Hon. Jeff Kaplan (Ret.)

T: 214-744-5267
F: 214-720-6010

Locations

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Intellectual Property

During his 18 years as a federal magistrate judge for the Northern District of Texas, Hon. Jeff Kaplan (Ret.) earned high praise from the bench and bar for his ability to manage complicated intellectual property cases involving patents, trademarks, copyrights, and trade secrets.

In addition to presiding over jury and non-jury trials and handling claim construction in Markman hearings, summary judgment motions and discovery disputes, Judge Kaplan was a member of the committee responsible for implementing the Pilot Project for Patent Cases in the Northern District of Texas. He is a frequent speaker at legal seminars on issues related to patent litigation.

Judge Kaplan has experience handling intellectual property disputes in several areas of technology, including biotechnology, pharmaceuticals, medical devices, product manufacturing, and telecommunications.

Representative Matters

  • Claim construction and summary judgment recommendation in precedent-setting case that clarified standard for proving joint infringement
  • Claim construction in patent case between electronic safe companies
  • Discovery dispute in patent case involving credit card technology used in hotels
  • Discovery dispute in patent case involving e-discovery vendor fees
  • Patent infringement action brought against more than 40 defendants involving base design for blow-moulded plastic containers
  • Patent infringement claim brought against pharmaceutical company involving multifocal intraocular lens device
  • Pretrial management of case involving law firm's unauthorized use of website to investigate alleged patent infringement
  • Pretrial management of patent infringement action brought against telecommunications providers involving fiber optic information transmission system
  • Trademark infringement action between owners of competing adult entertainment clubs
  • Trademark infringement and trade secret matter involving pet supply company
  • Trademark infringement dispute between two large hospitals over use of the name for a pediatric facility
  • Trial of patent and trademark infringement matter involving glyconutritional dietary supplements
  • Trial of patent infringement action brought by national research university involving polymer-free liquid crystal display (LCD) technology

Honors, Memberships, and Professional Activities

  • Board Certified in Civil Trial Law (1987-present) and Civil Appellate Law (1993-present) by Texas Board of Legal Specialization
  • Judge of the Year, Dallas Chapter of American Board of Trial Advocates, 2007
  • Consistently received 90% approval rating in Dallas Bar Association Judicial Evaluation Poll
  • Board of Editors, Federal Courts Law Review, 2001-2007
  • Emeritus Member, William "Mac" Taylor Inn of Court (President, 2002-2004)
  • Master, Barbara M.G. Lynn Inn of Court (Intellectual Property)
  • Dallas Bar Association (Board of Directors, 2004)
  • Life Fellow, Texas Bar Foundation
  • Federal Magistrate Judges Association
  • Federal Bar Association
  • State Bar of Texas, District 6A Grievance Committee, 1993-1994
  • District 6A Nominating Committee, Texas Bar Foundation

Background and Education

  • U.S. Magistrate Judge, Northern District of Texas, 1994-2012
  • Justice, Fifth District Court of Appeals, Dallas, Texas, 1991-1992
  • Attorney, Private Practice, 1982-1991 and 1993-1994
  • Briefing Attorney, Fifth District Court of Appeals, Dallas, Texas, 1981-1982
  • J.D., Southern Methodist University, 1981
  • B.A., cum laude, Vanderbilt University, 1978

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