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Biography

Lucas T. Elliot represents U.S. and foreign clients as plaintiffs and defendants with their intellectual property (IP), commercial and complex tort disputes in federal and state courts, and in arbitrations throughout the United States. His clients include organizations and individuals in industries that span oil & gas, energy, entertainment, telecommunications, computer hardware and software, e-commerce, technology development and consulting, real estate and insurance. Lucas also conducts litigation and IP training seminars in the United States and Asia.

Earlier in his career, Lucas focused his practice on complex tort litigation, representing commercial property owners in premises liability litigation involving criminal acts of third parties, defending law firms and attorneys in professional malpractice litigation, and handling bad faith insurance litigation. He has also litigated matters involving bankruptcy and real estate claims.

Experience

Loss of Well Control Litigation

Defended a multinational oil & gas services company in cases arising out of the 2010 Deepwater Horizon blowout and subsequent oil spill. The company was dismissed at the close of plaintiffs’ case during the New Orleans federal court’s Phase One trial.

Defended a multinational offshore drilling verification company in Houston federal court action alleging property damages exceeding $65 million relating to a blowout on a drilling rig in the Gulf of Mexico.

Commercial Litigation

Defended world’s leading educational learning company in Houston federal court action alleging inadequate earn-out payments pursuant to an Agreement and Plan of Merger between the parties.

Defended an international airline carrier in Georgia federal court class action alleging RICO violations relating to the collection of a Mexican tourism tax by the airline from passengers traveling on flights between the United States and Mexico. The Court granted defendants’ motion to dismiss with prejudice, which was affirmed by the U.S. Court of Appeals for the Eleventh Circuit.

Complex Tort Litigation

Defended a multinational corporation in state court action against wrongful death and survival claims alleging vicarious liability, joint enterprise liability, negligence and gross negligence relating to a multi-fatality truck accident. The Court granted summary judgment for corporation shortly before trial.

Defended an oil & gas services company in state court action against wrongful death claims alleging negligence and gross negligence relating to a multi-fatality truck accident involving allegations of distracted driving.

Defended a multinational oil & gas company in state court maritime action alleging permanent disabilities and post-traumatic stress disorder from injuries Plaintiff sustained while attempting to board a vessel in Norway in icy conditions.

Patent Litigation

Defended a multinational oil & gas services company in Houston federal court action alleging infringement of multiple patents related to top drive technology for drilling oil and gas wells. The case settled during trial on very favorable terms.

Defended a financial trading company in New York federal court action alleging infringement of five patents relating to financial data compression technology. Following a successful Markman hearing, the Court granted defendants’ motion for summary judgment of non-infringement, which was affirmed by the Federal Circuit.

Defended a financial data company in Delaware federal court action alleging infringement of patents relating to real time transmission of financial data to mobile devices. Following a successful Markman hearing, the Court granted defendants’ motion for summary judgment of non-infringement, which was affirmed by the Federal Circuit.

Represented a leading provider of digital wireless telephony technology and product platforms in Dallas federal court action alleging infringement of standard essential patents involving wireless telecommunications against a major manufacturer of terminal units and infrastructure products. After 10 years of litigation, the company received a worldwide, royalty-bearing license agreement.

Defended the leading manufacturer of hand-carried diagnostic ultrasound medical devices in Houston federal court action alleging infringement of patent relating to ultrasound technology. The Court granted summary judgment of invalidity shortly before trial, which was affirmed by the Federal Circuit.

Defended Taiwan’s largest PC manufacturer in Eastern District of Texas federal court action alleging infringement of patents relating to JPEG image compression technology. Following a successful Markman ruling, the case settled for a nominal payment.

Defended a Chinese manufacturer in Chicago federal court action alleging infringement of patents relating to plumbing products. The case settled on favorable terms following mediation.

Negotiated a favorable settlement shortly before trial for a large Korean PC manufacturer in Houston federal court action alleging infringement of 11 computer hardware and software patents held by a multinational compute

Copyright Litigation

Defended two renowned Hollywood film production companies in Houston federal court action against copyright claims involving The Sixth Day, starring Arnold Schwarzenegger. The case settled on very favorable terms shortly before trial while defendants’ motion for summary judgment was pending.

Software Litigation

Defended a leading publishing company in a pre-suit claim brought by a software vendor alleging that company had used the software product in violation of the terms and conditions of the applicable license agreements.

Defended an integrated worldwide aviation product and support company that custom designs maintenance, repair, and overhaul software for use with on-ground aircraft maintenance programs in a state court action brought by two regional commercial airlines alleging breach of contract and fraud in connection with the delivery and performance of the software.

Defended an Internet website design and software implementation company in an arbitration action before the American Arbitration Association brought by a leading Internet-based provider of at-home groceries alleging negligence, breach of contract, misrepresentation, and fraud in connection with the design, development, and implementation of the hardware and software necessary to create a new Internet website.

Defended a leading systems integration and business consulting firm in a state court action brought by a diversified facilities service company alleging negligence, misrepresentation, and fraud in connection with the installation and implementation of an Oracle payroll software package and technical support services.

Defended the nation’s leading provider of back office systems for the securities brokerage industry in a pre-suit dispute with a broker/dealer involving the installation and maintenance of the client’s software package and related modules.

Other Info About Lucas

Education

Law School

Tulane University Law School, J.D., 1989, cum laude

Undergraduate School 

Rice University, B.A., 1986

Clerkships

Lucas served as a clerk for the court and judge below:

United States District Court for the Southern District of Texas, Sim T. Lake III, 1989-1990

Bar Membership

Lucas is licensed to practice in the following states:

Texas, 1989

Tennessee, 2019

Courts

Lucas is admitted to practice before the following courts:

United States Court of Appeals for the Federal Circuit

United States Court of Appeals for the Fifth Circuit

United States District Court for the Middle District of Tennessee

United States District Court for the Northern District of Texas

United States District Court for the Southern District of Texas

United States District Court for the Eastern District of Texas

United States District Court for the Western District of Texas

Recognition

Local & National Recognition

Texas Super Lawyers, 2010-2013

Best Lawyers in America, 2013-2019

AV Preeminent, Martindale-Hubbell

Professional Affiliations

Professional Affiliations & Memberships

American Bar Association

Federal Bar Association

Houston Bar Association

Civic Activities

Civic & Charitable Organizations

Economic Club of Nashville, Member

Texas Bar Foundation, Sustaining Life Fellow

Houston Bar Foundation, Continuing Life Fellow