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Whitaker Chalk Swindle & Schwartz PLLCMember
Mr. Richard Rocky L. Schwartz
Pro

Mr. Richard Rocky L. Schwartz

5.0
1 review

301 Commerce Street, Suite 3500, Fort Worth, TX 76102

Intellectual Property (Principally Litigation), Copyrights, Patents and 3 more

About Mr. Richard Rocky L. Schwartz

Rocky Schwartz has more than 40 years of legal experience on both sides of the docket pertaining to patent, trademark, copyright and trade secret disputes. A Fort Worth native, he is an IP attorney who focuses mainly on federal work.

He has represented clients in intellectual property matters before administrative agencies (i.e., U.S.P.T.O.), in federal district and appellate courts nationwide, and in the International Trade Commission.

Awards & Recognitions

• Selected as one of twelve “2011 Power Attorneys” by the Fort Worth Business Press.

• Named a “Texas Super Lawyer” for Intellectual Property Litigation for the years 2003-2025. “Super Lawyers” is a Thomson-Reuters service printed in Texas Monthly.

• Named Top Attorneys, Intellectual Property, December 2003 through 2024, Fort Worth, Texas Magazine.

• Named Top 100 Trial Lawyers in the State of Texas by the National Trial Lawyers for 2011 - 2023.

• Named America’s Top 100 High Stakes Litigators - 2018 -2024

• Recognized as a Top Attorney by 360 West Magazine 2018 - 2023

• Selected by the World Intellectual Property Organization (WIPO) of Geneva, Switzerland to be included on WIPO’s Arbitration and Mediation Center’s list of Neutrals [1 of approximately 1000 arbitrators and mediators from 70 countries].

• AV-Rated Martindale-Hubbell: Preeminent

• fellow (Life), Texas Bar Foundation

Reported Opinions

• Copyright: Global 360, Inc., f/k/a eiStream WMS, Inc., f/k/a eiSolutions v. Spittin’ Image Software, Inc., IMageMaker Development Inc. and Ken Davies, 2005 U.S.Dist. LEXIS 19698 (N.D.Tx Sept. 9, 2005)

• Copyright: Global 360, Inc., f/k/a eiStream WMS, Inc., f/k/a eiSolutions v. Spittin’ Image Software, Inc., IMageMaker Development Inc. and Ken Davies, 2005 U.S.Dist. LEXIS 4092 (N.D.Tx March 17, 2005)

• Copyright: Allied Marketing Group, Inc. v. CDL Marketing, Inc., 878 F.2d 806 (5th Cir. 1989)

• Copyright: Gillani Consulting, Inc. v. Ferguson Enterprises, Inc., (N.D. Tx, Cause No. 3-07CV1488-L)

• Copyright: Entertainment & Sports Programming Network, Inc. v. Edinburg Community Hotels, Inc., 623 F.Supp. 647 (S.D. Tx 1985), CA No. B-84-448

• Trademark: BNSF Ry. Co. v. Float Alaska IP, LLC, 2023 U.S. Dist. LEXIS 186606 ( CD CA Aug. 28, 2023 )

• Trademark: Delta T, LLC v Kale Fans America S.A. de C.V., 2020 U.S. Dist. LEXIS 62178 ( MD FL Feb. 25, 2020 )

• Trademark: Delta T, LLC v Kale Fans America S.A. de C.V., 2021 U.S. Dist. LEXIS 35855 (MD FL Jan .22, 2021 )

• Trademark: Neal Technologies Inc. v. Unique Motorsports Inc., United States District Court, EDTX (Texas Verdict Search, Vol.17, Issue 12, March 13, 2017)

• Trademark/Trade Dress: Prints Plus, Inc. v. Classic Graphics, Inc., 225 USPQ 679 (N.D. Ca 1985)

• Trademark/Trade Dress: Fuddruckers, Inc. v. Ridgeline, Inc. dba Purdy’s, 589 F.Supp. 72 (N.D. Tx 1984), aff’d 783 F.2d 1062 (5th Cir. 1986)

• Trademark: Titaness Light Shop, LLC v. Sunlight Supply, Inc. and IP Holdings, LLC, 2013 WL 4650413, 2014 WL 358406, Ninth Circuit Court of Appeals No. 13-16959

• Trademark/Trade Dress: Fuddruckers, Inc. and Magic Restaurants, LLC v. Fudpucker’s, Inc. and Fudpucker’s of Fort Walton Beach, Inc., 436 F.Supp.2d 1260 (ND Fla. 2006)

• Trademark: Minturn Advertising, Inc. v. Hermsen Design Associates, Inc., 728 F.Supp. 430 (N.D. Tx 1990)

