Michael J. Newton - Alston & Bird LLP

Michael J. Newton

Listed in Best Lawyers since 2016
Phone: 214-922-3423

Mr. Newton is a partner in the Intellectual Property Litigation Group whose practice maintains a particular emphasis on complex patent infringement litigation and counseling. 

Many of the matters for which Mr. Newton has been responsible involve multiple parties and multiple jurisdictions, often within multiple countries. For example, he has represented clients in federal courts in California, Colorado, Delaware, Illinois, New York, North Carolina, Oregon, Texas, Virginia and Wisconsin and has handled numerous investigations before the U.S. International Trade Commission. Mr. Newton has also helped to coordinate litigation in Japan and Europe with U.S. litigation. He has extensive experience with cases in the United States District Court for the Eastern District of Texas. 

Additionally, Mr. Newton has participated in patent license negotiations and has advised and counseled clients seeking to acquire, sell and otherwise monetize intellectual property assets.

Additional Information

Other Court Admissions
  • Supreme Courts of California and Texas
  • United States Court of Appeals for the Federal Circuit
  • United States District Courts for the Northern, Central and Southern Districts of California
  • United States District Courts for the Eastern, Western, Northern and Southern Districts of Texas 
  • United States District Court for the District of Colorado

Dell Inc.
  • Saxon Innovations, LLC v. Apple, Inc. et al, Case No. 6:08CV00265-JDL (E.D. Tex. 2008). Representing Dell in a patent infringement action involving seven patents relating to disparate functionality allegedly used in laptop computers.
  • Fenner Investments, Ltd. v. Hewlett-Packard Company et al, Case No. 6:08CV00273-LED-JDL (E.D. Tex. 2008). Representing Dell in a patent infringement action relating to internet routing and filtering.
  • WIAV Networks, LLC v. 3Com Corporation et al., Case No. 5:09CV00101-DF (E.D. Tex. 2009). Representing Dell in a patent infringement action dealing with patents alleged to relate to the 802.11 wireless standards.
  • SPH America LLC v. Acer, Inc., et al., Case No. 1:09CV740-LMB-JFA (E.D. Va. 2009--transferred to S.D. Cal). Representing Dell in a patent infringement action relating to CDMA technology.
Part 2
  • Lochner Technologies, LLC v. Dell Inc., et al, Case No. 2:09CV177-TJW (E.D. Tex. 2009). Representing Dell in a patent infringement action relating virtual computing systems.
  • Big Baboon, Inc. v. Dell Inc. et al., Case No. 2:2009CV01198-SVW-SS (C.D. Cal. 2009). Representing Dell in a patent infringement action relating to computerized business-to-business commerce.
  • IP Innovation v. Dell Computer Corp., et al., Case No. 03CV3245 (E.D. Tex 2002, N.D. Ill. 2003). Represented Dell in a patent infringement action involving image enhancement technology allegedly used by laser printers and LCD television.
  • Intergraph Corp. v. Dell Computer Corp., Case No. 2:02CV 312 (E.D. Tex. 2002). Represented Dell in a three-patent infringement suit on patents relating to computer systems and cache memory coherency.
DIRECTV, Inc., Hughes Electronics Corp., Hitachi, Ltd., Hughes Network Systems, and/or United States Satellite Broadcasting Co. (USSB)
  • Superguide Corporation v. DIRECTV Enterprises, Inc., et al., Case No. 1:00CV144-T (W.D.N.C. 2000). Represented DIRECTV and Hughes Networks Systems in a patent infringement action involving satellite television program guides.
  • IPPV Enterprises v. Thomson Consumer Electronics, Inc., et al., Case No. 97-288-JJF (D. Del. 1997). Represented DIRECTV and other defendants in a defense of five patent infringement claims involving conditional access technology.
