"Good forecasting is accurate, timely and reliable. I get to the heart of what's at stake fast to help clients predict important outcomes and see a fuller range of strategic options."
Trial attorney Marla Butler has spent the last thirteen years litigating and leading high-stakes intellectual property and patent litigation trials, Markman hearings, mediations and arbitrations. Her representations, which have included critical early case evaluations and assessments, have helped technology clients in the medical, semiconductor, LCD, networking and other electronics technologies industries monetize their patent assets and/or defend against lawsuits that threaten their businesses.
As a partner and firm leader, Ms. Butler has an enhanced understanding of the nuanced business issues her clients face. Ms. Butler's leadership roles include serving on the firm's Executive Board and chairing the firm's Diversity Committee.
Recognition
Ms. Butler is a Fellow of the Litigation Counsel of America, a highly selective Trial Lawyer Honor Society. Fellows are selected based upon effectiveness and accomplishment in litigation, both at the trial and appellate levels, and superior ethical reputation. She was also designated a "Women Worth Watching" in the 10th Annual Profiles in Diversity Journal (2012).
Community
Ms. Butler is currently a member of the Board of Directors of Lambda Legal and has previously served as a member of Lambda's National Leadership Council. In 2007 she received the "One Child, One Lawyer Volunteer of the Year" award from the Atlanta Volunteer Lawyers Foundation. She is also a volunteer and previous member of the Board of Directors of Georgia's YouthPride, an organization serving at-risk LGBT youth.
AREAS OF PRACTICE
Complex Commercial Litigation
Intellectual Property Litigation
Strategic IP Monetization
Represented Convolve, Inc. in a patent infringement action against computer and hard disk drive manufacturers Dell, Western Digital and Hitachi. Serving as lead trial counsel on the issues of infringement and validity, Ms. Butler persuaded the federal jury in Marshall, Texas that the defendants had willfully infringed the hard disk drive technology patent held by Ms. Butler's client, and that her client's patent was valid. The case was filed in 2008 and the verdict was announced on July 26, 2011. Convolve, Inc. v. Dell, Inc., Hitachi Global Storage Tech., Inc., Hitachi Ltd., and Western Digital Corp., No. 2:08-CV-244-CE (E.D. Tex.).
Represented Alcatel Lucent USA in a patent infringement action against Amazon. Ms. Butler led the defense of infringement counterclaims raised by Amazon and she prevailed on key issues related to those counterclaims at the Markman hearing. The case was favorably settled shortly before trial.
Represented a large medical device manufacturer in a patent infringement action against a major competitor. Serving as one of three primary trial counsel, Ms. Butler examined witnesses on damages issues at trial. The case was settled on the eve of closing arguments.
Represented Intergraph Hardware Technologies Company in a patent infringement action against major computer manufacturers. Ms. Butler gathered the evidence of infringement and deposed the Intel engineers who designed and developed the Pentium family microprocessors. Intergraph recovered a total of $500 million in settlements and licensing as a direct result of the firm's representation.
Currently representing an open network communications inventor and patent holder in 5 separate actions against mobile phone manufacturers and a cellular carrier. Ms. Butler argued the Markman hearing before a Special Master and prevailed on all key issues.
BAR ADMISSIONS
New York
U.S. District Court, Southern District of New York
U.S. District Court, Eastern District of New York
Georgia
Georgia Court of Appeals
Georgia Supreme Court
U.S. District Court, Northern District of Georgia
EDUCATION
Florida State University College of Law, J.D., cum laude (1997); placed first in the Robert Orseck Moot Court Competition, sponsored by Florida Bar (1995); placed first in the Southeastern Invitational Mock Trial Competition, sponsored by Young Lawyers Section of the Georgia Bar (1996); president of the Florida State University Mock Trial Team (1996-97)
Cleveland State University, B.A.