Roger Fulghum

Department Chair - Intellectual Property (Austin) Partner

[email protected]
Roger Fulghum

Roger Fulghum has represented clients in patent and trade secret disputes in federal and state courts, and Mr. Fulghum's previous representations have concerned computer systems, software, web sites, electrical circuits, telecommunications systems, semiconductors, hard disk drives, digital video recorders, mobile phones, MP3 players, DVD players, tablets, webcams, audio compression, televisions, motorcycle helmets, firearms, golfing equipment, payphones, seismic acquisition equipment and oil and gas production equipment.

Mr. Fulghum has prepared and prosecuted hundreds of patent applications before the U.S. Patent and Trademark Office, including patent applications directed to software, computer systems, storage networks, e-commerce, drilling equipment, semiconductors, valves, golfing equipment, window coverings and vending machines.

Mr. Fulghum has advised clients on the ownership, infringement and licensing of intellectual property, including the preparation of opinions on validity and infringement issues and drafting of intellectual property agreements for transactions. He also has advised on matters relating to competitor confidentiality and employer-employee confidentiality.

Related Experience

  • Adjustacam v. Dell (Eastern District of Texas) Baker Botts defended Dell in a patent infringement lawsuit concerning web cams.
  • Bergee v. Shoei (District of Minnesota) Baker Botts defended a Japanese designer and manufacturer of motorcycle helmets in a patent infringement lawsuit involving a patent concerning the flow of air through a motorcycle helmet.
  • Bowden v. Tech Power Controls Co. and Nabors Industries Inc. (Southern District of Texas) Baker Botts defended Nabors in a patent infringement lawsuit concerning the design of drilling rigs.
  • Bluebonnet Telecommunications LLC v. Dell Inc. (Eastern District of Texas) Baker Botts defended Dell in a patent infringement lawsuit concerning the management of feature sets in mobile phones.
  • Certain Dynamic Random Access Memory and NAND Flash Memory Devices and Products Containing the Same, 337 TA 803 (Intellectual Ventures v. Dell Inc.) (U.S. International Trade Commission) Baker Botts defended Dell in an investigation at the U.S. International Trade Commission concerning patents directed to the design and operation of memory components.
  • Certain Hard Disk Drives, Components Thereof, and Products Containing Same, 337 TA 616 (Reiber v. Dell Inc.) (U.S. International Trade Commission and Eastern District of California) Baker Botts defended Dell in an investigation at the U.S. International Trade Commission concerning patents directed to techniques for the manufacture of hard disk drives.
  • Cirrus Logic v. ATI Technologies and NVIDIA (Western District of Texas) Baker Botts represented Cirrus Logic in asserting a Cirrus Logic patent concerning video graphics processors.
  • Commonwealth Scientific and Industrial Research Organisation v. AT&T (Eastern District of Texas) Baker Botts defended AT&T in a patent infringement lawsuit concerning a patent relating to wireless communications.
  • Compaq Computer Corporation v. Intermec (Southern District of Texas) Baker Botts defended Intermec in a patent infringement lawsuit concerning patents directed to computer architecture for mobile computer systems.
  • Core Laboratories LP v. Gray Wireline Service, Inc. (Western District of Texas) Baker Botts defended Gray Wireline in a patent infringement lawsuit concerning oil and gas production methods.
  • Data Network Storage Corp. v. Dell Inc. (Northern District of Texas) Baker Botts defended Dell in a patent infringement lawsuit concerning storage networks, resulting in a summary judgment of noninfringement.
  • Digital Choice of Texas LLC v. Dell Inc. (Eastern District of Texas) Baker Botts defended Dell in a patent infringement lawsuit concerning parental control systems for DVD players.
  • DSC Communications v. Next Level Communications (Eastern District of Texas) Baker Botts represented DSC in a trade secret misappropriation case relating to telecommunications equipment. DSC obtained a $370 million jury verdict. Following appeal, DSC collected nearly $150 million.
  • E-Contact Technologies, Inc. v. Dell Inc. (Eastern District of Texas) Baker Botts represented Dell in a patent infringement lawsuit concerning e-mail aliasing in mobile devices. The Court invalidated the asserted claims of the patent on the basis of Dell’s claim construction arguments.
  • Eolas Technologies Incorporated v. Perot Systems Corp. (Eastern District of Texas) Baker Botts defended Perot Systems in a patent infringement lawsuit concerning web site operation.
  • EpicEdge v. Reliant Energy (Harris County, Texas) Baker Botts defended Reliant Energy in a commercial litigation in Texas state court concerning a software development contract.
