Lucas T. Elliot represents US and foreign clients as plaintiffs and defendants with their intellectual property (IP), commercial, and complex tort disputes in US federal and state courts and in arbitrations. His clients include organizations and individuals in industries that span 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.
A former member of the Texas State Bar District 4F Grievance Committee, he served as chairman from 1999 to 2001. Lucas has also served as a governing director of the board of trustees for the Houston Symphony Society, and as a member of the board of directors of the Friends of Fondren Library at Rice University.
Prior to joining Morgan Lewis, Lucas was a partner in the litigation, international, and intellectual property and technology departments and a member of the Asia-Pacific and information technology practice groups at a full-service international law firm.
Intellectual Property Cases:
Defended a major technology company as lead counsel in several multidefendant patent infringement actions in the Marshall, Sherman, and Tyler divisions of the Eastern District of Texas involving computer architecture.
Lead counsel for the third largest worldwide PC vendor (Taiwan's largest) in a patent infringement action concerning JPEG image compression technology. The patentee brought claims against dozens of major manufacturers in the electronics and software industry in the Eastern District of Texas, which were transferred to the Northern District of California in an MDL proceeding. Following a favorable Markman ruling, the case settled for a nominal payment on the client's behalf.
Co-lead counsel for the world leader in hand-carried diagnostic ultrasound medical devices in a patent infringement action concerning a patent for a portable medical ultrasound device. The district court granted summary judgment of invalidity against the plaintiff shortly before trial, which was affirmed by the Federal Circuit on appeal.
One of the lead counsels for a leading architect, designer and provider of digital wireless telephony technology and product platforms in a patent infringement action involving 2G and 2.5G GSM/GPRS/TDMA technology. After 10 years of litigation, the case settled shortly before trial with our client receiving worldwide, royalty-bearing license agreements from the alleged infringer, a major manufacturer of GSM/GPRS/TDMA compliant terminal units and infrastructure products.
Co-lead counsel for a Taiwanese company, the world's leading supplier of DVD playback software, in a patent infringement action regarding the supply of DVD software to personal computer and laptop manufacturers. The case settled favorably in the early stages of the litigation with our client entering into a license agreement for a significantly smaller amount than the amount later paid by our co-defendant.
Co-lead counsel for Korea's second largest PC manufacturer and one of Korea's largest computer monitor manufacturers in a patent infringement suit brought by one of the world's largest PC manufacturers involving 11 computer hardware and software patents. The case settled shortly before trial.
Co-lead counsel for a major motion picture studio and an independent film studio in a copyright infringement action involving "The Sixth Day" starring Arnold Schwarzenegger. The case settled shortly before trial, while defendants' motion for summary judgment of noninfringement was pending before the court, on very favorable terms for our clients.
Commercial Litigation Cases:
Lead counsel for 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. The case settled at mediation.
Lead counsel for 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. The arbitration was ultimately dismissed by the plaintiff without any payment by our client.
Lead counsel for 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. The claims against our client were dismissed by the court.
Lead counsel for 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. The case was settled on favorable terms without litigation.
Rice University, 1986, B.A.
Tulane University Law School, 1989, J.D., Cum Laude
U.S. Courts of Appeals for the Federal and Fifth Circuits
U.S. District Courts for the Northern, Southern, Eastern, and Western Districts of Texas
Clerkship to Judge Sim Lake of the US District Court for the Southern District of Texas (1989 - 1990)
Awards and Affiliations
Listed, Texas Super Lawyers (2010–2013)
Listed, The Best Lawyers in America (2013–2018)
Member, American Bar Association
Member, Houston Bar Association
Life Fellow, Texas Bar Foundation
Life Fellow, Houston Bar Foundation
AV Preeminent (Top Rated) Peer Review Rated by Martindale-Hubbell