Leslie V. Payne

Leslie V. Payne

Attorney Profile

Top Rated Intellectual Property Litigation Attorney in Houston, TX

Heim, Payne & Chorush, LLP
 | 1111 Bagby St., Suite 2100
Houston, TX 77002
Phone: 713-221-2000
Fax: 713-221-2021
Selected To Super Lawyers: 2012 - 2019
Selected To Rising Stars: 2004 - 2006
Licensed Since: 1992
Practice Areas:
  • Intellectual Property Litigation (90%),
  • Intellectual Property (10%)
Attorney Profile

Les Payne focuses his practice on the prosecution and defense of actions in Federal and State courts at the trial and appellate levels in the areas of patent infringement, unfair competition, trademark infringement, trade secret misappropriation, breach of contract, tortious interference and other areas. He has extensive experience in these areas, from the filing of a case through discovery, trial, verdict, and appeal.

In addition, Les has represented clients in many reexamination and inter partes review proceedings at the U.S. Patent and Trademark Office. He has represented clients in many different engineering and science disciplines, including the mechanical, electrical, computer and chemical arts.

About Leslie Payne

Admitted: 1992, Texas

Professional Webpage: http://www.hpcllp.com/attorneys/leslie-payne/

Honors/Awards:

  • Texas Super Lawyers, 2012-2019, Thomson Reuters
  • Best Lawyers in America, 2018, 2019
  • Texas Rising Stars, as published in Texas Monthly, 2004-2006, Thomson Reuters
  • Preeminent AV Rated by Martindale-Hubble
  • Best Lawyers in Houston, 2006, 2010-2011, 2013-2019, H Texas Magazine

Bar/Professional Activity:

  • Admissions: U.S. Supreme Court, U.S. Court of Appeals for the Federal Circuit, U.S. Court of Appeals for the Fifth Circuit, U.S. Patent & Trademark Office, U.S. District Court for the Northern District of Texas, U.S. District Court for the Eastern District of Texas, U.S. District Court for the Southern District of Texas, U.S. District Court for the Western District of Texas, State of Texas

Verdicts/Settlements:

  • Commil USA, LLC v. Cisco Systems, Inc. (Supreme Court of the United States): On May 26, 2015, the Supreme Court issued a 6-2 decision in favor of Commil. The trial is described further below under Trials in 2011. In this landmark decision, the Supreme Court held that an accused infringer’s good faith belief in patent invalidity is not a defense to inducing infringement.
  • PACT XPP technologies, AG v. Xilinx, Inc. and Avnet, Inc. (E.D. Tex.): On May 18, 2012, a jury in the Eastern District of Texas, Marshall Division, returned a verdict finding that two patents held by PACT were valid and were infringed by Xilinx and Avnet. The jury further found that Xilinx’s infringement was willful, and it awarded damages to PACT in the amount of $15.39 million. This was the 18th largest verdict in Texas for 2012, according to VerdictSearch. The District Court entered a Final Judgment of $43 million in favor of PACT after awarding prejudgment interest, enhanced damages and attorney’s fees.
  • Dataquill Limited v. ZTE USA, Inc. (E.D. Tex): On June 18, 2015, a jury in Marshall returned a verdict in favor of Dataquill Limited on patent claims asserted against ZTE USA (the fourth largest smartphone manufacturer in the U.S.). (Other cases against Apple and Huawei were resolved before trial.) The Dataquill patents concern smartphone technology, and were asserted against ZTE’s Android smartphones. The jury found that all asserted claims were valid and infringed, and awarded $31.5 million. This was the twelveth largest verdict in Texas for 2015 and the fifty-ninth largest nationally, according to VerdictSearch. The HPC team representing Dataquill included Les Payne, Nate Davis, and Blaine Larson. HPC’s team worked with attorneys from Susman Godfrey, including Parker C. Folse and Joseph S. Grinstein, as well as Johnny Ward of Ward Smith & Hill.
  • Two-Way Media LLC v. AT&T Inc. et al. (W.D. Tex.): On March 20, 2013, a jury in San Antonio returned a verdict in favor of Two-Way Media LLC, a company based in Colorado, on patent claims asserted against several AT&T entities and its related regional carriers. The TWM patents concern audio and video streaming, and were asserted against AT&T’s U-verse television service (which employs Microsoft’s Mediaroom software). The jury found that AT&T infringed the patent claims under the doctrine of equivalents. The jury further found that AT&T had not proven the patent claims invalid, and awarded damages of $27.5 million. This was the seventh largest verdict in Texas for 2013, according to VerdictSearch. The Court entered a Final Judgment in favor of Two-Way Media of $40 million, after adding pre-judgment interest. The HPC team representing Two-Way Media included Mike Heim, Les Payne, and Micah Howe. The HPC team worked with attorneys from Susman Godfrey (including Parker Folse and Max Tribble). 
  • Commil, USA v. Cisco Systems, Inc. (E.D. Tex.): On April 8, 2011, a jury in Marshall, Texas returned a verdict in favor of Commil USA, LLC on all infringement claims asserted against Cisco Systems, Inc. The jury, which deliberated less than two hours, decided Cisco induced infringement on a patent for wireless technology developed by three Israeli engineers and awarded Commil $63.8 million dollars. This was the seventh largest jury verdict in Texas for 2011, according to VerdictSearch. Commil had purchased the infringed patent in 2006 for $400,000.00. A final judgment was entered in favor of Commil for approximately $74 million dollars. Mr. Payne represented Commil at trial and worked with trial counsel from Sayles Werbner (Mark Werbner & Dick Sayles) to achieve this result.
  • Two-Way Media, LLC v. AT&T Inc., et. al. (Federal Circuit Court of Appeals): On March 19, 2015, the Federal Circuit affirmed the $40 million Final Judgment in favor of Two-Way Media against AT&T, which is described further below under Trials in 2013. Mr. Payne argued for Two-Way Media before the Federal Circuit in December 2014.
  • Fractus, S.A. v. Samsung Electronics Co., Ltd. et al. (E.D. Tex.): On May 23, 2011, a jury in Tyler returned a verdict in favor of Fractus, S.A, an antenna company based in Barcelona, Spain, on all trial claims asserted against Samsung. The claims were spread across four related patents in Fractus’ Multilevel Patent family, generally covering multiband antennas used in portable communication devices, such as cell phones. The jury found that Samsung infringed the claims literally and under the doctrine of equivalents, as well as finding Samsung’s infringement willful. After finding that Samsung had not proven the patent claims invalid, the jury entered a verdict in excess of $23M. This was the tenth largest jury verdict in Texas for 2011, according to VerdictSearch. A final judgment was entered in favor of Fractus for approximately $42 million dollars, after damages were enhanced. The HPC team representing Fractus included Michael Heim, Les Payne, and Micah Howe. The HPC team worked seamlessly with attorneys from Susman Godfrey (including Max Tribble, Justin Nelson, and Victoria Cook) and Ward & Smith (Johnny Ward) to produce this result. Prior to trial, the Fractus legal team also assisted in licensing the Fractus patent portfolio to other third parties, resulting in licensing fees approaching $70 million.

Educational Background:

  • University of Tennessee, B.S. in Electrical Engineering, magna cum laude, 1989
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Office Location for Leslie V. Payne

1111 Bagby St.
Suite 2100
Houston, TX 77002

Leslie V. Payne:

Last Updated: 6/24/2019

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