  • In the Matter of Certain Digital Satellite System (DSS) Receivers and Components Thereof, Investigation No. 337-TA-392 (USITC 1996). Represented respondents DIRECTV and certain set top receiver manufacturers in an action before the U.S. International Trade Commission for patent infringement involving integrated receivers/decoders for satellite television broadcasts. ITC ruled in DIRECTV's favor. Complainant dropped complaint.
  • IntraVideo, Inc. v. Hughes Electronics Corporation, et al (S.D.N.Y.1999). Represented Hughes Electronics Corporation in a jury trial for patent infringement. Jury’s verdict was in HEC's favor. No appeal taken.
  • Broadcast Innovation, LLC. V. EchoStar Comm. Corp., et al., Case No. 1:01CV02201 RPM-BNB (D. Col. 2001). Represented DIRECTV in a case involving digital transmission standards.
  • Finisar Corp. v. The DIRECTV Group, Inc., et al., Case No. 1:05CV264 (E.D. Tex. 2006). Represented DIRECTV in a patent infringement action relating to database technology.
Freescale Semiconductor, Inc., Motorola, Inc.
  • STMicroelectronics v. Motorola and Freescale Semiconductor, Case No. 4:03CV276 (E.D. Tex 2003). Represented Motorola and Freescale Semiconductor in the enforcement and defense of semiconductor patents. See 307 F. Supp 2d 845 (E.D. Tex. 2004); 308 F. Supp 2d 687 (E.D. Tex 2004); 327 F Supp. 2d 687 (E.D. Tex 2004).
  • Motorola, Inc. and Freescale Semiconductors, Inc. v. STMicroelectronics, N.V. et al., Case No. 1:03CV0407 (E.D. Tex. 2003). Represented Motorola/Freescale as the plaintiff and counterclaim-defendant in an action for the infringement of multiple patents relating to semiconductor technology.
  • Motorola and Freescale Semiconductor v. Analog Devices, Inc., Case No. 1:03CV131 (E.D. Tex. 2003). Represented Motorola and Freescale in a lawsuit involving 11 semiconductor product, packaging and process patents.
  • Information Technology Innovation, LLC v. Motorola, Inc. and Freescale Semiconductor, Inc., Case No. 04-C-7121 (N.D. Ill. 2004). Represented Motorola and Freescale against allegations of infringing a patent generally related to simulating or modeling the operation of semiconductor fabrication plants.
Part 2
  • KY Data Systems, LLC v. Motorola, Inc., Case No. 04-1383 (N.D. Tex. 2004). Represented Motorola in a patent infringement dispute relating to set-top box technology.
  • Plasma Physics Corp., et al. v. Motorola, Case No. CV-02-3474 (E.D. N.Y. 2002). Represented Motorola against allegations of infringement of patents relating to semiconductor manufacturing processes.
  • ProMOS Technologies v. Freescale Semiconductor, Inc., Case No. 06-788 (D. Del. 2006). Represented Freescale against allegations of infringing patents relating to the use and structure of cache memories in semiconductors and to methods for forming titanium nitride layers in semiconductor products.
  • Freescale Semiconductor, Inc. v. ProMOS Technologies, Case No. 4:06CV491 (E.D. Tex. 2006). Represented Freescale Semiconductor in a patent infringement case related to semiconductor processes and circuits.
Micron Technology, Inc.
  • Tessera, Inc. v. Micron Technology, Inc., et al., Case No. 2:05CV94 (E.D. Tex. 2005) and Micron Technology, Inc. v. Tessera, Inc., Case No. 2:05CV319 (E.D. Tex. 2005). Represented Micron in patent and antitrust litigation relating to packaging technology for DRAMs.
Nokia Corporation, Nokia Inc.
  • The PACID Group, LLC v. 2Wire, Inc. et al., Case No. 6:08CV00498-LED-JDL (E.D. Tex. 2009). Represented Nokia in a patent infringement action relating to encryption system and method.
  • Wireless v. Nintendo Co., Ltd. et al., Case No. 6:09CV00064-JDL (E. D. Tex. 2009). Represented Nokia in a patent infringement action relating to video game technology.
  • WIAV Networks, LLC v. 3Com Corporation et al., Case No. 5:09CV00101-DF (E.D. Tex. 2009). Representing Nokia in a patent infringement action dealing with patents alleged to relate to the 802.11 wireless standards.
