Overview

James "Tripp" Fussell is a trial attorney who helps clients protect and maximize the value of their intellectual property by strategizing and trying complex patent cases. For more than 15 years, Tripp has represented as lead counsel some of the world’s leading technology companies, as both plaintiffs and defendants, in matters before US federal district courts throughout the nation (e.g., Texas, Delaware, Virginia, California and Ohio) as well as the US International Trade Commission (ITC), and the US Court of Federal Claims. Tripp also regularly appears on behalf of clients at the Patent Trial and Appeal Board (PTAB) as well as the US Court of Appeals for the Federal Circuit.

An East Texas native and former Eastern District of Texas law clerk, Tripp has successfully represented clients in over a hundred cases in Texas both as plaintiffs and defendants. Many of these cases have involved complex technologies, where Tripp has developed a knack for simplifying matters for a jury. Tripp has extensive experience with a variety of technologies, including: digital media transmission, semiconductors, operating systems, wired and wireless networks, enterprise security systems, network identity management, light emitting diodes (LEDs), liquid crystal displays (LCDs), data storage systems, medical devices and numerous consumer electronics fields. He also has been involved in cases implicating standard setting organizations and is experienced in the nuances of litigating standard essential patents. Tripp has wide-ranging experience in all phases of patent litigation, including prefiling investigation, discovery, claim construction and trial as well as settlement negotiations and licensing agreements.

In addition to his extensive trial experience, Tripp is a highly regarded strategist with a long track record of developing successful approaches for his clients. An engineer and registered patent attorney, Tripp has counseled clients on all aspects of IP portfolio management, including prosecution, acquisition and licensing. He draws on this experience when advising clients on the strategic nexus associated with patent prosecution and litigation, which is increasingly more important in light of the new procedures available for challenging patents at the U.S. Patent and Trademark Office (e.g., post grant review and inter partes review).

Tripp clerked for the Honorable David Folsom of the US District Court for the Eastern District of Texas – which exposed him to all aspects of the judicial system, including numerous patent infringement trials in both the Texarkana and Marshall Divisions of the Eastern District of Texas. Before joining Mayer Brown, Tripp was a partner at a litigation boutique in Washington DC, and he practiced patent litigation at a large IP boutique before that.


Experience

  • Secured a victory before the Eastern District of Texas’s Texarkana Division on behalf of Maxell, Ltd. in a patent infringement case against ZTE USA, Inc. The litigation involved seven patents directed towards smartphone and tablet technology including navigation, power management, audio and camera features. After a 10-day trial, the jury returned a verdict finding that each of the seven patents was infringed by ZTE and awarding Maxell $43.3 million in damages.
  • Representing Pantech Corp. in a series of patent infringement cases as part of the licensing and enforcement efforts concerning a large portfolio of telecommunications patents, included standard essential patents. Defendants include smartphone manufacturers such as BLU Products, Inc., ASUSTEK Computer Inc., Coolpad Group Ltd., WIKO SAS, and OnePlus Technology (Shenzhen) Co., Ltd.
  • Representing Sipco, LLC in a series of patent infringement cases as part of the licensing and enforcement efforts concerning a portfolio of patents concerning a wireless communication technologies relevant to various standard wireless mesh network protocols, such as WirelessHART, ZigBee, IEEE 802.15.4, and Z-Wave. Defendants include CommScope Holding Company, Inc., ARRIS Solutions, Inc. and Ruckus Wireless, Inc.
  • Representing Autel Intelligent Technology Corp., Ltd., located in China, in patent litigation against Orange Electronic Co., Ltd. in a patent infringement lawsuit in the E.D. of Texas involving tire pressure monitor systems.
  • Representing EVE Energy Company, Ltd. in patent litigation in the Eastern District of Texas against VARTA Microbattery GmbH in a case involving alleged infringement of seven VARTA patents

Education

George Washington University Law School, LLM, Intellectual Property

University of Arkansas, JD, with honors

University of Arkansas, BS, with honors, Civil Engineering

Admissions

  • District of Columbia
  • Arkansas

Court

  • US Patent and Trademark Office
  • US Court of Appeals for the Federal Circuit

Activities

  • Eastern District of Texas Bar Association
  • Federal Circuit Bar Association
  • American Intellectual Property Law Association
  • International Trade Commission Trial Lawyers Association
  • Intellectual Property Owners Association
  • Washington Business Journal "40 Under 40" 2011