• Trademark: Synair Corp. v. American Industrial Tire, Inc., 645 F.Supp. 1080 (S.D. Tx 1986)

• Patent: Delta T, LLC v Dan’s Fan City, 2021 U.S. Dist. 105195 ( MD FL June 4, 2021 )

• Patent: Delta T, LLC v Dan’s Fan City, 2021 U.S. Dist. 100418 ( MD FL May 27, 2021 )

• Patent: Delta T, LLC v Dan’s Fan City, 2021 U.S. Dist. 98131 ( MD FL May 25, 2021 )

• Patent: Delta T, LLC v Dan’s Fan City, 2021 U.S. Dist. 89836 ( MD FL May 10, 2021 )

• Patent: Delta T, LLC v Dan’s Fan City, 2021 U.S. Dist. 24422 ( MD FL Feb. 9, 2021 )

• Patent: Kennametal, Inc. v. Tool Serv., Inc., 899 F.2d 1228 (Fed. Cir. 1990)

• Patent: Maurice Mitchell Innovations, L.P. v. Intel Corporation, 2007 U.S.App. LEXIS 26825 (Nov. 5, 2007)

• Patent: Maurice Mitchell Innovations, L.P. v. Intel Corporation, 249 Fed. Appx. 184, 2007 U.S.App. LEXIS 22694 (Sept. 24, 2007)

• Patent: Maurice Mitchell Innovations, L.P. v. Intel Corporation, 2006 U.S.Dist. LEXIS 85194 (Nov. 22, 2006)

• Patent: Lund Industries, Inc., et al. v. Go Industries, Inc., et al., 938 F.2d 1273 (Fed. Cir. 1991)

• Patent: Cochran Consulting v. Uwatec USA, Inc., et al., 102 F.3d 1224 (Fed. Cir. 1996)

• Patent: Texas Digital Systems, Inc. v. Telegenix, Inc., cert. denied on May 27, 2003, 123 S.Ct. 2230, 2003 U.S. LEXIS 4099, 71 U.S.L.W. 3734 (U.S. 2003)

• Patent: Texas Digital Systems, Inc. v. Telegenix, Inc., rehearing en banc denied 2002 U.S.App. LEXIS 27412 (Fed. Cir. Dec. 9, 2002)

• Patent: Texas Digital Systems, Inc. v. Telegenix, Inc., 308 F.3d 1193 (Fed. Cir. 2002)

• Patent: ITC: In re Certain Flexible Foam Sandals, 207 USPQ 541 (ITC 1979)

Copyright: Global

7#8226; 10/06/2017 Deciding Where to File a Case. What Makes a Favorable Venue; Peeking Inside the Decision-Making Process Forum: Eastern District of Texas Bench Bar Conference, Moderator

• 10/19/2016 Rocky served on a panel at the ED TX Bench Bar Conference 'Double the Forums; District Court and PTAB and Their Effect on Efficiency, Consistency and Redundancy.'

• 10/25/2015 Rocky served as Moderator at the 2015 Eastern District Bench Bar Conference: 'Choosing When and Where to Fight and What to Fight About', Forum: Eastern District of Texas Bench Bar Conference

• 5/7/2009 Intellectual Property Litigation - Current Trends Forum: Tarrant County Bar Association program on “Breaking Through the Energy and Economic Crises: Regulatory Changes and Emerging Issues”

• 11/13/2008 Aggressive Legal Strategies for Defending the Family Jewels Forum: Fort Worth Intellectual Property Law Association Luncheon Speaker

• 11/29/2004 Texas Digital Systems, Inc. v. Telegenix, Inc. Update Forum: 5th Annual Intellectual Property Symposium, University of Texas School of Law (Impromptu Dialogue)

• 11/18/2002 Texas Digital Systems, Inc. v. Telegenix, Inc. Update Forum: 40th Annual Institute on Intellectual Property Law, Institute of Law and Technology of the Center for American and International Law, Dallas, Texas (Impromptu Dialogue)

• 5/10/2001 Litigation In A Changing Business World - Are You Ready? Forum: Intellectual Property Law, High Tech Panel, Texas Bar CLE

• 4/19/2001 Intellectual Property 2001, Strategic Considerations for Corporate Counsel Forum: American Corporate Counsel Association

• 6/21/2000 Bankruptcy.com, All Hat and No Cattle Forum: United States Bankruptcy Trustee Program, Tri-Regional Seminar

 

Mr. Richard Rocky L. Schwartz (Fort Worth, Texas) View website

Awards

AV Preeminent Peer Rated
This elite award is granted to attorneys who have been recognized by their peers for their very high ethical standards, with an average peer review score of 4.5 or higher.
Martindale-Hubbell Peer AV

Client Champion Awards

Client Champion awards recognize those attorneys who excel at service as affirmed by their clients. The awards, based on the quantity and quality of an attorney’s Martindale-Hubbell client reviews, demonstrate an ongoing commitment to delivering excellent client service. Award recipients stand out from their peers with a platinum, gold or silver icon.

