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Warren Lipschitz

McKool Smith PC | Dallas, Texas, United States

A lawyer since 2012


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McKool Smith PC
300 Crescent Ct , Dallas, Texas, United States 75201-6970
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Warren Lipschitz is a lead trial lawyer focused on high-stakes intellectual property and competition cases.

Warren has won numerous patent infringement jury verdicts in federal court, including three recent judgments over $100 million. Warren represents both plaintiffs and defendants in patent infringement cases across a wide range of technologies, including the cellular standards, video coding standards, medical devices, and security-related software for cellular phones. Warren also has successfully represented global clients before the International Trade Commission against highly sophisticated adversaries, such as Apple, Samsung, and Lenovo.

Warren represents some of the largest standard essential patent holders in the world, including Nokia and Ericsson, and specializes in developing strategies to force unwilling licensees to agree to patent licenses on Fair Reasonable and Non-Discriminatory (“FRAND”) terms. These strategies often include maximizing pressure on unwilling licensees via litigation in multiple jurisdictions and, when appropriate, through injunctions. For example, Warren represented Nokia in its worldwide dispute with Lenovo. Nokia asserted ten H.264 video-coding patents in US District Court and five patents in the International Trade Commission. The dispute settled favorably weeks before the ITC hearing.

Warren also defends his standard essential patent holder clients against claims that their licensing practices are abusive and/or that their offered royalty rates are not FRAND. For example, Warren successfully represented Ericsson in the first breach of FRAND jury trial for cellular patents. This case was a landmark victory for standard essential patent holders because the jury endorsed Ericsson royalty rate of $2.50 for each 4G cellular phone and rejected HTC’s arguments intended to devalue all standard essential patents. The Fifth Circuit Court of Appeals upheld the jury verdict.

Warren graduated Magna Cum Laude from the Northwestern University School of Law. Warren also has undergraduate and graduate degrees in civil and structural engineering, and before becoming a lawyer, practiced in Texas as a licensed Professional Engineer.


McKool Smith, Principal
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