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Floyd Nation, a partner in the firm’s Houston office, has more than 35 years of experience as a patent trial lawyer.
His cases have ranged from the mechanical and electromechanical fields to chemistry, software, business methods, biotechnology, and electronics. He has litigated matters concerning a variety of medical devices, oilfield equipment, food processing, semiconductor devices, software, and pharmaceuticals. In addition to serving as lead trial counsel in patent matters, he counsels clients on patent mediation, licensing, and infringement matters.
As lead trial counsel, Mr. Nation has obtained a $46 million jury award in a semiconductor patent case, settled a medical device case near the close of evidence for almost $50 million, and in another matter was awarded judgment as a matter of law, thereby avoiding a $75 million jury verdict.
Mr. Nation’s representative patent matters in which he served as lead trial counsel include the following:
- Streck, Inc. v. Research and Diagnostic Systems, et al. (D. Neb.; Fed. Cir.) Trial and appellate counsel to Streck, Inc. in an infringement action where a jury in the Nebraska district court found Streck patents directed to an integrated hematology control product were valid and infringed and issued a permanent injunction. The Federal Circuit affirmed on appeal.
- Streck, Inc. v. Research and Diagnostic Systems. (D. Neb.; Fed. Cir.) Trial and appellate counsel for Streck, Inc. in district court action pursuant to 35 U.S.C. § 146 regarding determination of priority of invention. The court found the Streck inventors were first to invent and awarded Streck priority, reversing previous ruling to the contrary by the United States Patent and Trademark Office Board of Patent Appeals and Interferences. The Federal Circuit affirmed on appeal and the Supreme Court denied cert.
- CollegeNET, Inc. v. MarketLinx, Inc. (W.D. Tx.; Fed. Cir.) Trial and appellate counsel for CoreLogic/MarketLinx in a patent infringement action involving a software system for the multiple listing service used in the real estate industry. Summary judgment of invalidity for obviousness was granted and the Federal Circuit affirmed on appeal.
- Crystal Semiconductor Corp. v. Opti Inc. (W.D. Tx.) Trial counsel in an infringement action regarding semiconductor chip design. A jury found the Crystal patents valid, infringed, enforceable, and awarded $46 million.
- Asyst Technologies, Inc. v. Empak Corp. (N.D. Cal.; Fed. Cir.) Trial counsel in an infringement action regarding a tracking system for a semiconductor wafer fab. The court granted a favorable judgment as a matter of law holding the Asyst patent invalid for obviousness thereby avoiding a $75 million jury verdict.
- Streck Laboratories, Inc. v. Beckman Coulter. (D. Neb.) Trial counsel in an infringement action regarding controls for hematology instruments. It was favorably settled after 8 days of trial before a jury.
- Deborah Charms v. Guidant Corp. (W.D. Tx.; Fed. Cir.) Trial and appellate counsel for Guidant in an infringement action regarding implantable heart defibrillators. The court granted summary judgment that the Charms patent was invalid for anticipation. The Federal Circuit affirmed on appeal.
- Hyperion Solutions Corp. v. Outlooksoft Corp. (E.D. Tx.) Trial counsel for Hyperion in a patent infringement action involving accounting methods software. Case was settled after jury verdict.
- Kinetic Concepts, Inc. v. Support Systems Int’l, Inc. (W.D. Tx.) Trial counsel in an infringement action regarding specialty, critical care hospital beds. Case settled after jury verdict.
- Storage Technology Corp. v. Quantum Corp. (D. Colo.) Trial counsel for Quantum in a multiple patent infringement action involving a magnetic tape data storage device and media. Case settled during trial after a successful preliminary injunction hearing.
Honors and Awards
Mr. Nation has been named a “Texas Super Lawyer” in each year since the award was established, and has also been recognized by the Who’s Who Legal guide to the best attorneys in Texas, which described him as a “notable adversary” in the area of patent law. Chambers USA has consistently ranked him among the premier patent litigators in Texas and noted his “abundant amount of experience dealing with patent litigation.” Mr. Nation has been named to The Best Lawyers in America for Intellectual Property, Patent Law, and Patent Litigation for more than 20 years. In 2012, he was recognized by Intellectual Asset Management (IAM) in their “IAM Patent 1000” as “one of the group’s most experienced practitioners.” IAM also noted that “he is well respected by federal judges in Texas and in other jurisdictions, and is able to communicate a client’s position to the court in a way that is highly effective.” Mr. Nation has been named the Best Lawyers’ 2013 Houston Trademark Law “Lawyer of the Year.”
Activities
Mr. Nation has served as the chairman of the Intellectual Property Law Section of the State Bar of Texas and president of the Austin Intellectual Property Law Association. He also taught a course on patent litigation as an adjunct professor at the University of Texas School of Law for several years.
Education
Mr. Nation received a B.M.E. in 1968 from the Georgia Institute of Technology and a J.D., with honors, in 1974 from the University of Texas School of Law.
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