Keith A. Rutherford

Biography

CHAIR, INTELLECTUAL PROPERTY & TECHNOLOGY PRACTICE GROUP

Keith Rutherford has delivered success in:

  • adversarial matters
  • litigation as lead counsel
  • IPRs as lead counsel
  • pre-litigation conflict resolution
  • licensing/deal negotiations
  • leading IP due diligence

Keith further helps clients manage IP assets through:

  • setting an IP strategy
  • managing their patent portfolio
  • monetizing existing IP assets

Keith brings in-house legal experience along with his years of outside counsel experience to bear on solving clients’ problems. Clients’ trust in his years of outside counsel experience is reflected in the fact that he has handled cases where the alleged sales base at risk exceeded a billion dollars. However, his understanding of client needs from his in-house experience has led in other cases to exploring cost-effective alternatives to, and early resolution of, litigation.

Keith’s focus on client success through the years has led to many long term relationships with many repeat engagements. Keith’s focus allows him to deliver low total cost of resolution in most litigation matters

Outside the Firm

Keith has run an annual golf tournament of law school classmates since 1990. Keith also enjoys telling stories of the adventures of two donkeys he has the pleasure of owning.

Experience

  • Lead trial counsel defending Corel against Microsoft’s assertion of nine patents (four design).
  • Virtual in-house IP counsel for Polycom since 2003.
  • Lead counsel for ZTE in SEP patent litigation.
  • Lead counsel in six IPR hearings.
  • Won at jury trial in the Eastern District of Texas in Patent Harbor v. Funai.
  • Managed IP specific diligence in association with lead firms for clients, such as Polycom, McAfee, and Advent International.
  • Panel counsel for RPX for their insured customers.

News & Views

See all News and Views

Recognitions

  • 2018, Trademark Law “Lawyer of the Year” in Houston, by Best Lawyers® (Woodward/White, Inc.)
  • 2008–2018, Litigation – Patent, and Intellectual Property; Patent Law; Copyright Law; and Trademark Law, listed in Best Lawyers in America® (Woodward/White, Inc.)
  • 2017, IAM Patent 1000
  • 2009–2017, “Super Lawyer” in Intellectual Property Litigation, by Texas Super Lawyers (Thomson Reuters)
  • 2016, Copyright Law “Lawyer of the Year” in Houston, by Best Lawyers® (Woodward/White, Inc.)
  • 2013, “Top Rated Lawyer” in IP Law, by ALM
  • AV-Preeminent, by Martindale-Hubbell

Credentials

Admissions

  • Texas
  • U.S. District Court - Eastern District of Texas
  • U.S. District Court - Northern District of California
  • U.S. District Court - Northern District of Indiana
  • U.S. District Court - Northern District of Texas
  • U.S. District Court - Southern District of Texas
  • United States Court of Appeals for the Federal Circuit

Education

  • The University of Texas at Austin, BS, with honors
  • University of Texas School of Law, JD, with honors