Concentration

Patent infringement litigation and patent prosecution in the chemical field

Summary

Gene Spears' experience includes all phases of litigation, including planning, discovery, strategy and trial (both to bench and juries). Mr. Spears has litigated patent, copyright and trade secret claims in Texas state court, multiple federal district courts, the Court of Federal Claims and the International Trade Commission. This litigation has encompassed a variety of technologies, including gallium arsenide growth, silicon etching, sulfur detection and control, fertilizer manufacture and the preparation of reduced-fat cheesecakes.

In addition to this litigation work, Mr. Spears has been responsible for the preparation and prosecution of patent applications in the chemical field, and has advised clients (outside the litigation context) regarding issues of patent infringement, validity, licensing and acquisition of intellectual property.

Mr. Spears was a National Science Foundation doctoral fellow in chemistry. After graduating from law school, he served as a law clerk to the Honorable Helen Nies of the United States Court of Appeals for the Federal Circuit in Washington, D.C.

Representative Engagements

• Novartis v. Monsanto (District of Delaware) Defended a patent infringement claim relating to genetically engineered plants. Case settled following a jury verdict of invalidity and a tentative finding of inequitable conduct.
• CFMT v. FSI International (District of Delaware) Defended a patent infringement claim relating to semiconductor manufacturing equipment. A summary judgment of invalidity and a determination of inequitable conduct was vacated on appeal, and the case settled thereafter.
• Bayer Corporation v. PSS (Northern District of Florida) Prosecuted a patent infringement claim relating to urine diagnostics. Case settled with an agreed injunction.
• Trolinder vs. Monsanto (Northern District of Texas) Represented the patent holder in an inventorship challenge relating to genetically engineered cotton. Case settled before trial.
• Ott v. Goodpasture, Inc. (Northern District of Texas) Defended a patent infringement claim relating to fertilizer compositions. Patent was held invalid and unenforceable for inequitable conduct.
• Hester v. Stein (Eastern District of Virginia) Defended a patent infringement claim relating to industrial chicken cookers. Patent was held invalid.
• Sievers v. Antech (Southern District of Texas) Defended a patent infringement claim relating to sulfur detection equipment. Patent was held not infringed.
• Apple Computer v. Intel (Northern District of California) Defended a copyright infringement claim relating to video compression. Case settled after denial of a preliminary injunction.
• In re Certain Home Vacuum Packaging Machines (International Trade Commission) Defended the importer against a patent infringement claim. Case settled after denial of the patentee's motion for temporary relief.
• Semantech Corp. v. Altiris, Inc. (Eastern District of Texas) Defended and prosecuted claims of patent infringement relating to network control software. Case settled on terms favorable to client.
• REM Chemicals v. Harley-Davidson (Western District of Texas) Pending patent infringement case relating to metal finishing processes.

Publications, Speeches, and Presentations

Publications

• Papers relating to scientific topics in the Journal of Organic Chemistry, Journal of Chemical Physics, and Journal of the American Chemical Society
• "A Debased Comedy," Paradox, the Magazine of Historical and Speculative Fiction, January 2004

Speeches and Presentations

• "Opinion Practice Post-Knorr: What (If Anything) Has Changed?" The University of Texas Intellectual Property Law Symposium, Austin, 2005
• "Who's Getting Nailed and for What: A Review of Inequitable Conduct Findings From 2001 to 2003," Houston Intellectual Property Law Institute, Houston, Fall 2003
• "Litigating Inequitable Conduct," Houston Intellectual Property Law Institute, Houston, Fall 2002
• "Who's Invention Is It Anyway? Inventorship and Theft of Invention Claims Under State Law," Houston Intellectual Property Law Institute, Houston, Fall 1998