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M. Brett Johnson

Brett Johnson is a partner at Farney Daniels and the founding member of the firm’s Dallas office. His practice is focused on all aspects of intellectual property litigation, including patent, trademark, trade secret and unfair competition matters in a variety of venues and forums. Mr. Johnson formerly worked as a litigation principal in the Dallas office of Fish & Richardson P.C., where he was a member of the firm’s Management Committee and deputy practice group leader for litigation.

In addition to his work in intellectual property matters, Mr. Johnson has represented numerous clients in commercial class actions in state and federal courts, in appellate courts in Oregon and Texas, as well as the Supreme Court of Texas and before the American Arbitration Association.

Areas of Practice

Intellectual Property Litigation
Business Litigation

Representative Cases

Represented Bank of America in a substantial patent infringement case involving multiple patents in the area of digital check processing. Data Treasury Corporation v. Wells Fargo & Company, et al. (Eastern District of Texas)

Represented Performance Technologies in a six-patent case involving SS7 and other signaling technologies. Tekelec v. Performance Technologies, Inc. (Eastern District of North Carolina)

Obtained a significant Plaintiffs’ jury verdict and a favorable post-trial settlement for Marcus Martin and Highland Environmental Management, LLC, in a case involving claims of breach of fiduciary duty, fraud, conspiracy, aiding and abetting, negligent misrepresentation, gross negligence, negligence, and tortious interference. Terry S. Casey, et al. v. Harold C. Simmons, et al. (State District Court, Texas)

Represented Sabre Inc. in a case brought by American Airlines regarding an alleged breach of contract and various business torts surrounding transfer of data processing charges for certain software functionality. American Airlines, Inc. v. Sabre Inc. (American Arbitration Association)

Obtained an award in favor of Mark Cuban and Dallas Mavericks entities regarding the alleged breach of contract and breach of fiduciary duty involving the operation of American Airlines Center and the Dallas Mavericks basketball team. Hillwood Center Partners, L.P. v. Radical Cuban LLC, et al.  (State District Court, Texas; American Arbitration Association)

Represented Dresser Industries against claims alleging infringement across all primary products sold in the United States with damages alleged to exceed $30 million. Touchcom, Inc., et al. v. Dresser, Inc. (Eastern District of Texas)

Represented Robotics Technologies in patent infringement case. American Building Control, Inc. v. Robotics Technologies, Inc. (Northern District of Texas)

Represented Amalgamated Gadget and NYC 999 in securities fraud action involving laundering of securities to avoid insider trading rules. Amalgamated Gadget, L.P. and NYC 999, LLC v. Cornelius Mack and John Bianchi (Northern District of Texas)

Obtained significant verdict in client’s favor on false advertising and misappropriation of business method case. North Dallas Enviroscape, Inc. v. Rainforest Creations, Inc., et al. (Eastern District of Texas)  


Southern Methodist University, Dedman School of Law, J.D., 1994, with honors
Order of the Coif
Order of Barristers
Managing Staff Editor, SMU Law Review
Baylor University, B.A., Financial Services, 1991

Honors and Distinctions

Chambers USA, “Up and Coming” Intellectual Property Attorney, 2011, Chambers and Partners
Texas Super Lawyers, 2004-2006, 2009-2011, Thomson Reuters
Corporate Counsel Edition of Super Lawyers for Business Litigation, 2009, Thomson Reuters
Texas Super Lawyers “Rising Stars,” 2004, Thomson Reuters
“The Best Lawyers Under 40 in Dallas,” 2002, D Magazine

Published Works and Presentations

Unique Problems in Trade Secret Litigation: Remedies and Procedural Strategies–A Plaintiff’s View, Law Seminars International (June 2003)

Court Admissions

State District Courts, Texas
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
United States Court of Appeals for the Fifth Circuit

Professional Memberships

Member, Dallas Bar Association
Member, State Bar of Texas
Member, Dallas Association of Young Lawyers
Founding Master, Barbara M.G. Lynn Inn of Court
Master, Patrick E. Higginbotham Inn of Court
Member, National Institute of Trial Advocacy

Community Service

Board of Directors, Dallas Summer Musicals