  • Gammino v. SBC Communications Inc. (Eastern District of Pennsylvania), Gammino v. Southwestern Bell Telephone, L.P. (Northern District of Texas), Gammino v. Illinois Bell Telephone Company (Northern District of Illinois), and Gammino v. The Ohio Bell Telephone Company (Southern District of Ohio) Baker Botts defended AT&T in a series of patent infringement lawsuits concerning patents directed to an algorithm for blocking international telephone calls. The district court in the Texas lawsuit granted summary judgment in AT&T’s favor, invalidating the asserted claims of both Gammino patents and finding the properly construed claims not infringed (Gammino v. Southwestern Bell Telephone, L.P., 512 F.Supp.2d 626 (N.D. Tex. 2007)). The Federal Circuit affirmed the judgment of invalidity as to the asserted claims of both Gammino patents (Gammino v. Southwestern Bell Telephone, L.P., 2008 WL 515011 (Fed. Cir. 2008)).
  • Ganas LLC v. Dell Inc. (Eastern District of Texas) Baker Botts defended Dell in a patent infringement lawsuit concerning Internet-based communications protocols.
  • Garnet Digital, LLC v. Dell Inc. (Eastern District of Texas) Baker Botts defended Dell in a patent infringement lawsuit concerning camera features of mobile phones.
  • GlobeTecTrust LLC v. AT&T (District of Delaware) Baker Botts defended AT&T in multiple patent infringement lawsuits brought by GlobeTecTrust concerning optical network technologies and optical fiber management fixtures.
  • Guardian Media Technologies v. AT&T (Eastern District of Texas) Baker Botts defended AT&T in a patent infringement lawsuit concerning parental control systems for set top boxes.
  • Guardian Media Technologies v. Dell Inc. (Central District of California) Baker Botts defended Dell in a patent infringement lawsuit concerning parental control systems for televisions and DVD players.
  • Halliburton Energy Services, Inc. v. Weatherford International, Inc. (Northern District of Texas) Baker Botts represented Halliburton in a patent infringement lawsuit relating to composite packers, bridge plugs, and frac plugs. The jury returned a $34 million verdict in Halliburton’s favor.
  • Hopewell Culture & Design LLC v. Dell Inc. (Eastern District of Texas) Baker Botts defended Dell in a patent infringement lawsuit concerning operating system software for personal computer systems.
  • Hybrid Audio LLC v. Dell Inc. (Eastern District of Texas) Baker Botts defended Dell in a patent infringement lawsuit relating to audio compression algorithms.
  • InMotion Imagery Technologies LLC v. Dell Inc. (Eastern District of Texas) Baker Botts defended Dell in a patent infringement lawsuit concerning video software.
  • InterVideo and Corel TW v. Dell Inc. (Northern District of Californiaand Personal Computer/Consumer Electronic Convergent Devices, Components Thereof, and Products Containing Same, 337 TA 558 (U.S. International Trade Commission) Baker Botts defended Dell in district court and before the U.S. International Trade Commission against claims brought by InterVideo and Corel TW concerning a patent directed to computer system startup functionality. After three years of litigation, InterVideo and Corel voluntarily dismissed the district court action and the ITC investigation.
  • IPLearn, LLC v. Perot Systems Corp. (Eastern District of Texas) Baker Botts defended Perot Systems in a patent infringement lawsuit concerning educational software.
  • Lyondell Petrochemical v. ABB Lummus Global (Harris County, Texas) Baker Botts represented Lyondell Petrochemical in a trade secret misappropriation lawsuit in Texas state court concerning the design of petrochemical manufacturing facilities.
  • Macleod v. Dell Inc. (Central District of California) Baker Botts defended Dell in a patent infringement lawsuit concerning the design of display screens for laptops and monitors.
  • Malik Cable Devices Co. v. Teledyne Technologies Incorporated (Southern District of Texas) Baker Botts defended Teledyne in a trade secret misappropriation lawsuit concerning the design of connectors for traveling wave tubes in aircraft.
  • Media Digital Corporation v. Dell Inc. (District of Vermont) Baker Botts defended Dell in a patent infringement lawsuit concerning touch screen computer systems.
  • MedioStream Inc. v. Dell Inc. (Eastern District of Texas and Northern District of California) Baker Botts defended Dell in a patent infringement matter concerning video software. The lawsuit involved multiple venues, reexamination proceedings, and interim appeals to the Court of Appeals of the Federal Circuit and the United States. After six years of litigation in multiple courts, the district court granted summary judgment of invalidity and license in Dell’s favor (MedioStream Inc. v. Microsoft Corporation, 2013 WL 6659070 (N.D. Cal. 2013)).
  • Morris v. Dell (Eastern District of Texas) Baker Botts defended Dell in a patent infringement lawsuit involving computer system architecture.
  • North Texas Patent Group v. Dell (Eastern District of Texas) Baker Botts defended Dell in a false marking lawsuit.
