110 N. College Avenue
Tyler, Texas 7570
Mr. Gardner's practice focuses primarily upon complex commercial litigation, working for both Plaintiffs and Defendants. He has represented clients in a wide variety of litigation matters, including:
Patent and Intellectual Property
Speaker, MCLE program and panel discussion on October 21, 2010 at the Eastern District of Texas Bench Bar Conference in Plano, Texas entitled "Twombly and Rule 11 Due Diligence – East Texas Style." The panel addressed the Twombly decision and its progeny as it has been applied in the Eastern District of Texas.
Texas Elements of an Action, (2010-11 ed.), Vol. 16. of the Texas Practice Series, published by West, a Thomson Reuters business (last updated 10/12/2010). For additional information, and to order a copy, please visit the Thomson West website.
Moderator, CLE program and roundtable discussion on August 6, 2010 at the 2010 ABA Annual Meeting in San Francisco, CA entitled "The Outcome of CIPRO and Its Effect on Reverse Payments." The roundtable analyzed reverse payment pharmaceutical settlements and the impact of U.S. antitrust laws, including the In re Ciprofloxacin Hydrochoride decision by the U.S. Court of Appeals for the Federal Circuit, the decisions of the other Federal Circuits, the Department of Justice, the Federal Trade Commission, and pending legislation.
Co-Editor, "Patent Obviousness in the Wake of KSR International v. Teleflex Inc.," published by The American Bar Association. The book presents a review of how the U.S. Supreme Court's 2007 KSR International Co. v. Teleflex Inc. has been analyzed, applied, and considered by the International Trade Commission and the U.S. Patent and Trademark Office, the district courts of the various circuits, and the U.S. Court of Appeals for the Federal Circuit. For additional information, and to order a copy, please visit the American Bar Association web store.
Remember Your Audience and Stay Simple, Intellectual Property Litigation, Vol. 21, No. 1, Fall 2009.
Texas Elements of an Action, (2009-10 ed.), Vol. 16. of the Texas Practice Series, published by West, a Thomson Reuters business. For additional information, and to order a copy, please visit the Thomson West website.
Annual Review of Intellectual Property Law Developments, 2006-2008, ABA Section of Intellectual Property Law. (Contributions: Proposed Continuation Rules Voided as Exceeding USPTO Rule Making Authority, 9; Teaching-Suggestion-Motivation Test Found Too Formalistic, 97; Application of Modern Electronics to Prior Art Mechanical Devices Is Obvious, 100; Joint Infringement: A Misnomer, 139; “Objective Recklessness” Standard Adopted for Willful Infringement, 140; Traditional Four-Factor Test for Injunctive Relief Applies to Patent Disputes, 190; Actual Controversy Requirement Met without Patent Licensee Terminating License Agreement, 219.)
Pitfalls in Disclosing Prefiling Investigations and Ways to Lessen Them, Intellectual Property Litigation, Vol. 20, No. 1, Fall 2008.
MedImmune: How to Immunize Against It, Intellectual Property Litigation, Vol. 19, No. 2, Winter 2008.
The Practical Side of eBay, Intellectual Property Litigation, Vol. 18, No. 4, Summer 2007.
Microsoft v. AT&T: Does U.S. Patent Law Apply to Exported Software?
American Bar Association, The ABA Center for Continuing Legal Education Teleconference,
May 24, 2007
IP Litigation: Economic and Strategic Effects of Local Rules and Forum Selection
SpringPosium - Intellectual Property CLE Symposium
Atlanta, Georgia, April 12, 2007
Of-Counsel, Brief of the American Bar Association as Amicus Curiae Supporting Respondents, KSR International Co. v. Teleflex, Inc., et al.
Fall Small Business Development Lectureship Series, Fall Legal Class
Tyler Junior College, 2004-2010
Ethical Issues Update, Tyler Area Association of Legal Professionals, July 10, 2008
|Areas of Practice||1) Patent and Intellectual Property, 2) Commercial, 3) Antitrust, 4) Products Liability and 5) Appellate|
|Law School||J.D., Baylor University School of Law, cum laude, February 2004|
|Education||B.B.A., Texas A & M University, May 2000|
|Bar Member / Association||American Bar Association, Smith County Bar Association, State Bar of Texas|
|Most recent firm||Potter Minton|
A. Harrison Barnes is a well-known attorney throughout the United States. As a member of the Malibu community, Harrison is committed to serving the needs of Malibu residents and businesses in legal matters.
Benjamin P. Smith is a partner in Morgan Lewis's Litigation Practice. He is a trial lawyer with a particular focus on high-stakes disputes in the biotechnology, medical device, and internet industries.