`
`Victor G. Hardy
`
`ornovo PRiCE
`
`ELLWANGER & HARDY LLP
`
`Wtel no: 512.539.2626
`fame 5125392627
`
`Home
`
`,
`
`Firm Overview
`
`7
`
`Practice Areas
`
`.
`
`Professionals
`
`Fee Stmctures
`
`SRepresentative Cases
`
`News
`
`Contact
`
`Suite 350 Austin. Texas 78731
`
`Practice Areas
`I
`t
`|
`in el ectual Property
`- Commercial Litigation
`
`intellectual Property Litigation
`'
`- Technology
`
`_ Alternative Dispute Resolution
`. Electronic Discovery
`. Employment Litigation
`
`coma“ HS:
`
`Austin Office
`
`7000 North MoPac Expressway
`
`P: 512.539.2626
`F: 512.539.2627
`
`Dallas Office
`
`400 South Zang Boulevard
`
`Suite 1202
`Dallas, Texas 75208
`P: 214.948.3334
`
`F: 214.853.9410
`
`ViCtOI‘ G. Hardy
`
`Download vCard
`
`Practice Concentration & Experience
`
`Victor Hardy has extensive experience in high-stakes patent
`infringement litigation and other types of litigation, including
`seven jury trials, two bench trials, and several
`ew‘dentiaryMarkman hearings. He has had extensive involvement
`in neariy every aspect oftrials in many different contexts, ranging
`from the cross-examination of Johnson & Johnson’s World Wide
`
`Chairman of Consumer Products in a patent infringement trial to
`
`the direct examination ofa ballistics expert in a criminal
`homicide trial.
`
`Mr. Hardy is also highly experienced in patent finance and
`investment. patent negotiation and acquisition, patent valuation,
`due diligence, and strategic enforcement of P assets. Mr. Hardy has evaluated thousands of patents
`for purposes of business investment and enforcement for leading IP investment institutions. He uses his
`extensive litigation experience to bring a real worid perspective to financial modeling and valuation of
`patent assets.
`
`Viagra Hardy
`
`Additionally, Mr. Hardy has substantial experience in class action civil rights matters including
`discrimination under Title VII and the ADEA.
`Education
`
`Hanrard Law School (LL.M. 1997)
`University of Texas School of Law (JD 1994)
`University of Houston (B.B.A. 1991)
`
`Licenses & Admissions
`
`Licensed to practice in the state courts of Texas and New York
`
`Re presentative Matte rs
`
`- Mr. Hardy represents plaintiff Software Rights Archive inSoftware Rights Archive v. Google et at, an
`industry-wide patent infringement case involving foundational patents directed towards non-semantic
`search engine algorithms. The case is currently being litigated in the Eastern District of Texas.
`
`- Mr. Hardy represented sixteen plaintiffs in EEOC v. AlliedAv/ation, a class action racial
`discrimination lawsuit. This case resulted in the largest settlement in the history ofthe Dallas office
`of the EEOC.
`It garnered national media attention in the New York Times and the Los Angeles
`Times, as well as being featured on several national news broadcasts including Anderson Cooper’s
`360 on CNN.
`
`- Mr. Hardy was a senior member ofthe trial team for plaintiff Appiera Corp. in App/era and Roche
`Molecular Systems v. MJ Research, a patent infringement, unfair competition, and antitrust suit
`
`involving the enforcement of six patents directed to the Nobel Prize-winning gene amplification
`process called the polymerase chain reaction (PCR) and thermal cycling instruments used to
`
`EXHIBIT 2001
`Facebook, Inc. et al.
`v.
`
`Software Rights Archive, LLC
`CASE 1PR2013-00481
`
`http://WiMN.dpe|aw.com/201 1/10/victor-g -hard)/
`
`1/3
`
`
`
`26/2014
`
`\fictor G. Hardy
`
`automate PCR. PCR has been hailed as one of the 100 greatest inventions of mankind. After a four
`week jury trial in the District of Connecticut, the jury found all six patents infringed, and four of them
`wilfully infringed, and the Court awarded nearty $50 million in damages.
`ln addition, Mr. Hardy
`successfully obtained the dismissal ofthe defendant’s antitrust tying counter-claims and patent
`misuse defenses on the eve of trial.
`
`- Mr. Hardy represented Universal lnstmments in Aguayo v. Universal Instruments, a patent
`infringement case involving assembly machines for printed circuit boards. The case was tried to a
`jury and settled on highly favorable terms.
`
`- Mr. Hardy was a senior member of the trial team for defendant Bayer Corporation in McNeil-PFC,
`Inc. v. Bayer Corporation, a patent infringement lawsuit. McNeil, the makers of Tylenol, sued Bayer
`for its production of Bayer Aspirin gelcaps. After a five week jury trial and the dismissal of one ofthe
`patents in suit and the plaintiffs‘ willful infringement claims, the case was settled on terms favorable
`to the client.
`
`- Mr. Hardy represented defendant Compal Electronics in an industry-wide patent infringement suit
`involving power management in notebook computers, desktop PCs, and monitors. He successfully
`obtained summary judgment of claims being asserted against Compal and its subsidiaries.
`
`in Process Resources v.
`- Mr. Hardy was one of the trial counsel for defendant Delta Air Lines, Inc.
`Delta Air Lines, Inc., a patent infringement suit involving three-layer composite them'ial paper used in
`airline baggage tags. The case was favorably settled days before the trial was to begin.
`
`- Mr. Hardy represented CompUSA in a turnover proceeding brought by the debtor Tomorrow’s Toys.
`The case was favorably settled for an amount that was a small fraction of what the plaintiff was
`seeking.
`
`- Mr. Hardy is lead counsel in pursing Banco lnveriat’s claim for failure to deliver securities in the
`Socimer liquidation proceedings pending in the Bahamas.
`
`- Mr. Hardy represented the creditors of Transmarketing Houston in a preference action against
`Aquilla Gas. After a five day bench trial, the Court set aside as a preference 1.8 million dollar
`transfer at issue.
`
`- Mr. Hardy represented the creditors of Transmarketing Houston in a breach of fiduciary duty action
`against the former owners of TMHl. The case was eventually resolved after a jury trial where the
`creditors committee recovered a 12 million dollarjury verdict.
`
`In addition to his experience in as a civil litigator, Mr. Hardy has been active with New York government
`agencies. In 2000, he served as a Special Assistant District Attorney in the Kings County District
`Attomey’s Office in its Homicide Division. While there he tried four homicide cases (obtaining
`convictions in all four cases), including the prosecution of Jarred Errington in the notorious "punk rock
`slay trial,” which received several days of coverage in the New York Post.
`
`In 1999, Mr. Hardy served as Special Assistant Corporation Counsel for the New York City Law
`Department, Manhattan Trial Unit, Torts Division. He also served as an intern to the Honorable Nathan
`Hecht, Texas Supreme Court.
`
`http://Vi/lMN.dpelaw.corn/201 1/10/victor-g-hardy’
`
`2/3
`
`
`
`2/6/2014
`
`\fictor G. Hardy
`
`intellectual Property | Commercial Litigation I
`
`Home I Firm Overview I Practice Areas I Professionals I Fee Structures I Represeniative Cases I News I Contact
`lnlellectual Property Liligation I Technology | Altemative Dispute Resolution | Electmnic Discovery I EmploymeniLiligation
`© 2013 by DiNovo Price Ellwanger & Hardy LLP, All rights reserved. Disclaimer
`Website Design and Marketing by: Lawfirm Press, LLC and MJW Media. lnc.
`
`hfip://wm~.dpe|aw.com/2011/10/victor-g-hardw
`
`3/3
`
`