Mr. Healey has been litigating complex cases in Federal and State Courts for twenty-five years, and has been focused on patent litigation and related antitrust and tort claims since 1994. Mr. Healey has tried cases in the Federal Courts, International Trade Commission, International Chamber of Commerce (Arbitration), American Arbitration Association, NASD Arbitration Forum, and private arbitration. He has argued appeals in the Federal Circuit, Fifth Circuit and Fourth Circuit Courts of Appeals, as well as the Texas Supreme Court and Texas Intermediate Courts of Appeals. Mr. Healey has been actively involved in planning and executing multi-jurisdictional strategies involving courts in the U.S. and Europe, and administrative agencies (including re-examination in the US PTO, invalidity and declaratory judgment actions in Europe, and state regulatory matters). Mr. Healey has worked on patent and antitrust issues with the Federal Trade Commission, and has represented clients patent related competition matters before the Federal Trade Commission as well as the European Union.
Mr. Healey has put substantial effort recently into ways to better manage patent litigation to reduce costs and the internal burden on clients. He has successfully developed strategies for dealing with non-practicing entities to defend patent claims quickly and cheaply.
Mr. Healey has been involved in negotiating patent licenses in the semiconductor and software industries, he has represented clients in dealing with obligations and licensing in standard-setting organizations, and he has litigated the substantive and anticompetitive effects of licenses in court, in arbitration, and in administrative agencies.
Mr. Healey has also been a frequent speaker on patent and antitrust matters, and has been fortunate enough to have been recognized by industry polls and publications for his work. Additionally, he is the author of Patent Math, a blog that regularly discusses patent business and legal strategies; he can be followed at www.patentmath.com.
Mr. Healey graduated from the University of Texas School of Law in 1985 with honors, and Brown University in 1982. Mr. Healey served as law clerk to the Honorable James DeAnda, United States District Judge, Southern District of Texas, from 1985-1987.
Mr. Healey has been active in the State Bar of Texas Intellectual Property Committee, the Eastern District of Texas Bar Association, and community projects where he lives in the Houston area. Prior to opening Fish & Richardson’s Houston Office, Mr. Healey was a partner in the patent litigation section of an international law firm, and previously was a partner in his own patent litigation boutique firm, as well as a national patent litigation boutique firm in Houston, Texas.
Representative Intellectual Property engagements
ION Geophysical in post-trial motions after $100 million adverse judgment.
NexPay and Talon in multiple trade secret, patent and copyright matters arising out of third-party payor claims administration systems and software.
Cyberonics, Inc. in licensing dispute involving medical device patents.
Drilformance LLC in licensing matters.
Smartphone manufacturer on standard-setting issues.
Electronic device maker on patent pool issues.
Zenith in patent lawsuit on television receivers.
TradeStation Group, Inc. and subsidiaries in patent lawsuit on securities and commodities trading software, and Federal Circuit Appeal.
BMC in patent lawsuit on security software.
McAfee in multiple lawsuits on antivirus software.
LG in ICCC arbitration over patent license fees.
LG Electronics in a patent lawsuit on plasma displays.
McAfee in a Federal Circuit appeal from an adverse judgment in a patent case involving network security software.
Adobe in multiple patent infringement cases involving distributed computing patents.
Manufacturer of music players and smartphones in multiple cases on software.
Samsung in multi-jurisdictional litigation involving memories, including claims for patent infringement, breach of contract, unfair competition, fraud and antitrust violations in standard-setting in the Northern District of California, the Eastern District of Virginia, Delaware Chancery Court, the FTC and the EU.
Samsung in Texas State Court fraud and antitrust cases involving licensing and standard-setting for DRAMs.
The University of Texas in establishing and managing a standard-setting group in the chemical and oil refinery construction industry.
Kvaerner in an antitrust and unfair competition case over patents alleged against standards for offshore oil exploration equipment.