  • National Semiconductor v. Dell Inc. (District of DelawareBaker Botts defended Dell in a patent infringement lawsuit concerning electrostatic discharge circuits, charge pump circuits and software modems.
  • NovelPoint Tracking LLC v. Dell Inc. (Eastern District of Texas) Baker Botts defended Dell in a patent infringement lawsuit concerning GPS features of mobile phones.
  • O2 Micro International Limited v. Samsung Electronics Co., Ltd and Samsung Electronics America, Inc. (Eastern District of Texas) Baker Botts defended Samsung Electronics in a patent infringement lawsuit involving multiple patents concerning inverter controller circuits for LCD displays.
  • ON Semiconductor Corporation v. CMOSIS N.V. (Eastern District of Texas) Baker Botts represented ON Semiconductor in a patent infringement action concerning image sensors.
  • Our Home v. Reliant Energy (Harris County, Texas) Baker Botts defended Reliant Energy in a trade secret misappropriation lawsuit in state court in which client Reliant Energy was accused of misappropriating the idea for and design of a home services Web site. Following a two-week jury trial, the jury found for Reliant Energy on all claims.
  • Pipe Liners v. Ultraliner (Central District of California), Ultraliner v. Pipe Liners (Northern District of Alabama), and Pipe Liners v. Griner’s Pipeline Services (Middle District of Florida) Baker Botts represented Pipe Liners in a series of patent infringement lawsuits involving patents for a pipeline rehabilitation process.
  • Preservation Technologies LLC v. AT&T (Central District of California) Baker Botts defended AT&T in a patent infringement lawsuit concerning video search systems.
  • Pugh v. O.F. Mossberg & Sons (Southern District of Texas) Baker Botts defended Mossberg in a lawsuit involving claims of patent infringement and misappropriation of trade secrets relating to the design of personalized firearms.
  • Safeplex Systems, Inc. v. RTP Corporation (Harris County, Texas) Baker Botts defended RTP Corporation in a trade secret misappropriation lawsuit in Texas state court concerning the design of manufacturing facilities.
  • Schlumberger Technology Corporation and Geco A/S v. Thomson-CSF S.A. (Harris County, Texas) Baker Botts represented Schlumberger entities in a trade secret misappropriation lawsuit in Texas state court concerning the design of seismic acquisition equipment.
  • Selene Communication Technologies LLC v. Dell Inc. (District of Delaware) Baker Botts defended Dell in multiple patent infringement lawsuits concerning search technology and intrusion detection systems.
  • Technasonic, Inc. v. Waterloo Golf L.L.C. (Northern District of Illinois) and Waterloo Golf L.L.C. v. Technasonic, Inc. (Western District of Texas) Baker Botts represented Waterloo Golf in a series of patent infringement lawsuits concerning a patent for golf ball balancing devices.
  • Texas MP3 Technologies v. Samsung Electronics, (Eastern District of Texas) Baker Botts represented Samsung Electronics in a patent infringement lawsuit concerning a patent directed to handheld MP3 devices.
  • TIP Systems LLC and TIP Systems Holding Co., Inc. v. AT&T Corp. (Southern District of Texas) Baker Botts defended a group of AT&T entities in a patent infringement lawsuit involving multiple patents concerning inmate payphones.
  • TiVo Inc. v. AT&T (Eastern District of Texas) and AT&T Intellectual Property I v. TiVo Inc. (Northern District of California) Baker Botts defended a group of AT&T entities in a patent infringement lawsuit involving digital video recorders and represented an AT&T entity in asserting a set of patents against TiVo.
  • UbiComm LLC v. Dell Inc. (District of Delaware) Baker Botts defended Dell in a patent infringement lawsuit concerning distributed computer systems.
  • Wavport L.L.C. v. AT&T Mobility LLC (Eastern District of Texas) Baker Botts defended AT&T Mobility in a patent infringement lawsuit concerning voice-activated dialing systems. All of the claims of the asserted patent were canceled in ex parte reexamination.
  • WesternGeco v. Veritas (Harris County, Texas) Baker Botts represented WesternGeco in a trade secret misappropriation lawsuit in Texas state court concerning a migrating employee and seismic acquisition equipment.
  • Virtual Hold Technology, L.L.C. v. Genesys Telecommunication Laboratories, Inc. (Eastern District of Texas) Baker Botts represented Genesys in a patent infringement case involving call processing technology.

Awards & Community

Recognized in Chambers USA for Intellectual Property, 2018-2020

Recognized as a Texas Super Lawyer (Thomson Reuters), 2014-2018

Recognized in Intellectual Asset Management's IAM Patent 1000, 2014 & 2017

Education

J.D., The University of Texas School of Law 1994
with honors

B.S., electrical engineering, The University of Texas 1990

Admissions & Affiliations

State Bar of Texas

United States Patent and Trademark Office

United States Supreme Court

United States Court of Appeals for the Federal Circuit

United States District Courts for the Southern, Eastern and Western Districts of Texas