Russell S. Jones, Jr. is a member of the Commercial Litigation and Intellectual Property Litigation practice groups and served as Chairman of the firm's Litigation Department. With more than 30 years of experience, he serves clients in industries including telecommunications; software and technology; retail; consumer products; franchisors; banks and financial services; utilities; sports licensors; professionals (lawyers and accountants); not-for-profit entities; and product manufacturers.
Russ handles trials, appeals and alternative dispute-resolution proceedings in the area of business litigation including trademarks, patents, copyrights and other intellectual property; class actions; securities; directors and officers liability; business torts; civil rights; communications; and antitrust. He has represented business clients in Missouri, Kansas and other state and federal trial and appellate courts throughout the United States. Russ works with clients across Polsinelli’s nation-wide platform, handling cases from New York to California, Florida to Washington State.
Russ has handled more than four dozen class action cases in the areas of consumer fraud, securities, taxation, contract, local government and antitrust. He has served as lead enforcement counsel for a major sports licensor and has handled trademark, copyright and patent infringement cases for medium-sized and large businesses. He has tried two patent infringement cases, both to favorable verdicts, and has successfully defended favorable patent case judgments in the Federal Circuit Court of Appeals.
- Lead trial counsel for national telecommunication carrier in actions targeting fraudulent and wrongful trafficking of wireless handsets; actions tried or pending in New York, Kansas, Michigan, California, Maryland, New York and Florida to date.
- Lead counsel in antitrust MDL action on behalf of commercial and industrial purchasers of natural gas seeking damages for conspiratorial price manipulation; helped achieve partial settlements in excess of $50 million.
- Lead trial counsel in action on behalf of Midwestern state university to redress patent ownership and royalties dispute with former professor; verdict and judgment entered for client after eight-day jury trial.
- Lead trial counsel for national pet products manufacturer defending class action claims alleging consumer fraud and breach of warranty related to pet treats.
- Lead trial and appellate counsel for taxpayer assessed with millions of dollars of state income tax liability based on residency dispute; obtained successful reversal at court of appeals of adverse administrative court judgment.
- Lead trial counsel for national over-the-road freight hauling company accused of infringing patent on automated fuel tax calculation; jury verdict in favor of client in Delaware federal court.
- Lead trial counsel for life insurance company defending class action claims arising out of alleged non-compliance with state insurance statutes; case settled after week-long trial.
- Lead counsel defending $50 million TCPA action against financial services client. Obtained summary judgment on vicarious liability theories.
- Lead counsel defending patent infringement action against banking software provider. Obtained stay of district court case in favor of covered business methods review proceeding in PTAB, which invalidated the claims asserted against the client based on 35 U.S.C. §§ 102 and 103.
- Lead counsel defending patent infringement action against publicly-traded banking software corporation in the District of Delaware. After briefing and argument, the Court entered summary judgment in favor of the client, finding all asserted claims invalid under 35 U.S.C. §101 and not infringed. The Federal Circuit affirmed.
- Lead trial counsel defending patent infringement action against national trucking company in the District of Delaware. The plaintiff alleged that the client's system for determining fuel taxes infringed on its patent. After a seven day trial, the jury returned a defense verdict finding no infringement.
- Represented a Fortune 100 corporation in an action seeking more than $10 million in damages for alleged breach of an indemnity agreement. After discovery, obtained summary judgment because the contract did not cover the actions on which the plaintiff based its claim for indemnity, and because the plaintiff’s conduct amounted to the unlawful sale of securities.
- After a nine-day patent infringement jury trial in federal court in New York, obtained a jury verdict finding that our client did not infringe and that all asserted patent claims were invalid. The Federal Circuit affirmed the result three days after oral argument.
- Successfully defended a national telecom carrier against a class action brought in state court alleging breach of contract and torts involving the calculation of late charges on unpaid bills. The case was removed to federal court, which stayed it pending arbitration per the customer's contract with the carrier. Instead of arbitrating, plaintiffs dismissed the action.
- Consumers brought class actions alleging contract breaches arising out of service-quality issues. Defeated class certification in most cases, and all cases were resolved on favorable terms or dismissed.
- The Kansas Public Employees Retirement System sued law firms that represented KPERS' investment advisers when investments failed, alleging a duty to protect KPERS from imprudent investments. The trial court entered summary judgment in favor of our client law firm, and the Kansas Supreme Court affirmed, holding that the law firms did not owe KPERS a duty to ensure that investments were safe.
- Realtime LLC sued more than two dozen data providers and financial exchanges, alleging that data compression technology infringed patents. We obtained a mandamus order from the Federal Circuit requiring transfer from the Eastern District of Texas to the Southern District of New York, which after discovery and claim construction entered summary judgment in our client's favor. The Federal Circuit affirmed the judgment in favor of our client.
- Our client used a manufacturer in China to make electronic goods designed by our client. The Chinese manufacturer stole the client's designs and offered to sell counterfeit goods on the Internet and to distributors in the United States. A federal court enjoined the Chinese company and its principals from making or seeking to import such goods into the United States, and ordered the Customs Service to prevent infringing goods from entering the country.
- Plaintiff sued a local public utility, alleging that its electronic billing and payment system infringed plaintiff's patents. We defended the action and after the Federal Circuit affirmed a favorable claim construction that defeated plaintiff's claims of infringement, plaintiff dismissed the case against our client.
- Represented a professional sports players association enforcing its members' publicity rights against unauthorized users of names and likenesses on games, memorabilia and consumer products. Involved in two ground-breaking decisions on the balancing of publicity rights and First Amendment rights in federal courts of appeals.
- The states of Kansas and Missouri sued major producers and distributors of natural gas for price fixing of gas produced from gas fields in Wyoming. After years of litigation including proceedings in the U.S. Supreme Court, we went to trial in the District of Kansas. After a week of trial, all defendants agreed to settle for more than $400 million, one of the largest antitrust settlements at that time.
- After the FCC rejected a proposed merger of two telecom companies, shareholders sued the officers and directors of one company, alleging that stock options that vested upon shareholder approval of the deal breached fiduciary duties to the shareholders. Defendants submitted the matter to a special litigation committee over plaintiffs' oppositions. Through extensive mediation, the claims were settled for a fraction of the amount claimed.
- Defended director of publicly-traded restaurant group against breach of fiduciary duty claims brought by bankruptcy trustee. After extensive proceedings and briefing on the business judgment rule, a favorable settlement was reached which involved no payment by our client.
- Owner of patents on LED vehicle lights sued our client, a major maker of vehicle lighting products, alleging infringement. After an attack on the validity of the patents that put plaintiff's licensing program at risk, plaintiff dismissed the case two weeks before trial without any payment by our client.
- Maker of green chewable teeth-cleaning products for dogs sued our client for making and selling a product that looked similar. After substantial litigation, including the use of trade dress survey experts, the case was favorably settled just before trial.
- A car buyer in Ohio sued our client, a credit life insurance company, alleging that the insurer improperly failed to refund unearned premiums to plaintiff and a class of similarly situated persons. After discovery and briefing on the class action issues, the district court denied class certification. Plaintiff dismissed the action in its entirety.