Bob Kantner is an intellectual property and business trial lawyer who has gone to trial 36 times, including 28 as lead trial counsel, and prevailed outright in 75 percent of his trials.
As plaintiff's counsel, Bob obtained a jury verdict for $369 million in federal court in Sherman, Texas on claims for misappropriation of trade secrets, breach of employment agreement, and usurpation of corporate opportunity. As defense counsel, he successfully defended: a patent infringement claim for $100 million in Marshall, Texas and fraud claims asserted against KPMG by 43 plaintiffs seeking $51 million in a three-month long trial in state court in Houston.
Seven of Bob's first chair trials have been patent cases and eight others have been trade secret cases. He has tried two copyright cases involving software. Bob has experience with the following technologies: telecommunications, artificial intelligence, various other technologies used in autonomous vehicles, genetics, avionics, and energy.
Bob is a member of Jones Day's Autonomous Vehicles Artificial Intelligence Robotics (AVAIR) Team. He has written and spoken about artificial intelligence many times.
Bob has represented a producer of autonomous shuttle buses, a company that converts standard vehicles into autonomous vehicles, and a company that develops artificial intelligence technology for companies that produce semiconductors to enable machine learning in autonomous vehicles and medical devices. A recent focus of Bob's work has been the evaluation of artificial intelligence development processes, the documentation thereof to achieve what is commonly referred to as "responsible AI" and related contract issues.
Experience
The following represents experience prior to joining Jones Day:
Antitrust — Intellectual Property
In a jury trial in Alcatel USA, Inc. v. DGI Technologies, Inc., successfully prosecuted claims by Alcatel USA for copyright infringement, misappropriation of trade secrets, and unfair competition related to the logic design of microprocessor and other circuit boards and software for long distance telephone switches and successfully defended monopolization, tying, and other antitrust claims based on an alleged "after market" for such products.
Defended Alcatel against allegations by Foundry Networks that it had committed fraud in connection with its prosecution of patent applications while Alcatel was a member of an industry standard-setting body and was attempting to use the issued patents to monopolize a relevant market.
In Transit America v. Trinity Industries, obtained summary judgment on Transit America's patent claims and a favorable settlement for Trinity Industries on its antitrust counterclaim for monopolization.
Commercial
In a three-month long jury trial in state district court in Houston, Texas, successfully defended KPMG against fraud and other claims for which plaintiffs sought $47 million in actual damages.
Successfully defended a motion for class certification in case brought against TruServ Corporation.
Represented AMT International in a contract dispute with BP Chemical that was settled.
Handled claims for purchase price adjustments based on breaches of representations and warranties in an acquisition agreement
Copyright
Represented DSC Communications Corporation (later acquired by Alcatel) in a case tried in the United States District Court for the Northern District of Texas in which DSC Communications Corporation brought claims against DGT Technologies, Inc. for infringement of copyrights on software, trade secret misappropriation and unfair competition.
Represented Live Nation Motor Sports, Inc. in a case involving copyright infringement claims relating to webcasts – the case being filed in the United States District Court for the Northern District of Texas.
Represented Hansen Information Technology in a copyright case involving municipal infrastructure data management software filed against Azteca Systems, Inc. in the United States District Court for the Northern District of Texas.
Handled copyright cases involving copyrights on software, including: firmware, operating system software, and application software in telecommunications equipment; municipal infrastructure maintenance software; check processing software; and back office administrative software for financial institutions.
Counseled clients on the development of software without violating the intellectual property rights of others, including provision of advice regarding the Digital Millenium Copyright Act.
Patent
Defended ACS Industries, Inc. in a patent case involving petro-chemical technologies filed in the United States District Court for the Southern District of Texas but arbitrated by agreement. The arbitrators, who were experience patent lawyers, denied all of the plaintiff’s claims under three patents with one exception – two of three arbitrators decided that ACS Industries tray assemblies infringed one claim of one patent under the doctrine of equivalents.
Defended Syro, Inc. in a patent infringement case involving guardrails that was tried in the Eastern District of Texas.
Defended Raytheon in a jury trial involving claims for breach of the royalty provision of a Stock Purchase Agreement, a case involving claims that patents on vehicle tracking systems acquired thereunder covered Raytheon products.
