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Samuel F. Baxter

Marshall Office
Marshall Office, Dallas Office

104 East Houston
Suite 300
Marshall, TX 75670
TEL: 903.923.9001 TEL2: 214.978.4016
FAX: 903.923.9099

Sam Baxter is a Principal in McKool Smith's Marshall and Dallas offices. Mr. Baxter 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 significant verdicts for clients. Four of these victories have been recognized in The National Law Journal’s annual listing of “Top 100 Verdicts,” including a substantial jury verdict that he helped secure on behalf of relator Joshua Harman in a high-profile False Claims Act case against Trinity Industries in October 2014.

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. In January 2016, he was recognized as an "Icon of IP" by Law360 based on his reputation and success in high-profile patent infringement disputes. Last year, Mr. Baxter was profiled in Law360’s “Trial Aces” special feature, which recognized the Top 50 trial lawyers in the United States. The publication noted that Mr. Baxter has a “charm” and an “ability to touch the hearts of jurors.”  This same year, he was awarded 2015 "Outstanding IP Litigator - Texas" by Managing IP, and included in Benchmark Litigation's listing of the “Top 100 Trial Lawyers in America.” Law360 has recognized Mr. Baxter as one of the "10 Most Admired Intellectual Property Attorneys," in the country, and he was recently named the 2016 Best Lawyers patent litigation “Lawyer of the Year” in Tyler, Texas.

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.

Representative Matters

  • 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 as an "Icon of IP" by Law360 (2016)
  • Ranked as a leading lawyer in Texas for both Intellectual Property (Band 1) and Commercial Litigation (Band 2) by Chambers USA. The 2016 edition notes that he is a "zealous and very effective advocate" who "knows how to relate to and how to present a complicated case to a jury." The publication also describes him as "a Texas legend" who is "very skilled and highly persuasive."
  • Recognized in the 2015 - 2017 editions of "Best Lawyers in America" for Litigation: Bet-the-Company, Commercial, Intellectual Property, Patent, M&A, and Securities
  • Recognized as a leading U.S. patent litigator in World Intellectual Property Review’s (WIPR) directory of “World IP Leaders" (2016 - 2017)."
  • Recommended as a leading U.S. patent litigator by Legal 500
  • Named "IP Star" and "Outstanding IP Litigator - Texas" by Managing IP (2013, 2015)
  • Ranked as an Intellectual Property "Litigation Star" by Benchmark Litigation 
  • Named "National IP Litigation Star" by Benchmark Plaintiff
  • Received Gold Star ranking for Texas Patent Litigation by IAM Patent 1000: The World's Leading Patent Practitioners (2014)
  • Fellow of the American College of Trial Lawyers
  • Named one of Law360's "10 Most Admired Intellectual Property Attorneys"
  • Named Best Lawyers Dallas Intellectual Property "Lawyer of the Year" in 2010 and 2017
  • Listed in the Lawdragon 500 Leading Lawyers in America
  • Named by his peers to the list of Super Lawyers since 2003


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