• Experience

    Trial attorney Marla Butler has spent the last fifteen years litigating and leading high-stakes intellectual property and patent litigation trials, Markman hearings, mediations and arbitrations.  Her representations, which have included critical early case evaluations and assessments, have helped technology clients in the medical, semiconductor, LCD, networking and other electronics technologies industries monetize their patent assets and/or defend against lawsuits that threaten their businesses.

    As a partner and firm leader, Ms. Butler has an enhanced understanding of the nuanced business issues her clients face.  Ms. Butler's leadership roles include serving on the firm's Executive Board and chairing the firm's Diversity Committee.

  • Recognition*

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    Ms. Butler is a Fellow of the Litigation Counsel of America, a highly selective Trial Lawyer Honor Society. Fellows are selected based upon effectiveness and accomplishment in litigation, both at the trial and appellate levels, and superior ethical reputation. She was also designated a "Women Worth Watching" in the 10th Annual Profiles in Diversity Journal (2012).

     
    *Being named to the list or receiving the award is not intended and should not be viewed as comparative to other lawyers or to create an expectation about results that might be achieved in a future matter.

  • Selected Case Results**

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    Represented Convolve, Inc. in a patent infringement action against computer and hard disk drive manufacturers Dell, Western Digital and Hitachi.  Serving as lead trial counsel on the issues of infringement and validity, Ms. Butler persuaded the federal jury in Marshall, Texas that the defendants had willfully infringed the hard disk drive technology patent held by Ms. Butler's client, and that her client's patent was valid.  The case was filed in 2008 and the verdict was announced on July 26, 2011. Convolve, Inc. v. Dell, Inc., Hitachi Global Storage Tech., Inc., Hitachi Ltd., and Western Digital Corp., No. 2:08-CV-244-CE (E.D. Tex.).

    Represented Alcatel Lucent USA in a patent infringement action against Amazon. Ms. Butler led the defense of infringement counterclaims raised by Amazon and she prevailed on key issues related to those counterclaims at the Markman hearing.  The case was favorably settled shortly before trial.

    Represented a large medical device manufacturer in a patent infringement action against a major competitor.  Serving as one of three primary trial counsel, Ms. Butler  examined witnesses on damages issues at trial.  The case was settled on the eve of closing arguments.

    Represented Intergraph Hardware Technologies Company in a patent infringement action against major computer manufacturers.  Ms. Butler gathered the evidence of infringement and deposed the Intel engineers who designed and developed the Pentium family microprocessors.  Intergraph recovered a total of $500 million in settlements and licensing as a direct result of the firm's representation.

    Currently representing an open network communications inventor and patent holder in 5 separate actions against mobile phone manufacturers and a cellular carrier.  Ms. Butler argued the Markman hearing before a Special Master and prevailed on all key issues.

    **Past results are reported to provide the reader with an indication of the type of litigation in which we practice and does not and should not be construed to create an expectation of result in any other case as all cases are dependent upon their own unique fact situation and applicable law.

  • Community Service

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    Ms. Butler is currently a member of the Board of Directors of Lambda Legal and has previously served as a member of Lambda's National Leadership Council. In 2007 she received the "One Child, One Lawyer Volunteer of the Year" award from the Atlanta Volunteer Lawyers Foundation. She is also a volunteer and previous member of the Board of Directors of Georgia's YouthPride, an organization serving at-risk LGBT youth.

  • Publications and Speeches

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    Publications


    Speeches

    • The Markman Process and Hearing
      Practising Law Institute, New York, New York (April 22, 2013)
    • Making IP Work for You - Strategies for Monetizing Your IP in Difficult Situations
      National Minority Angel Network, New York, New York (December 13, 2012)
    • The Markman Process and Hearing
      Practising Law Institute, New York, New York (April 23, 2012)
    • AIA’s Non-Joinder – in Tension with MDL – What Will Litigants & Courts Do? (Panelist)
      Association of Corporate Patent Counsel, San Diego, California (January 16-18, 2012)
    • Balancing the Economics of Discovery: Insuring Access to Documents that Matter While Keeping Justice Affordable (Panelist)
      Eastern District of Texas Bar Association and Federal Circuit Bar Association, Irving, Texas (September 25-27, 2011)
    • Reports from the Breakouts - Interactive Discussions (Panelist)
      Eastern District of Texas Bar Association and Federal Circuit Bar Association, Irving, Texas (September 25-27, 2011)
    • Women Helping Women: Leveraging the Value of Women's Affinity Groups Beyond Networking and Mentoring
      Panelist, Women Legal, New York, New York (June 8, 2011)
    • ESI From Pre-Suit to Trial
      Practising Law Institute Patent Litigation 2010, Atlanta, Georgia (November 8-9, 2010)
    • The Sea-Change - The Billable Hour, Alternative Fee Agreements and Diversity
      National LGBT Bar Association, Miami, Florida (August 26-28, 2010)
    • Patent Infringement Litigation
      Patent Resources Group, Omni Orlando, Orlando, Florida (April 23-25, 2009)
    • Being Wicked
      ABA Commission on Racial and Ethnic Diversity in the Profession, New York, New York (August 9, 2008)
    • Diversity and GLTB Attorneys: Overcoming Workplace Challenges
      Minority Corporate Counsel Association, New York, New York (November 8, 2007)
    • Leveraging to Your Professional Advantage Through Diversity
      Lavender Law, Chicago, Illinois (September 7, 2007)
    • Patent Infringement Litigation
      Patent Resources Group, Hyatt Regency Grand Cypress, Orlando, FL (April 16-18, 2007)
    • Managing Patent Prosecution and Litigation Seminar (Co-Chair)
      Law Seminars International, Atlanta, Georgia (December 13, 2006)
    • Contributor or Troll? Should the value of an invention evaporate because it's no longer in the inventor's hands? What constitutes a troll? The different varieties, roles and value in our society. (Moderator)
      Law Seminars International, Atlanta, Georgia (December 13, 2006)
    • Alternative Fee Arrangements for Complex Litigation
      MCCA Conference, Chicago, IL (March 16, 2006)

  • In the News

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  • Video and Audio Clips

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