- McKool Smith and Wi-LAN Inc. Resolve Patent Litigations Against World's Leading Technology ProvidersFebruary 22, 2011
- July 20, 2010
- April 6, 2010
- August 28, 2009
- April 24, 2009
- October 29, 2008
- June 27, 2008
- May 27, 2008
- May 14, 2008
- Ericsson, Other Major Telecommunications Companies Prevail In Antitrust Lawsuit Over Wireless Technology StandardsSeptember 11, 2007
- April 28, 2006
- April 15, 2006
- April 1, 2006