Legal News


BRIGHT DATA LTD PREVAILS IN PATENT TRIAL AGAINST OXYLABS
11/06/2021

On November 5, 2021, a Marshall, Texas in the Eastern District of Texas returned a verdict in favor of Bright Data Ltd. in a patent infringement action filed against Teso LT, UAB, Oxysales, UAB, and Metacluster LT, UAB, which collectively use the name “Oxylabs.” The jury found that all of Bright Data’s asserted patent claims were valid, that Oxylabs infringed Bright Data’s patent rights, that Oxylabs' infringement was willful and that Bright Data was entitled to recover its lost profits from Oxylabs. Bright Data was represented in this case by national counsel Ryak Cherian LLP, Capshw Derieux LLP and MT2 Law Group attorneys Mark Mann and Blake Thompson.


ANDY TINDEL SERVES AS PANELIST FOR 2021 E.D. TEX. BENCH/BAR CONFERENCE
10/14/2021

Andy Tindel served as a panelist on the "The Hindsight Track: What Seasoned Lawyers Will Share with Young Lawyers and Old Alike about Career Missteps and Lucky Breaks" presentation at the 2021 Eastern District of Texas Bench/Bar Conference held in Plano, Texas. Fellow panelist included Doug Cawley, McKool Smith; Michael J. McKeon, Fish & Richardson; Gil Gillam, Gillam & Smith; Tim Durst, O’Melveny & Myers; Ruffin Cordell, Fish & Richardson and Moderator Danielle Williams, Winston & Strawn. Andy is past board member and president of the Eastern District Bar Association and a frequent CLE speaker and presenter on Federal Court trial and appellate practice topics.


MT2 LAW GROUP SECURES APPELLATE VICTORY FOR VISTRA CORP.
09/18/2021

In a decision issued on September 17, a final judgment in a Trepass to Try Title action brought by a Vistra Corp. subsidiary was affirmed by the United States Court of Appeals for the Fifth Circuit in the case of Luminant Mining Company, LLC vs. Parker, 14 F.4th 375 (5th Cir. 2021). Writing for the panel, Circuit Judge Cory T. Wilson held that Luminant had conclusively established its adverse possession title to the lands in question and held them in fee simple as against defendants' non-partioned joint tenancy ownership claim. ANDY TINDEL served as lead appellate counsel for Luminant in the appeal with assistance from fellow MT2 lawyers Blake Thompson and Nelson Hall.


ANDY TINDEL RECOGNIZED IN BEST LAWYERS IN AMERICA ® FOR INTELLECTUAL PROPERTY LITIGATION
08/19/2021

Andy Tindel has been recognized in the 28th Edition of The Best Lawyers in America® for high caliber of work in in the practice area of Litigation - Intellectual Property. With this distinction, Andy now rank among the top 5 percent of private practice attorneys nationwide, as determined a rigorous peer-review survey comprised of more than 10.8 million confidential -evaluations by top attorneys throughout the United States. Best Lawyers® has been regarded-by both the profession and the public-as the most credible measure of legal integrity and distinction in the United States. As such, recognition by Best Lawyers® symbolizes excellence in the practice of law.


ANDY TINDEL ONCE AGAIN NAMED A TEXAS SUPER LAWYER®
05/07/2021

Andy Tindel has been named a 2021 Texas Super Lawyer®. Tindel was first recognized as a Texas Super Lawyer® in 2003, the first year such honor was created, and has received this recognition each year thereafter. Super Lawyers recognizes the top lawyers in Texas as selected via a peer nomination process and based on the results of independent research. Selected lawyers are those who received the highest point totals during the nomination, research and peer review process.The list will be published in upcoming editions of Texas Super Lawyers Magazine® and Texas Monthly®.


MARSHALL JURY FINDS IN FAVOR OF GOOGLE IN PATENT INFRINGMENT TRIAL OVER YOUTUBE
11/06/2020

Google, Inc. was recently victorious in Marshall’s federal court in a verdict handed down by the jury on November 6,2020. The jury concluded that Google’s web-based You Tube service did not infringe a series of patents owned by Personalized Media Communications (PMC) related to adaptive video-streaming technology. PMC was seeking $183 million in damages in its case against Google. Google was represented by Charles Verhoeven, of the law firm of Quinn Emanuel Urquhart & Sullivan LLP, based in San Francisco, California and by Mark Mann of the MT2 Law Group.


TYLER JURY RETURNS A $502.8 MILLION PATENT VERDICT AGAINST APPLE
10/31/2020

Tyler, Texas - a federal jury has issued a $502.8 million verdict in favor of VirnetX, Inc. and Leidos, Inc. on two network security patents that were infringed by technology giant Apple Inc. The Oct. 30, 2020, verdict followed four days of trial before Judge Robert Schroeder III in the U.S. District Court for the Eastern District of Texas. The case is VirnetX Inc. and Leidos, Inc. v. Apple Inc., No. 6:12-CV-00855. The case focused on Apple's infringement of U.S. Patent No. 6,502,135 and No. 7,490,151. The jury's four men and three women were asked to determine how much Apple should pay for infringing the patents in the Apple iPhone and other devices. Their verdict includes damages of $0.84 per accused device since the 2013 launch of Apple's iOS 7 mobile operating system. ANDY TINDEL of the MT2 Law Group along with Donald Urrabazo of the Urrabazo Law Firm represented Leidos, Inc. in this action. VirnetX was represented by Caldwell, Cassady & Curry, P.C., Ward, Smith & Hill, PLLC and Parker, Bunt & Ainsworth, P.C.


