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  • Education
    • J.D., Duke University School of Law, 1980, Order of the Coif; The Duke Law Journal, Editorial Board Member
    • B.A., cum laude, Yale University, 1977
  • Court Admissions
    • U.S. District Court, Western District of Missouri, 1980
    • U.S. District Court, District of Kansas
    • U.S. District Court, Southern District of Texas, 1997
    • U.S. District Court, Eastern District of Texas, 2009
    • U.S. District Court, Northern District of Texas, 2003
    • U.S. District Court, District of Colorado, 2003
    • U.S. District Court, Northern District of Illinois, 2008
    • United States Supreme Court, 1986
    • U.S. Court of Appeals, Third Circuit
    • U.S. Court of Appeals, Fourth Circuit
    • U.S. Court of Appeals, Fifth Circuit, 1986
    • U.S. Court of Appeals, Sixth Circuit
    • U.S. Court of Appeals, Seventh Circuit
    • U.S. Court of Appeals, Eighth Circuit
    • U.S. Court of Appeals, Ninth Circuit
    • U.S. Court of Appeals, Tenth Circuit
    • U.S. Court of Appeals, Federal Circuit
Russell S. Jones, Jr. is a member of the Commercial Litigation and Intellectual Property Litigation practice groups. Russ has tried and argued more than fifty jury trials, bench trials, arbitrations and appeals in business cases for clients in industries including telecommunications; software and technology; retail; consumer products; banks and financial services; sports licensors; professionals (lawyers and accountants); not-for-profit entities; and product manufacturers.

Russ’ experience-based expertise includes litigation involving patent infringement, trademarks, publicity rights, copyrights and other intellectual property; antitrust, securities, statutory and consumer class actions; directors and officers liability; business torts; civil rights; and communications. Russ works with clients across Polsinelli’s nation-wide platform, handling cases from New York to California, Florida to Washington, and dozens of states in between.

Russ has handled more than four dozen class action cases in the areas of consumer fraud, securities, taxation, contract, local government and antitrust. He 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 counsel in nine-figure litigation in Delaware arising out of the second bankruptcy of a once-prominent electronics retailer. Its litigation trustee alleged that our client had breached agreements and caused the retailer’s bankruptcy. After two years of hotly-contested litigation, our team utilized a mediator to reach a settlement for a small fraction of the trustee’s claim.
  • Lead counsel in multiple disputes between a national communications company and retail dealers. Our team has obtained at least four court judgments dismissing cases and referring them to confidential arbitration. Lead trial counsel in one such matter tried to an arbitration panel in 2019. Another is scheduled in the summer of 2021.
  • Lead trial counsel for national telecommunication carrier in actions targeting fraudulent and wrongful trafficking of wireless handsets. Our team tried or defended actions tried in New York, Kansas, Michigan, California, Maryland, New York and Florida.
  • Lead counsel in multi-state antitrust action on behalf of commercial and industrial purchasers of natural gas, seeking damages for conspiratorial price manipulation. Our team won interim appeals in the Ninth Circuit and U.S. Supreme Court, and successfully settled claims for purchasers in four states totaling more than $120 million to date. Lead trial counsel in action on behalf of a Midwestern state university to redress patent ownership and royalties disputes with former professor. Obtained a six-figure verdict and judgment in favor of our client after an eight-day jury trial; affirmed on appeal.
  • 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, leading to favorable decision upon re-trial and appeal.
  • Lead trial counsel for national over-the-road freight hauling company accused of infringing patent on automated fuel tax calculation. Obtained 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 patent infringement actions against banking software provider. After a nine-day jury trial, obtained a verdict finding all patent claims not infringed and invalid; affirmed by the Federal Circuit. For the same client, obtained a stay of another 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. Successfully defended patent infringement action in the District of Delaware, the Court finding all claims invalid under 35 U.S.C. § 101; judgment affirmed by the Federal Circuit.
  • 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.
  • 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.
  • 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.
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