Pierre J. Hubert focuses his practice on intellectual property litigation including disputes involving complex technologies. Mr. Hubert is a former two-year-term judicial law clerk for the Court of Appeals for the Federal Circuit, and has a background in electrical engineering (circuits and communication), including bachelor’s and master’s degrees. While Mr. Hubert’s practice is nationwide, Mr. Hubert is a longtime leader in the Western District of Texas intellectual property bar. Mr. Hubert formerly served as President of the Austin IP Law Association and as coach for the UT Austin IP Moot Court team for many years, and currently serves as part of working group of practicing attorneys that provide bar input as to Western District of Texas patent litigation procedures. As example of Mr. Hubert’s practice, in late 2023, Mr. Hubert briefed, argued, and successfully obtained summary judgment of non-infringement across all asserted claims of two patents on behalf of two clients accused of infringement in the Western District of Texas.
Experience
Mr. Hubert has represented both patent holders and accused infringers in many federal district courts across the country, the International Trade Commission (ITC), the Court of Appeals for the Federal Circuit and the Patent Trial and Appeal Board (PTAB). Mr. Hubert's clients have included large and small companies in a wide array of technologies, including electrical- and computer-related hardware and software technologies such as memories (dynamic random access memories, static random access memories, flash memories, and caches), communication systems, wired and wireless networks, displays, information technology service management systems, application-specific integrated circuits, sensors, processors, user interfaces, digital security, biomedical, materials and mechanical technologies. While focusing his practice on litigation, Mr. Hubert also has experience in patent opinion work, portfolio management and due diligence. Prior to joining Duane Morris as a partner in 2018, Mr. Hubert was a partner in another large multinational law firm and a shareholder in a boutique litigation firm for many years.
Representative Matters
Briefed, argued, and obtained summary judgment of non-infringement across all asserted claims of two patents on behalf of clients accused of infringement in the Western District of Texas in 2023.
TruSun Technologies et al. v. Eaton et al., 6:19-cv-00656-ADA (W.D.Tex) (represented TruSun)
Parity Networks, LLC v. Cisco Systems, Inc., 6-19-cv-00207-ADA (W.D.Tex. 2019, Waco Division) (represented Cisco Systems)
Parity Networks, LLC v. Cisco Systems, Inc., 6-19-cv-00209-ADA (W.D.Tex. 2019, Waco Division) (represented Cisco Systems)
American Patents LLC v. Analog Devices, Inc. et al., 6-18-cv-00356-ADA (W.D.Tex. 2018, Waco Division) (represented Analog Devices, Qualcomm, and Marvell)
American Patents LLC v. Mediatek, Inc. et al., 6-18-cv-00339-ADA (W.D.Tex. 2018, Waco Division) (represented Qualcomm and NXP)
Bicameral LLC v. Nxp USA, Inc. et al., 6-18-cv-00294-ADA (W.D.Tex. 2018, Waco Division) (represented NXP)
Energera v. Alaska Fuel Distributors Inc., 7-19-cv-00026-ADA (W.D.Tex. 2018, Waco Division) (representing AFD and GES)
- Meetrix IP, LLC v. Cisco Systems, Inc., 1-18-cv-00309 (W.D.Tex. 2018) (represented Cisco Systems)
BMC Software Inc. v. Cherwell Software, LLC and Firescope, Inc., 2:17-cv-00374 (E.D.Tex. 2017) (represented BMC Software)
- BMC Software Inc. v. ServiceNow, Inc., 2:14-cv-903 (E.D.Tex. 2014). (represented BMC Software)
Freescale Semiconductor Inc. v. Mediatek Inc., et al., Case No. 5:14-cv-02185 (N.D.Cal. 2014) (represented Freescale (now NXP))
- A semiconductor memory company (represented a semiconductor memory company in many litigations in courts across the country, over a period of ten years)
- Certain Modular LED Display Panels and Components Thereof, U.S. ITC Inv. No. 337-TA-1114 (2018) (represented Panasonic and Lighthouse Technologies Ltd.)
- Certain Quartz Slabs and Portions Thereof, U.S. ITC Inv. No. 337-TA-996 (2016) (represented Wilsonart)
- Certain Integrated Circuits and Products Containing the Same, U.S. ITC Inv. No. 337-TA-920 (2014) (represented Freescale (now NXP))
- Certain MLC Flash Memory Devices and Products Containing Same, U.S. ITC Inv. No. 337-TA-683 (2009 (represented British Technology Group)
Parallel representations in court and at PTAB for clients such as Cisco Systems, BMC Software, T-Mobile, and AFD Petroleum
Western District of Texas
Other Districts
International Trade Commission
Patent Trial and Appeal Board Proceedings
Areas of Practice
Intellectual Property Litigation
Intellectual Property Counseling
Technology
Professional Activities
State Bar of Texas, Intellectual Property Section
- Council Member, 2011-2013Austin Intellectual Property Law Association
- President, 2010
- Officer, 2006-2010Giles Rich Intellectual Property Moot Court Coach, University of Texas School of Law
- Coached four national championship teams over a period of seven years
Admissions
- Supreme Court of the United States
- U.S. Court of Appeals for the Federal Circuit
- U.S. Patent and Trademark Office (USPTO)
- U.S. District Court for the Western District of Texas
- U.S. District Court for the Eastern District of Texas
- Texas
Education
- New York University School of Law, J.D., 1997
- University of Texas at Austin, M.S., Engineering, 1993
- Rice University, B.S., Electrical Engineering, cum laude, 1992
Experience
Duane Morris LLP
- Partner (Pierre J. Hubert, P.C.), 2018-presentMcKool Smith PC
- Shareholder-level Principal, 2006-2018Dewey Ballantine LLP
- Partner, 2006
- Counsel, 2002-2005Brobeck Phleger Harrison
- Associate, 1999-2002U.S. Court of Appeals for the Federal Circuit
- Judicial Clerk to the Hon. Pauline Newman, 1997-1999
Honors and Awards
Listed in The Best Lawyers in America, 2015-2019 and 2021-2024
Listed in Texas Super Lawyers
Selected Speaking Engagements
- Rice University Center for Engineering Leadership, Speaker, RCEL430/530 (April 2020, September 2020, February 2021, November 2021), Speaker, RCEL436/536 (January 2022)
History of ITC and Practice at ITC, presented at a client in-house CLE with former ITC Commissioner F. Scott Kieff, April 2019
Panelist, "Blockchain: Applications and Emerging IP and Non-IP Legal Issues," Austin Intellectual Property Law Association CLE event, March 2019
Community Involvement
- Lives in Rollingwood, Texas, with his family
- Active as an adult leader in Scouts, and father to two Eagle Scouts
- Has served as an industry mentor for high school robotics