ANDY TINDEL NAMED A TEXAS SUPER LAWYER FOR 18TH STRAIGHT YEAR
05/31/2020

Andy Tindel has been named a 2020 Texas Super Lawyer. Tindel was first recognized as a Texas Super Lawyer in 2003, the first year such honor was created, and has received this recognition each year thereafter. Super Lawyers recognizes the top lawyers in Texas as selected via a peer nomination process and based on the results of independent research. Selected lawyers are those who received the highest point totals during the nomination, research and peer review process.The list will be published in upcoming editions of Texas Super Lawyers Magazine and Texas Monthly.


LEIDOS RECOVERS $84.6 MILLION FROM APPLE IN VIRNETX LITIGATION
05/27/2020

Leidos, Inc. announced today that it has received $84.6 million from VirnetX, Inc. representing Leidos' current share of the proceeds resulting from the VirnetX's lawsuit against Apple Inc. for infringing VirnetX's patents. The final judgment in VirnetX and Leidos v. Apple, Case No. 6:10-cv-417, pending in the Eastern District of Texas remains subject to ongoing and potential future proceedings and appeals and Apple has indicated that it will seek restitution of its payment to VirnetX if relief is awarded. A second case brought by VirnetX and Leidos against Apple in the Eastern District of Texas, Case No. 6:12-cv-855, has been set for a trial on August 17 to determine the damages to be awarded against Apple for its infringement of additional VirnetX patents. Leidos is represented in both cases by Andy Tindel with the MT2 Law Group and Donald Urrabazo of the Urrabazo Law Firm, P.C.


APPLE HIT WITH $502.6 MILLION VERDICT
04/13/2018

TYLER, Texas – A jury in the Eastern District of Texas handed down a $502.6 million dollar verdict against Apple, Inc. after an eight-day trial that concluded on April 11 in a patent infringement action brought by VirnetX, Inc. and Leidos, Inc. The first phase of the trial focused on whether Apple’s redesigned FaceTime and VPN on Demand features infringed United States Patent Nos. 6,502,135; 7,490,151; 7,418,504 and 7,921,211 and the reasonable royalty owed by Apple for that infringement. In the second phase of the trial, the jury determined that Apple willfully infringed these patents – potentially subjecting Apple to imposition of enhanced damages of up to three times the amount of jury’s verdict in accordance with 35 U.S.C. § 284. ANDY TINDEL of the MT2 Law Group along with the Urrabazo Law Firm represented Leidos, Inc. in this action. VirnetX was represented by Caldwell, Cassady & Curry, P.C., Ward, Smith & Hill, PLLC and Parker, Bunt & Ainsworth, P.C.


$439.7 MILLION FINAL JUDGMENT ENTERED AGAINST APPLE
10/17/2017

On September 29, U.S. District Judge Robert Schroeder entered a $439.7 million judgment against Apple, Inc. in an action brought by VirnetX, Inc. and Leidos, Inc. (formerly SAIC). In September 2016, a Tyler, Texas federal jury returned a $302 million verdict against Apple, ruling that its VPN on Demand and FaceTime features had infringed patents related to VirnetX's patented internet security technology. Judge Schroeder's Final Judgment (unsealed on October 13) awarded VirnetX the full amount of the jury's verdict in addition to $41.3 million in enhanced damages and $96 million in costs, attorneys' fees and interest.  The trial of VirnetX and Leidos' other patent infringement action against Apple pending in the Eastern District of Texas may take place as early as March 2018.

Andy Tindel of the MT2 Law Group along with the Urrabazo Law Firm represented Leidos, Inc., co-plaintiff with VirnetX in the litigation against Apple. VirnetX is represented by Caldwell, Cassady & Curry, P.C., Ward & Smith, PLLC and Parker, Bunt & Ainsworth, P.C. 




TINDEL SPEAKS AT 2017 E.D. TEXAS BENCH/BAR CONFERENCE
10/04/2017

Andy Tindel served as the moderator for a panel discussion on “Words, Phrases & Rhetorical Ploys That Will Make Some Judge’s Skin Crawl. Are You Playing Russian Roulette With Your Briefing?” conducted on October 4, 2017 at the 21st Annual E.D. Texas Bench/Bar Conference sponsored by the Eastern District of Texas Bar Association.


"CIVILITY MATTERS" PROGRAM PRESENTED BY ANDY TINDEL
09/08/2017

Andy Tindel served as a panelist for a "Civility Matters" program delivered at a meeting of the Smith County Bar Association on September 8, 2018. The Civility Matters program was developed by the American Board of Trial Advocates with the hope that it would be presented at ABOTA educational activities, other bar and professional programs, and especially in every law school in the country. The programs feature first-hand lessons and experience from ABOTA members and are intended to instill values and standards that promote high regard for the legal profession. Tindel was joined on the panel by fellow East Texas ABOTA members Bill Cornelius and Trey Yarbrough.