Warren Lipschitz is a lead trial lawyer focused on high-stakes intellectual property and competition cases.
Warren has won numerous patent infringement jury verdicts in federal court, including three recent judgments over $100 million. Warren represents both plaintiffs and defendants in patent infringement cases across a wide range of technologies, including the cellular standards, video coding standards, medical devices, and security-related software for cellular phones. Warren also has successfully represented global clients before the International Trade Commission against highly sophisticated adversaries, such as Apple, Samsung, and Lenovo.
Warren represents some of the largest standard essential patent holders in the world, including Nokia and Ericsson, and specializes in developing strategies to force unwilling licensees to agree to patent licenses on Fair Reasonable and Non-Discriminatory (“FRAND”) terms. These strategies often include maximizing pressure on unwilling licensees via litigation in multiple jurisdictions and, when appropriate, through injunctions. For example, Warren represented Nokia in its worldwide dispute with Lenovo. Nokia asserted ten H.264 video-coding patents in US District Court and five patents in the International Trade Commission. The dispute settled favorably weeks before the ITC hearing.
Warren also defends his standard essential patent holder clients against claims that their licensing practices are abusive and/or that their offered royalty rates are not FRAND. For example, Warren successfully represented Ericsson in the first breach of FRAND jury trial for cellular patents. This case was a landmark victory for standard essential patent holders because the jury endorsed Ericsson royalty rate of $2.50 for each 4G cellular phone and rejected HTC’s arguments intended to devalue all standard essential patents. The Fifth Circuit Court of Appeals upheld the jury verdict.
Warren graduated Magna Cum Laude from the Northwestern University School of Law. Warren also has undergraduate and graduate degrees in civil and structural engineering, and before becoming a lawyer, practiced in Texas as a licensed Professional Engineer.
- Ericsson v. TCL. Represents Ericsson in matters involving patent infringement and a dispute over FRAND terms for a license relating to LTE, WCDMA, and GSM technologies. The cases are pending before district courts in Texas and California.
- University of Minnesota v. Ericsson. Represents Ericsson in a patent infringement action involving five patents related to LTE wireless technology.
- Red.com v. Nokia USA Inc. Defending Nokia in litigation filed by Red.com involving multiple patents dealing with compression algorithms for digital video cameras; currently pending in the Central District of California.
- Rockstar Consortium v. Google/Samsung. Represented Rockstar Consortium in a patent infringement suit against Google, Samsung, and others involving a number of patents related to mobile handset technology.
- Ericsson v. D-Link, et al. Represented Ericsson in its patent infringement action against Intel and a number of laptop and router manufacturers involving 802.11n wireless technology. At trial, the jury returned a verdict of infringement in favor of Ericsson on three patents and awarded a royalty.
- Ericsson v. Samsung (ITC). Represented Ericsson in a Section 337 action against Samsung involving several cellular and Wi-Fi standard essential patents. Participated in all aspects of the litigation, from filing through post-hearing briefing. The case was settled on terms favorable to Ericsson prior to initial determination.
- Zenith, et al. v. Craig Electronics. Represented defendants in a patent infringement lawsuit involving patents that were alleged to be essential to the ATSC HDTV standard. The case was settled on terms favorable to defendants.
- Becton-Dickinson v. RTI. Represented a leading manufacturer of medical devices in antitrust litigation brought by a competitor.
Rankings & Honors
- Named a "Trailblazer" in Plaintiff Litigation by The National Law Journal, 2023
- Recognized as a leading lawyer in Patent Litigation by The Legal 500, 2021-2022
- Recognized by Best Lawyers in America as "Ones to Watch" for Commercial, 2021-2023
- Named a Texas "Rising Star" by Super Lawyers, 2016-2022
Media & Events
- 31 McKool Smith principals recognized in the 2023 Edition of "Best Lawyers in America" and 13 attorneys recognized in "Best Lawyers: Ones to Watch"08.17.2022
- 17 McKool Smith principals recognized in the 2022 Edition of "Best Lawyers in America" and 11 attorneys recognized in "Best Lawyers: Ones to Watch"08.19.2021
- Media Coverage: McKool Smith Secures $85 Million Verdict for WiLAN Against Apple In Patent Damages Retrial01.27.2020
- Media Coverage: McKool Smith Secures $145 Million Patent Infringement Verdict for WiLAN Against Apple08.03.2018
- Media Coverage: Court Enters Final Judgment Awarding Ericsson More than $110 Million In Patent Case Against TCL05.11.2018
- Court Reinstates Ericsson’s $75M Verdict Against TCL Communication and Awards $35M in Enhanced Damages/Interest05.10.2018
J.D. magna cum laude, Northwestern University School of Law, 2011
- Order of the Coif
M.E., Civil Engineering (Structural emphasis), University of Texas at Arlington, 2006
B.S., Civil Engineering, University of Texas, 2004
- The State of Texas
- U.S. District Court for the Eastern District of Texas
- U.S. Court of Appeals for the Federal Circuit