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Overview

Ashley Moore is a principal in McKool Smith’s Dallas office who focuses on complex patent litigation.

Ashley’s recent trial wins include $145 million and $85 million jury verdicts for firm client WiLAN against Apple. She also served as lead trial counsel against a Johnson & Johnson subsidiary for its theft of medical device technology. In addition to the district court litigation, Ashley successfully argued to the Federal Circuit that her client’s medical device patent was valid over the prior art. These results cap off a long history of success trying cases to judges, juries, and arbitration panels.  Ashley’s courtroom skills have earned her recognition as one of the leading lawyers in Texas for IP litigation by Best Lawyers, a Future Star by Benchmark Litigation, and recognition in The Legal 500, among leading directories.

Over the course of her career, Ashley has litigated cases involving many cutting-edge technologies, including surgical and implantable devices, inhalers, digital imaging, biometrics, mobile ticketing, optical fibers, hydraulic fracturing, the cellular and wi-fi standards, and breach of FRAND.  Ashley also has significant experience prosecuting patents in both the IPR and pre-issuance contexts.

Before joining McKool Smith, she counseled industry leaders in protecting and licensing their technology assets at a large national law firm. As a result, she is equally adept at counseling clients to make the most of their patent portfolios through patent acquisitions, divestitures, and offensive and defensive assertions.

Experience

Representative Matters

  • Albritton. Lead trial counsel for patent owner Dr. Albritton in a patent infringement, breach of contract, and fraud case against Johnson & Johnson subsidiary Acclarent in the Northern District of Texas. Ashley also served as lead trial counsel in the related IPRs, which she successfully argued for confirmation of validity at the Federal Circuit.
  • WiLAN. Counsel for patent owner against Apple, resulting in jury verdicts of $145 million and $85 million in the retrial. In this case, Ashley argued numerous motions and took multiple expert witnesses on direct and cross examination.
  • Angel Technologies. Lead trial counsel for patent owner against Facebook in a patent infringement case pending in the Central District of California.
  • Xerox/Conduent. Lead trial counsel defending Xerox, Conduent, and New Jersey Transit against claims of patent infringement and theft of trade secrets in the Southern District of New York.
  • Xerox/Parc. Counsel for Xerox/PARC in a variety of patent cases filed against Facebook, Snap, and Twitter.
  • True Software. Lead trial counsel for defendant True Software in a patent infringement case. Ashley successfully secured a take nothing summary judgment verdict of patent invalidity in the Northern District of California. This case was affirmed by the Federal Circuit.
  • Ericsson. Represented Ericsson in a variety of patent matters, including FRAND and essential patent assertions. In these cases, Ashley has argued numerous motions and taken witnesses on direct and cross examination. One of these cases involved Ericsson’s 802.11 standard essential patents, which resulted in a favorable jury award of over $10 million.
  • Summit 6. Represented Summit 6 in its suit against Samsung, Facebook, and others involving infringement of patents related to image compression. Ashley briefed and argued terms at Markman and took expert witnesses at the jury trial on liability and the subsequent bench trial on inequitable conduct. Summit 6 obtained favorable settlements from all parties except Samsung before trial. A jury awarded $15 million to Summit 6 in its verdict against Samsung, which was affirmed at the Federal Circuit.

Recognition

Rankings & Honors

  • Recognized in the guide to the Lawdragon 500 Leading Litigators in America, 2022
  • Recognized in Best Lawyers as a leading lawyer for Commercial, Insurance Law,  IP, and Patent Litigation (2019-2023)
  • Recognized among Best Lawyers listing of "Women in Law-Litigation-Intellectual Property" (2020)
  • Recognized by Benchmark Litigation as a "Future Star" (2020-2023)
  • Named as "Top Women in IP" by Texas Lawyer, 2020
  • Recognized in the Benchmark Litigation "Under 40 Hot List," which honors the achievements of the nation’s most accomplished legal partners of the age of forty or younger (2016-2018)
  • Recognized as a leading lawyer in patent litigation by The Legal 500 (2020-2021)
  • Named in Texas by Super Lawyers (2015-2022)

Affiliations

Community & Professional Activities

  • Associate member, the Honorable Barbara M. G. Lynn Inn of Court
  • Registered patent agent
  • Phi Delta Phi

Media & Events

News

Education

J.D., cum laude, Southern Methodist Dedman School of Law, 2010

B.S. Electrical Engineering, Southern Methodist University, 2000

  • Engineering scholar and university scholar, 1996-2000

Court Admissions

  • State of Texas
  • The U.S. District Courts for the Northern and Eastern Districts of Texas
  • The U.S. Patent and Trademark Office
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