Defended Sendon International, Inc. in a patent case tried in the Eastern District of Texas.
Defended NDE Environmental in a patent case involving environment test equipment for the oil and gas industry that was tried in the Western District of Louisiana.
Defended Antac Corporation in a patent case tried in the Northern District of Texas.
Defended patent cases for ACI Worldwide, Amazon.com, Cerro Wire, Edgewater Networks, Efficient Networks, Garrettcom, Moe's LLC, Sanden Corporation, Schlotzsky's LLC, Shera International, Southwest Airlines, Sybase, Syro, WAY Systems, and other companies in the Eastern, Northern, Southern, and Western Districts of Texas and in the District of Delaware, the Northern District of California, and the Western Districts of Arkansas and Louisiana.
Has also represented plaintiffs in patent cases, including two cases that Alcatel filed against Microsoft in the Eastern District of Texas.
Has tried seven patent cases to a jury verdict — prevailed outright in four of those cases and in two of the other cases, plaintiffs were awarded less than 25 percent of the damages they sought and the jury did not find willful infringement.
Trade Secrets
Represented DSC Communications, which sued Next Level Communications and Thomas Eames and Peter Keeler, two executives who left DSC and started Next Level, for misappropriation of trade secrets relating to hardware and software architectures for switched digital video technology, usurpation of corporate opportunity, and breach of employment agreements and obtained a jury verdict in favor of DSC for damages of $369 million.
In Koch-Glitsch, Inc. v. AMT International, Inc., successfully defended six former employees of Glitsch, Inc., who left that company when Koch Engineering Company acquired it, against claims for misappropriation of trade secrets relating to tray assemblies for distillation towers in petrochemical plants in China, Korea, Taiwan, and other Asian countries.
Represented Andersen Consulting in a trade secret case against a former partner and obtained a seizure order.
Represented Noble Drilling in a trade secret matter.
Trademark
Represented the owners of prominent trademarks such as TruServ Corporation, the owner of True Value® and related marks, Oneida Corporation, Academy Sports Academy, and Haggar Clothing Company.
In Quick Technologies, Inc. v. Sage, defended plaintiff's claim for $236 million for damages (in the form of defendants' profits) for trademark infringement in a three-week jury trial — the district court awarded injunctive relief, but no damages.
Tried seven trade secret cases to a jury verdict - prevailed in all seven cases.
Speaking Engagements
- February 16, 2018
Autonomous Lawyering: Predictive Analytics and Artificial Intelligence Are Changing the Practice of Law, ABA Corporate Counsel CLE Seminar - December 19, 2017
Jones Day's 2017 Speaker Series: New Technology, Cutting-Edge Law and Policy - November 17, 2017
Legal and Regulatory Challenges of Artificial Intelligence, Tech Titans - October 24, 2017
Legal and Regulatory Challenges of Artificial Intelligence and the Internet of Things, 2017 IBM IT Services Legal Summit - October 17, 2017
Artificial Intelligence - Real Legal Issues, Jones Day Emerging Technology Breakfast - October 6, 2017
Trade Secret State or Federal Actions, Houston Intellectual Property Law Associate and University of Houston Law Center 33rd Annual Intellectual Property & Information Law Institute - April 20, 2017
Intellectual Property Considerations for Entrepreneurs, Trep Expo - October 21, 2016
Trade Secrets, Eastern District of Texas Bench Bar Conference - December 16 & 17
Patent Cases in the United States - March 18. 2014
Baylor University's Hankamer School of Business - "Legal and Ethical Concerns About Big Data" - January 27. 2012
Dallas Bar Association - Intellectual Property Law Section: "Protecting Trade Secrets Internationally" - October 20, 2011
Jones Day Dallas CLE University
- Harvard University (J.D. 1980); University of Virginia (B.A. with honors 1977)
- Texas and U.S. District Courts for the Northern, Eastern, Southern, and Western Districts of Texas
The Legal 500 US, recommended for intellectual property — trade secrets (litigation and non-contentious matters) (2017)
The Best Lawyers in America (2007-2018) most recently for litigation — intellectual property; litigation — patents; and trade secrets law
Member of Board of Directors of Japan-America Society of Dallas/Fort Worth
Member of Board of Directors of Tech Titans, a North Texas technology trade association