Champion Badge Silver

At least three reviews and a score of 4.0 or higher.

Champion Badge Gold

At least six reviews and a score of 4.2 or higher.

Champion Badge Platinum

At least ten reviews and a score of 4.5 or higher.

Martindale Peer Awards

A lawyer who receives a minimum threshold of qualifying responses from fellow attorneys can qualify for one of three prestigious Martindale-Hubbell Peer Review Ratings:

Martindale-Hubbell Peer AV Preeminent Rating

AV Preeminent®: The highest peer rating standard. This rating signifies a large number of the lawyer’s peers rank him or her at the highest level of professional excellence for their legal knowledge, communication skills and ethical standards.

Mr. Richard Rocky L. Schwartz got this award in 2021

Martindale-Hubbell Peer Distinguished Rating

Distinguished: An excellent rating for a lawyer with some experience. This rating indicates the attorney is widely respected by their peers for high professional achievement and ethical standards.

Martindale-Hubbell Peer Notable Rating

Notable: This rating indicates that the lawyer has been recognized by a large number of their peers for strong ethical standards.

Avvo Awards

Avvo Top Contributor

Avvo Top Contributor: The Avvo Top Contributor Award is granted to attorneys who have earned significant contribution points in a given year on our sister site, Avvo.com. Contribution points are earned by answering questions in Q&A, publishing Legal Guides, and other useful contributions to the Avvo community.

Avvo Client Choice

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Services

Areas of Law

  • Intellectual Property 4
    • Copyrights
    • Patents
    • Trademarks
    • Trade Secrets
  • Litigation
  • Other 1
    • Intellectual Property (Principally Litigation)

Practice Details

  • Payment Information
    Payment & Cost Features
    Fixed hourly rates
    Fixed fees available
    Accepted Credit Cards
    Discover
    MasterCard
    Visa
  • Video Calls
    Offers Video Calls
    Video Call Options
    Zoom
  • Firm Information
    Position
    Member
    Firm Name
    Whitaker Chalk Swindle & Schwartz PLLC
  • Representative Cases & Transactions
    Cases
    Reported Opinions: Copyright: Entertainment & Sports Programming Network, Inc. v. Edinburg Community Hotels, Inc., 623 F.Supp. 647 (S.D. Tx 1985), CA No. B-84-448
    Copyright: Global 360, Inc., f/k/a eiStream WMS, Inc., f/k/a eiSolutions v. Spittin' Image Software, Inc., IMageMaker Development Inc.
    Ken Davies, 2005 U.S.Dist. LEXIS 19698 (N.D.Tx Sept. 9, 2005)
    Copyright: Global 360, Inc., f/k/a eiStream WMS, Inc., f/k/a eiSolutions v. Spittin' Image Software, Inc., IMageMaker Development Inc.
    Ken Davies, 2005 U.S.Dist. LEXIS 4092 (N.D.Tx March 17, 2005)
    Copyright: Allied Marketing Group, Inc. v. CDL Marketing, Inc., 878 F.2d 806 (5th Cir. 1989)
    Copyright: Gillani Consulting, Inc. v. Ferguson Enterprises, Inc., (N.D. Tx, Cause No. 3-07CV1488-L)
    Trademark: Neal Technologies Inc. v. Unique Motorsports Inc., United States District Court, EDTX (Texas Verdict Search, Vol.17, Issue 12, March 13, 2017)
    Trademark/Trade Dress: Prints Plus, Inc. v. Classic Graphics, Inc., 225 USPQ 679 (N.D. Ca 1985)
    Trademark/Trade Dress: Fuddruckers, Inc. v. Ridgeline, Inc. dba Purdy's, 589 F.Supp. 72 (N.D. Tx 1984), aff'd 783 F.2d 1062 (5th Cir. 1986)
    Trademark: Titaness Light Shop, LLC v. Sunlight Supply, Inc.
    IP Holdings, LLC, 2013 WL 4650413, 2014 WL 358406, Ninth Circuit Court of Appeals No. 13-16959
    Trademark/Trade Dress: Fuddruckers, Inc.
    Magic Restaurants, LLC v. Fudpucker's, Inc.
    Fudpucker's of Fort Walton Beach, Inc., 436 F.Supp.2d 1260 (ND Fla. 2006)
    Trademark: Minturn Advertising, Inc. v. Hermsen Design Associates, Inc., 728 F.Supp. 430 (N.D. Tx 1990)
    Trademark: Synair Corp. v. American Industrial Tire, Inc., 645 F.Supp. 1080 (S.D. Tx 1986)
    Patent: Kennametal, Inc. v. Tool Serv., Inc., 899 F.2d 1228 (Fed. Cir. 1990)
    Patent: Maurice Mitchell Innovations, L.P. v. Intel Corporation, 2007 U.S.App. LEXIS 26825 (Nov. 5, 2007)
    Patent: Maurice Mitchell Innovations, L.P. v. Intel Corporation, 249 Fed. Appx. 184, 2007 U.S.App. LEXIS 22694 (Sept. 24, 2007)
    Patent: Maurice Mitchell Innovations, L.P. v. Intel Corporation, 2006 U.S.Dist. LEXIS 85194 (Nov. 22, 2006)
    Patent: Lund Industries, Inc., et al. v. Go Industries, Inc., et al., 938 F.2d 1273 (Fed. Cir. 1991)
    Patent: Cochran Consulting v. Uwatec USA, Inc., et al., 102 F.3d 1224 (Fed. Cir. 1996)
    Patent: Texas Digital Systems, Inc. v. Telegenix, Inc., cert. denied on May 27, 2003, 123 S.Ct. 2230, 2003 U.S. LEXIS 4099, 71 U.S.L.W. 3734 (U.S. 2003)
    Patent: Texas Digital Systems, Inc. v. Telegenix, Inc., rehearing en banc denied 2002 U.S.App. LEXIS 27412 (Fed. Cir. Dec. 9, 2002)
    Patent: Texas Digital Systems, Inc. v. Telegenix, Inc., 308 F.3d 1193 (Fed. Cir. 2002)
    Patent: ITC: In re Certain Flexible Foam S
    als, 207 USPQ 541 (ITC 1979)
  • Additional Links
    http://www.whitakerchalk.com