  • Typhoon Touch Technologies, Inc. et al v. Motion Computing, Inc. et al., Case No. 6:07CV00546-LED (E.D. Tex. 2008). Represented Nokia in a patent infringement action relating to touch screen devices.
Part 2
  • SPH America LLC v. Acer, Inc., et al., Case No. 1:09-CV-740-LMB-JFA (E.D. Va. 2009 --transferred to S.D. Cal). Representing Nokia in a patent infringement action relating to CDMA technology.
  • Golden Bridge Tech., Inc. v. Nokia, Inc. and Lucent Techs., Inc., Case No. 2: 05CV151-LED (E.D. Tex. 2005). Represented Nokia in a patent infringement action relating to spread-spectrum CDMA wireless telephony. Summary judgment was granted in Nokia's favor.
  • Motionless Keyboard Co. v. Nokia Inc., Case No. 04-CV-180-AA (D. Or. 2004); Motionless Keyboard Co. v. Nokia Inc., 05-1497 (Fed. Cir. 2005). Represented Nokia in a patent infringement case relating to the ergonomic design of Nokia cellular handset keyboards. Summary judgment was granted in Nokia's favor and affirmed on appeal.
  • DigCom v. Nokia, Case No. 3:00CV1684 (N.D. Tex. 2003). Represented Nokia against a patent infringement action relating to modulation technology and signal processing.
Texas Instruments, Inc.
  • DigCom v. Broadcom Corp Int'l, et al., Case No. 3:04CV00093-B-RBB (S.D. Cal. 2004). Represented Texas Instruments in a case relating to modulation technology and signal processing.
  • In the Matter of Certain Digital Processors and Digital Processing Systems, Components Thereof, and Products Containing Same (USITC 2005). Represented Texas Instruments in a patent infringement action before the International Trade Commission relating to digital signal processors. Settled after ITC granted summary judgment of non-infringement for TI as to one of two accused product families. 
  • Texas Instruments, Inc. v. Samsung Electronics Co., et al., Case Nos. 2:96-CV-1 and 2:96-CV-2 (E.D. Tex. 1996). Represented Texas Instruments in an ITC investigation and patent infringement cases against various Samsung products made by processes that infringed TI semiconductor patents, resulting in Samsung's agreement to pay TI $1.1 billion in royalties over 10-year period.
Part 2
  • Texas Instruments v. Linear Tech. Corp.; various Civil Action Nos. (E.D. Tex. 2001) Represented Texas Instruments in enforcing various semiconductor product and process patents in four patent infringement cases against Linear Technology.
  • Tessera v. Texas Instruments, Inc., No. C 00:02114 CW (N.D. Cal. 2000); In the Matter of Certain Semiconductor Chips with Minimized Chip Package Size, Inv. 337-TA-432 (USITC 2000); and Texas Instruments v. Tessera, Case No. 2:01CV163 (TJW) (E.D. Tex. 2001). Represented Texas Instruments in the defense of patents directed to certain packages for semiconductor devices. (See 231 F.3d 1325, 56 USPQ2d 1001 (Fed. Cir. 2000)).
Part 3
  • Hyundai Electronics Industries Co., et al. v. Texas Instruments, Various 1998 Civil Action Nos. (E.D. Tex. and E.D. Va. 1998). Represented Texas Instruments successfully enforcing various semiconductor patents and defended against others in a multiple-forum dispute, resulting in Hyundai's agreement to pay Texas Instruments, after jury trial ($25.2 million verdict), $1.2 billion in royalties over a 10-year period. (See 49 F. Supp. 2d 893 (E.D. Tex. 1999)).
  • Texas Instruments Inc. v. Analog Devices, Inc., et al., Civil Action No. 3-90-1590-H (N.D. Tex. 1995) Represented Texas Instruments in a semiconductor patent infringement action against five defendants. (See 39 USPQ 2d 198 (N.D. Tex 1995), 90 F. 3d 1553 (Fed. Cir. 1996)).
The University of TexasBS The University of TexasMA The University of TexasJ.D.

Office Location

2828 North Harwood Street, 18th Floor
Dallas, TX 75201-2139
United States


Practice Areas

Litigation - Patent