• PRACTICE FOCUS+
  • INDUSTRIES+
  • EDUCATION+
    • University of Texas
      J.D., magna cum laude, 1991
    • Rice University
      B.A. in Chemistry and Physics, summa cum laude, 1987
  • ADMISSIONS+
    • Texas
    • U.S. Court of Appeals for the Federal Circuit
    • U.S. Court of Federal Claims
    • U.S. District Court, Southern District of Texas
    • U.S. District Court, Northern District of California
  • CLERKSHIP+

L. Gene Spears

Gene Spears practices in the area of litigation with experience across all phases – planning, discovery, strategy and trial (both to bench and juries). Mr. Spears focuses his practice on intellectual property claims and has litigated patent, copyright and trade secret claims in Texas state court, multiple federal district courts, the Court of Federal Claims and the International Trade Commission. This litigation has encompassed a variety of technologies, including DNA sequencing reagents, home refrigerators, crawler cranes, geolocation and security software, solid-state device manufacture, fertilizer manufacture and the preparation of reduced-fat cheesecakes.

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Gene Spears practices in the area of litigation with experience across all phases – planning, discovery, strategy and trial (both to bench and juries). Mr. Spears focuses his practice on intellectual property claims and has litigated patent, copyright and trade secret claims in Texas state court, multiple federal district courts, the Court of Federal Claims and the International Trade Commission. This litigation has encompassed a variety of technologies, including DNA sequencing reagents, home refrigerators, crawler cranes, geolocation and security software, solid-state device manufacture, fertilizer manufacture and the preparation of reduced-fat cheesecakes.

In addition to this litigation work, Mr. Spears has been responsible for the preparation and prosecution of patent applications in the chemical field, and has advised clients (outside the litigation context) regarding issues of patent infringement, validity, licensing and acquisition of intellectual property.

After graduating from law school, he served as a law clerk to the Honorable Helen Nies of the United States Court of Appeals for the Federal Circuit in Washington, D.C.

Experience

  • Enzo Biochem and Yale University v. Applera Corp (District of Connecticut) Tried to a $60M judgment a claim for infringement of patents relating to DNA sequencing reagents.
  • In re Certain Crawler Cranes (International Trade Commission) Secured an exclusion order for client against competitor’s import of crawler cranes designed using its trade secrets.
  • Gyro Data v. Gyro Technologies (Southern District of Texas) After defending a preliminary injunction request to a finding that the asserted patent, directed to well-survey equipment, was likely invalid, case settled on terms favorable to client.
  • Whirlpool Corp. v. LG Electronics (District of Delaware) Client’s patent, directed to an “in-door” icemaker for a home refrigerator, found valid and infringed by a jury.
  • CFMT v. FSI International (District of Delaware) Defended a patent infringement claim relating to semiconductor manufacturing equipment. A summary judgment of invalidity and a determination of inequitable conduct was vacated on appeal, and the case settled thereafter.
  • Bayer Corporation v. PSS (Northern District of Florida) Prosecuted a patent infringement claim relating to urine diagnostics. Case settled with an agreed injunction.
  • Novartis v. Monsanto (District of Delaware) Defended a patent infringement claim relating to genetically engineered plants. Case settled following a jury verdict of invalidity and a tentative finding of inequitable conduct.
  • Ott v. Goodpasture, Inc. (Northern District of Texas) Defended a patent infringement claim relating to fertilizer compositions. Patent was held invalid and unenforceable for inequitable conduct.
  • Hester v. Stein (Eastern District of Virginia) Defended a patent infringement claim relating to industrial chicken cookers. Patent was held invalid.
  • Sievers v. Antech (Southern District of Texas) Defended a patent infringement claim relating to sulfur detection equipment. Patent was held not infringed.
  • In re certain Home Vacuum Packaging Machines (International Trade Commission) Defended the importer against a patent infringement claim. Case settled after denial of the patentee’s motion for temporary relief.
  • Semantech Corp. v. Altris, Inc. (Eastern District of Texas) Defended and prosecuted claims of patent infringement relating to network control software. Case settled on terms favorable to client.

Memberships & Affiliations

  • State Bar of Texas
  • United States Patent and Trademark Office
  • Houston Bar Association
  • Houston Intellectual Property Law Association

Recognition

  • Chambers USA: America's Leading Lawyers for Business, 2006-2017
  • The Best Lawyers in America©, 2009-2017
  • IAM Patent 1000 World’s Leading Patent Practitioners, 2012-2017
  • AV® Preeminent Peer Review Rated by Martindale-Hubbell