Experience

  • Bar Admission & Memberships
    Admissions
    1973, Texas Bar
    2012, Colorado Bar
    US District Courts for the Northern, Southern, Eastern and Western Districts of Texas
    US Court of Appeals for the Fifth, Ninth and Eleventh Circuits
    US District Court for the Northern District of Florida
    US District Court for the Northern District of Illinois
    Registered US Patent and Trademark Office
    US District Court for Colorado
    US District Court for the Western District of Michigan
    US Court of Federal Claims
    US Court of Appeals for the Federal Circuit
    US Supreme Court
    US Court of Customs and Patent Appeals
    US District Court for the Northern District of California
    Memberships

    Associations & Memberships

    Lawyer-Pilots Bar Association

    American Intellectual Property Law Association

    DFW Intellectual Property Law Association

    Dallas County Bar Association

    American Bar Association

    AV-Rated Martindale-Hubbell: Preeminent

    Tarrant County Bar Association

  • Education & Certifications
    Law School
    University of Texas School of Law
    Class of 1973
    J.D.
    Other Education
    University of Texas
    Class of 1971
    B.S.M.E.
    with honors

Contact Mr. Richard Rocky L. Schwartz

Member at Whitaker Chalk Swindle & Schwartz PLLC
5.0
1 review

301 Commerce Street, Suite 3500Fort Worth, TX 76102U.S.A.

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Fax: 817.878.0501
Office Hours:
  • Monday 08:30 AM - 05:00 PM
  • Tuesday 08:30 AM - 05:00 PM
  • Wednesday 08:30 AM - 05:00 PM
  • Thursday 08:30 AM - 05:00 PM
  • Friday 08:30 AM - 05:00 PM

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  • Is this attorney Martindale-Hubbell Peer Review rated?
    Yes, Mr. Richard Rocky L. Schwartz has a 5.0 Peer Rating from Martindale-Hubbell.
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    Yes, Mr. Richard Rocky L. Schwartz offers fixed fees for certain legal services.
  • Does this attorney accept major credit cards?
    Yes, Mr. Richard Rocky L. Schwartz will accept Discover, MasterCard and Visa.
  • How many attorneys are in this law firm?
    Whitaker Chalk Swindle & Schwartz PLLC has 34 attorneys at this location.
  • What year was this attorney's law firm established?
    Whitaker Chalk Swindle & Schwartz PLLC was established in 1978.

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