Jason Cassady

Practice Areas

Intellectual Property, Patent Infringement, Commercial Litigation, Co-founder Disputes

Career

Jason D. Cassady is a trial lawyer who focuses on intellectual property litigation and complex commercial litigation. He has served as trial counsel or lead trial counsel in multiple federal trials, including courtroom victories in patent cases involving such diverse technologies as secure computer networking, integrated circuits, video game controllers, and computer operating systems.

Mr. Cassady also has represented parties on both sides of the aisle in areas such as drill bit technology, balloon angioplasty catheters, and electronic checking. In his pro bono practice, he has tried and won numerous criminal defense cases alleging assault, resisting arrest, and evading arrest. His track record as trial counsel includes multiple jury awards ranked among the Top 100 Verdicts in the United States. He also has won the largest intellectual property verdict in Texas on multiple occasions.

Expert in these Jurisdictions

Texas State Courts

U.S. Court of Appeals for Federal Circuit

U.S. District Court for the Northern, Southern, Eastern, and Western Districts of Texas

U.S. District Court for the Northern District of Florida

U.S. District Court for the Eastern District of Missouri

U.S. District Court for the Eastern District of Wisconsin

U.S. Court of Appeals for the Fifth Circuit

U.S. Supreme Court

Work Highlights

Constellation Designs, LLC v. LG Electronics Inc., et al.

Mr. Cassady successfully represented Delaware-based Constellation Designs, LLC, as lead trial counsel by securing a $1.68 million verdict in a hotly contested patent infringement lawsuit against South Korea’s LG Electronics Inc. and its affiliates.

The jury in the U.S. District Court for the Eastern District of Texas found that LG Electronics willfully infringed several Constellation Designs patents to manufacture OLED and QNED televisions and other products, assessing damages amounting to $6.75 per unit for each infringing product sold under the emerging ATSC 3.0 (NextGen TV) standard for television broadcasts.

Smartflash Litigation

Mr. Cassady represented Smartflash in its patent infringement actions involving the company’s data storage and access system patents against Apple’s iTunes store and the Google Play feature in Samsung and HTC products.

VirnetX Inc. v. Apple Inc.

Mr. Cassady represents VirnetX in the company’s patent infringement litigation against technology giant Apple Inc. In a dispute that the Eastern District of Texas trial court said has attained Dickensian proportions, Caldwell Cassady & Curry has helped VirnetX win favorable verdicts in five separate trials where each jury awarded over $300 million in damages. In late 2012, we helped VirnetX win a $368 million verdict when a federal jury determined that Apple had infringed four VirnetX patents to produce the VPN On Demand and FaceTime features in the popular iPhone and other Apple products. After the case was sent back for a new trial on damages, we won again by securing a $625 million verdict for VirnetX in February 2016 after jurors in the U.S. District Court for the Eastern District of Texas found that Apple continued to infringe VirnetX’s patents following the first trial to produce the FaceTime and re-designed VPN On Demand features. The jury also found that Apple’s infringement was willful regarding FaceTime and VPN on Demand. The court later vacated its order to consolidate the matters and set the cases for two separate jury trials focusing on different versions of Apple features. In the first new trial heard in September 2016 pertaining to the earlier generations of products, we helped VirnetX win a $302 million verdict against Apple before a new Eastern District jury. The verdict was entered as a $439.7 million judgment in September 2017 and affirmed on appeal by the U.S. Court of Appeals for the Federal Circuit. In the second new trial heard in April 2018 addressing the newer generations of products, a different Eastern District jury awarded a unanimous verdict of $502.6 million in favor of VirnetX after finding Apple’s infringement was willful. After that verdict was sent back for a new trial on damages, a final trial was held in Fall 2020, again in the Eastern District of Texas. In that trial, we secured a $502.8 million jury verdict following the Federal Circuit’s affirmance of the 2018 finding that Apple’s VPN On Demand in iOS versions 7.0 and later infringed VirnetX’s patents. The district court later denied Apple’s request for a new trial and entered the jury’s verdict in favor of VirnetX as a final judgment.

VirnetX Inc. v. Microsoft Corp.

As lead trial counsel, Mr. Cassady represented VirnetX in its multi staged patent litigation and licensing with Microsoft. In 2011, a jury awarded VirnetX $105,000,000 in its verdict and found that Microsoft’s infringement had been willful. That case settled after VirnetX moved for a permanent injunction. In subsequent litigation involving additional infringement assertions, Microsoft settled before trial.

Bedrock Computer Techs. v. Google Inc.

Mr. Cassady represented Bedrock as trial counsel in a suit filed against Google for patent infringement involving methods for efficiently removing expired data from information storage and retrieval systems. The case settled shortly after the jury awarded $5 million in favor of Bedrock.

VirnetX v. Mitel, et al.

As lead counsel, Mr. Cassady represented VirnetX in matters against Siemens, Mitel, and Avaya regarding security technology for IP phones and other IP related communications. Siemens, Mitel, and Avaya settled litigation involving patent infringement before trial.

Dr. Robert Morley v. Square Inc.

Mr. Cassady represents Dr. Morley in his suit against Square, Inc., Jack Dorsey, and Jim McKelvey for patent infringement and breach of joint-venture and fiduciary duty, misappropriation of trade secrets, and for exclusion of Dr. Morley from Square. Dr. Morley revolutionized the mobile payment industry with his invention of the Square card reader. A trial in the Eastern District of Missouri is scheduled for mid-2016.

Anascape, Ltd. v Nintendo. et al.

Mr. Cassady represented Anascape in its patent infringement lawsuit against Microsoft and Nintendo involving video game controller technology. After a two-week trial in the Eastern District of Texas, Anascape obtained a jury verdict against Nintendo. Microsoft and Anascape reached a confidential settlement on the eve of trial.

Opti Inc. v. Apple Inc.

Mr. Cassady, as trial counsel, represented Opti, Inc. in a patent infringement suit against Apple regarding its patent regarding a computer operation that enables a “pre-snooping” function designed to allow for the more efficient transfer of data. A jury found that Apple willfully infringed Opti’s patent and awarded $19 million in damages. The case settled during appeal.

Education

Awards