Matthew P. Whitley

Representative Experience

Intellectual Property Cases

Whitley has served as lead counsel in multiple cases involving claims of patent infringement, misuse of trade secrets or other confidential information, or violation of IP licensing agreements. While the details of many cases remain confidential, some examples of his prior experience include:

• Won a $49.2 million judgment following a four-week jury trial in an intellectual property dispute (SandBox Logistics vs. Arrows Up) As lead trial counsel for SandBox, Whitley coordinated the legal strategy that resulted in a unanimous jury finding that Arrows Up and its CEO breached their contractual obligations and committed fraud by using information provided by SandBox under a non-disclosure agreement to design and market copycat products. In addition to monetary damages, the judgment awards SandBox title to and possession of the frac sand shipping containers that Arrows derived from SandBox’s design. The case later settled for a confidential amount on appeal. A copy of the judgement can be found here.
• Won entry of a permanent injunction following a jury trial in a patent infringement case (U.S. Silica v. Amberger Kaolinwerke) As lead trial counsel, Whitley led a team of lawyers from Beck Redden and the Webb Firm who obtained a permanent injunction from the Eastern District of Texas that bars the sale of an infringing product until the expiration of our client’s patents for a cool roofing system. The injunction followed a trial in which the jury found that AKW had willfully infringed three of U.S. Silica’s patents and rejected AKW’s multi-million-dollar counterclaim for tortious interference with prospective business relations.
• Secured summary judgment dismissing a $65 million patent infringement lawsuit brought against an oilfield services provider (Arrows Up v. SandBox Logistics) Whitley served as lead counsel for a team of lawyers from Beck Redden and Kirkland & Ellis who obtained a summary judgment finding our client had not infringed multiple patents.
• Obtained a favorable settlement for a chemicals company sued for $300 million for alleged misappropriation of trade secrets (Chevron Phillips Chemical Company v. INEOS Group).  As the Firm’s managing attorney for this global dispute, Whitley coordinated fact investigations across the United States, the United Kingdom, France, Belgium, Italy and China.  After deposing the key scientists, Whitley and Joe Redden presented our client’s case in an 8-day temporary injunction hearing.  The case settled on favorable terms after the hearing.
• Obtained a favorable result for a national tubular goods manufacturer sued for $53 million for allegedly breaching an intellectual property agreement (Torquelock v. U.S. Steel Tubular Products).  For this case related to deepwater drilling technology, Whitley developed a defense focused on simplifying complex engineering issues.  The lawsuit culminated in a three-week bench trial, during which Whitley successfully excluded two of the plaintiff’s three expert witnesses.  The case settled on favorable terms to our client before the trial court entered a verdict.
• Recovered damages for employees accused of stealing trade secrets from their former employer (Rx.com v. Hruska).  Based on admissions he secured in the deposition of the plaintiff’s CEO, Whitley obtained a summary judgment in federal district court that vindicated our clients of charges they had stolen trade secrets from their former employer.  The court also ordered the plaintiff to pay our clients’ costs and attorney’s fees.  Please see the opinion here.
• Obtained a favorable settlement for an international chemicals company involved in a dispute over the meaning of a license agreement. Along with David Beck, Whitley represented our client in a confidential arbitration that focused on the interpretation of a 50-year-old license agreement between two global chemicals companies. The parties were able to resolve their differences following an advisory opinion from the arbitrator.
• Won a jury verdict for an automotive parts manufacturer accused of recruiting a competitor’s employees to disclose confidential information. (L-3 Communications Corp. v. Autoliv ASP, Inc.).  Along with Joe Redden and Jeff Golub, Whitley won a full defense verdict for our client following a two-week jury trial.

Commercial Cases

Whitley has successfully handled commercial cases across the country, including cases in California, Nevada and Utah.  Examples of his prior cases include the following:

• Won dismissal of a lawsuit by homeowners seeking to prevent the construction of a high-rise in their neighborhood (Loughhead v. 1717 Bisonnett PropCo). This lawsuit was the latest installment in more than 10 years of contentious litigation regarding the construction of a high-rise building in a residential Houston neighborhood.  On behalf of the property owner, Whitley successfully argued the case before the trial court, which held that the plaintiffs lacked standing to challenge the building of a high-rise in their neighborhood that had been permitted by the City of Houston.  The trial court likewise rejected the plaintiffs’ claim that the building constituted a nuisance.
• Won summary judgment for a Canadian telecommunications company sued for $35 million in damages for allegedly defrauding investors (Smith v. BCE). Whitley successfully argued the case before the trial court, which granted summary judgment, and the Fifth Circuit Court of Appeals, which affirmed the judgment.  Both courts found that the plaintiff’s claims were barred under federal securities laws. Please see the opinion here.
• Secured an injunction protecting a leading software company’s right to occupy its corporate headquarters (Gearbox v. Frisco Square Developers).   After a building owner threatened to terminate a commercial lease, Whitley obtained a temporary injunction that preserved his client’s rights to occupy its new headquarters.  The case settled on confidential terms shortly after the temporary injunction hearing. Read the story here.
• Obtained summary judgment for the president of an oil and gas company sued for $10 million for allegedly defrauding his business partner (Knowles v. Wright). Based in large part on admissions he secured in his deposition of the plaintiff, Whitley won a summary judgment dismissing the plaintiff’s claims.  Whitley also argued the case before the First District Court of Appeals, which affirmed the judgment. Please see the opinion here.
• Won a full defense judgment for a homebuilder accused of making false statements to consumers (Lauret v. Meritage Homes).  Along with David Jones, Whitley won judgment in his client’s favor following a one-week jury trial.  The case settled on confidential terms following a remand for additional fact-finding by the trial court.
• Obtained summary judgment for an attorney accused of negligently investigating complaints about the conduct of a business owner (Amin v. Wood). After an ex-partner sued the partnership’s attorney for the manner in which he investigated allegations regarding the ex-partner’s conduct, Whitley obtained a summary judgment in the attorney’s favor in state district court in Houston. Whitley also argued the case before the Fourteenth Court of Appeals, which affirmed the judgment. Please see the opinion here.
• Retained less than a month before trial to represent an automobile manufacturer in a multi-million-dollar contract dispute (BSAG v. Nissan).  Along with Joe Redden, Whitley quickly learned the facts of a complex commercial case involving the sale of a dealership.  Following the first phase of a bifurcated jury trial, the case settled on confidential terms.