Samsung in ITC and Federal Court litigation over patents asserted against ETSI standards for wireless communications.
Samsung in licensing negotiations over CDMA and WCDMA wireless technology.
Samsung in licensing involving NAND Flash Memory.
Exxon-Mobil in defense of a patent lawsuit against configuration of undersea pipelines.
Exxon-Mobil in licensing and trade secret disputes involving chemical catalysts.
Exxon-Mobil in patent litigation over chemical filters.
William Riles against Amerada Hess over patent for installation of offshore drilling platform.
Nextsport in a lawsuit involving a mechanical patent involving turning mechanisms for scooters.
Microsoft in multiple patent lawsuits involving Windows, Office, email.
SciCoTec and Dr. Alt in a patent lawsuits against Medtronic over pacemaker technology.
SciCoTec and Dr. Alt in arbitration and a patent lawsuit against Boston Scientific over stents and catheters.
Samsung in a trade secret lawsuit in trial and interlocutory appeal involving "third generation switching" telephony technology.
Lexar Media in trade secret and patent lawsuits against Toshiba on NAND Flash Memory technology.
Samsung in trial and appeal in a patent lawsuit on amorphous silicon decided on inequitable conduct.
NetIQ in AAA arbitration over computer software patents.
Samsung in International Chamber of Commerce arbitrations over 2G and 3G patent rights and license.
TitleData in copyright and trade secret licensing and regulatory matters.
Computer Associates in computer software copyright litigation.
Sony Music in formulating new legal strategy for confirmation of contracts with underage performers (Destiny’s Child).
Other Representative Litigation engagements
Represented Respondents in Texas Supreme Court on First Amendment lawsuit.
Represented lawyer on certain substantive constitutional issues as part of the defense of a multi-count RICO indictment.
Represented Hartford Insurance Group of companies in over fifty class actions involving antitrust, consumer protection (credit scoring, claims management practices, pricing and underwriting) and state regulatory issues from 1987-2005.
Represented Westinghouse (Siemens Westinghouse) in construction and trade secret litigation.
Represented Reuters in tax litigation as well as unfair competition litigation in Texas State trial and appellate courts.
Represented Oppenheimer & Co. in numerous securities arbitrations.
Represented MALDEF and ACLU in cases involving statutes to prohibit rental of housing based on immigration status.
Represented John O’Quinn in lawsuit against State Bar of Texas.
Represented MCorp in trial against FDIC.
Represented Greyhound in trial against NLRB.
Represented Texas State Optical in securities case in trial court and interlocutory appeal against Grand Metropolitan plc and Pearl Vision.
May 19, 2015
Fish & Richardson Receives Top “Band 1” National Rankings for Intellectual Property and ITC Practices from Chambers USA 2015
June 15, 2016
Fish & Richardson Named to IAM Patent 1000 for National Patent Litigation and Prosecution Practices
June 8, 2016
Fish Receives Top “Band 1” National Rankings for Intellectual Property and ITC Practices in Chambers USA 2016
June 2, 2016
Fish & Richardson Announces 37 Attorneys Named “IP Stars” by Managing Intellectual Property Magazine
July 1, 2015
Fish & Richardson Named to IAM Patent 1000 for National Patent Prosecution and Litigation Practices
September 17, 2014
Fish & Richardson Announces 40 Attorneys Included in The Best Lawyers in America® 2015
July 8, 2014
Fish Announces 39 Attorneys Named “IP Stars” by Managing Intellectual Property Magazine
July 1, 2014
Fish & Richardson Named to IAM Patent 1000
June 19, 2014
Fish Named Texas Powerhouse by Law360
June 11, 2014
Fish Receives Top “Band 1” National Rankings for Intellectual Property and ITC Practices from Chambers USA 2014
February 7, 2014
Fish & Richardson Announces 17 Attorneys Selected for 2014 Chambers USA
December 3, 2013
Standard setting, competition law and FRAND licensing in Europe and the United States