Elizabeth Flannery works with large and small clients to protect their intellectual property interests to maximize the value of technology assets to their business model and corporate culture. Ms. Flannery assists clients in a variety of geographies and industries, including chemical manufacturers, medical device manufacturers, retailers, consumer appliance and electronics manufacturers, and a variety of different types of companies in the oil and gas industry. She actively practices in all areas of intellectual property law, including litigation, prosecution of patent applications, adversarial proceedings at the USPTO (including inter partes review and reexaminations), licensing agreements, pre-suit investigations, freedom-to-operate advice, patent opinions, and general counseling. Ms. Flannery has represented both patent owners and defendants in all stages of complex patent litigation, and tried major patent cases in various district courts, the Court of Appeals for the Federal Circuit, and the International Trade Commission.
- Halliburton Energy Services, Inc. v. Weatherford International, Inc.(Northern District of Texas) – Represented Halliburton in a patent infringement action relating to composite packers, bridge plugs and frac plugs. The jury returned a $34 million verdict in Halliburton's favor.
- LG Electronics, Inc. v. Whirlpool (District Court of Delaware) – Represented Whirlpool and its subsidiary Maytag in a patent infringement action involving refrigerator storage and dispensing systems. At trial in March of 2010, Whirlpool received a favorable jury verdict on both its key patent and on the one patent LG pursued at trial.
- LG Electronics, Inc. v. Whirlpool Corp. (District Court of New Jersey) – Defended Whirlpool in a four-patent case brought by LG Electronics relating to ice and water delivery systems for refrigerators/freezers. Argued Markman hearing, and handled concurrent reexaminations of the asserted patents. This case was resolved on favorable terms prior to trial.
- Carrier Corporation v. Goodman Global, Inc. et al (District of Delaware) – Baker Botts is defending Goodman in a competitor patent suit brought by Carrier involving two patents generally directed to a communication system for residential HVAC systems. One patent was dismissed with prejudice and the other patent was found by a jury to be valid and infringed. Post-trial motions were granted and a new trial has been ordered.
- In re Certain Refrigerators and Components thereof (USITC) – Represented Whirlpool Corp. in the International Trade Commission in a case involving indoor ice making systems for refrigerators, which involved a five-day hearing that was conducted before an Administrative Law Judge in December of 2008.
- Location Services IP v. Yahoo, Inc. (Eastern District of Texas) – Defended Yahoo in a case involving three patents relating to web-based location technology. The case was resolved on favorable terms prior to a Markman hearing
- LBS Innovations, LLC v. Yahoo, Inc., et al. (Eastern District of Texas) – Defended Yahoo in a multi-defendant case involving a patent relating to web-based location technology. The case was resolved on favorable terms prior to a Markman hearing
- Kinetic Concepts, Inc., et al. v. Bluesky Medical Corp., et al. (Western District of Texas) – Received a verdict in July of 2006 from a San Antonio jury that its clients Medela, Inc., and its Swiss parent, Medela AG, were not liable for patent infringement or unfair competition in a case concerning KCI's V.A.C. (vacuum-assisted closure) wound treatment technology. Final judgment was entered in our client's favor in early 2007, and was affirmed on appeal.
- Kinetic Concepts, Inc. (KCI) v. Medela AG, et al. (Eastern District of Texas) – Represented Medela in a second patent infringement action brought by KCI involving wound healing patents. A motion to transfer to the Western District of Texas was granted, and the case settled on favorable terms prior to trial.
- PGI International, Ltd. v. Anderson, Greenwood & Co. (Western District of Texas) – Represented plaintiff PGI in a patent infringement case involving stabilized connectors for instrument manifolds for pipelines. The case settled after the Markman hearing on favorable terms.
Prosecution & Transactional
- Management of patent application filing and prosecution relating to drilling, well stimulation, and cementing technologies for a major oilfield services provider
- Strategic intellectual property counseling and advice regarding freedom to operate issues, patent opinions, and licensing for a large supermarket chain
- Freedom to operate analysis, patent opinions, and patent prosecution for a major specialty chemicals manufacturer
- Advice regarding in risk management freedom to operate, employment agreements, and licensing agreements involving intellectual property for a major oilfield services provider
- Negotiation of joint development agreement with a university on behalf of a large oil and gas exploration company
- Negotiation of joint development agreement relating to fiber optic technologies used in oilfield operations
- Analysis and preparation of opinion regarding patents directed to blood processing systems for a major pharmaceutical company
Awards & Community
Recognized as a Texas Super Lawyer-Rising Star (Thomson Reuters), 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017 & 2018
Publications, Speeches & Presentations
Intellectual Property Report
Intellectual Property Report: August 2018
Intellectual Property Report: July 2018
Baker Botts is sponsoring and co-chairing the second edition of the Energy Industry Intellectual Property Law Conference on March 22 in Houston in the Energy Corridor.