Hardin, Roy

Roy W. Hardin




Roy Hardin has over thirty years of experience trying patent cases to juries and the bench across the country with a focus on Texas. His patent trial experience ranges from months-long bet-the-company cases for the largest corporations to single day trials for inventor owned companies. Drawing on his experience obtaining patents as a registered patent attorney early in his career, he uses trial advocacy to leverage intellectual property law principles for his clients. The recent spate of business method and software related patent disputes that can turn on the legal definitions of seemingly plain language require the same patent advocacy skill as more technical mechanical and chemical matters he has handled for years.

Trademark, copyright, trade secret, antitrust and unfair competition litigation all involve intangible property rights and he has broad trial experience in these matters also. He has tried patent cases to judgment/verdict in Texas, Louisiana, Oklahoma, Missouri, South Carolina, Delaware, Washington, and Wyoming. In recent years he has tried several cases to juries in the Eastern District of Texas and presented Markman hearings in the Marshall, Tyler and Texarkana divisions. He has presented numerous oral arguments to the Federal Circuit in patent appeals beginning in 1983 and continuing to date.

Representative Experience

  • Enforced pioneer patents in field of commercial explosives, causing Fortune 500 Chemical Company to leave the business.
  • Defended and enforced patents covering the most successful and widely used herbicide in the world.
  • Defended against charges of infringement of diaper patents, including invalidation of competitor’s patents and finding of unenforceability due to competitor’s inequitable conduct before the USPTO.
  • Excluded plaintiff’s survey expert testimony in jury trademark case resulting in finding on appeal that there was insufficient evidence of infringement by client-defendant.
  • Defended chemically complex plastics catalyst patent case involving two of the largest oil companies in the world.
  • Tried intellectual property cases to judgment for Atlas Powder, Fina, Monsanto, Kimberly Clark, ConocoPhillips, and Microsoft.
  • Managed patent and trademark portfolio, including oversight of prosecution, litigation and licensing for mid –size consumer products company.

Professional Affiliations and Recognitions

  • Fellow, American College of Trial Lawyers,
  • Named, The Best Lawyers in America, Litigation/Intellectual Property (2013-2020)
  • Named, Texas Super Lawyer, Texas Monthly Magazine (2011-2013)