FORT WORTH, Texas – A $26.5 million jury verdict secured by Boyd, Powers & Williamson has been recognized as the largest intellectual property verdict and the ninth largest verdict of any kind in Texas in 2019, according to analysis by VerdictSearch and Texas Lawyer magazine.
Jurors in the May 2019 trial found that Plano-based CommTech Sales and co-owner and operator Michael McGraw had unlawfully used proprietary generator interface technology developed by Micrin Technologies and later acquired by XIP LLC. Telecom companies use the technology to provide alternative power sources during electrical outages.
The judgment ordered by Tarrant County District Judge Mike Wallach against CommTech included $2.01 million in lost royalties; $10.16 million in damages from unfair competition and infringing use of trade dress; $3.93 million in prejudgment interest; and $8.07 million in punitive damages. Mr. McGraw was assessed damages of $1.75 million in lost royalties and $568,000 in prejudgment interest.
“Trade secrets and other intellectual property have become critical assets to many businesses today,” said Derrick Boyd, lead trial lawyer and co-founder of Boyd, Powers & Williamson. “I’m proud that we were able to achieve justice in this hard-fought case.”
The case is XIP LLC v. Michael McGraw; CommTech Sales, LLC, et al., Cause No. 348-267268-13 in the 348th Judicial District in Tarrant County. In addition to Mr. Boyd, the XIP trial team included Allen Williamson and Jesse King of Boyd, Powers & Williamson, and Brian Stagner of Fort Worth-based Kelly, Hart & Hallman.
The XIP verdict is among several notable jury wins for Mr. Boyd, including two other multimillion-dollar verdicts in 2019. A $98 million fraud verdict against BBVA Compass Bank was inducted into the Texas Verdicts Hall of Fame in 2017. Boyd, Powers & Williamson represents clients in commercial disputes, including litigation against banks and financial institutions for fraud, breach of contract and other wrongdoing. The trial team represents individuals in catastrophic injury litigation, including trucking, motor vehicle and construction accidents, as well as injuries caused by dangerous products.