Overview
Tonya’s practice encompasses complex civil and commercial litigation matters at both the trial and appellate levels in both federal and state court. She provides a business-minded and practical approach in all circumstances, whether that be trying a case or negotiating a favorable resolution.
Tonya represents clients ranging in size from Fortune 500 companies to emerging businesses. She has a broad-based practice that includes intellectual property cases, technology licensing matters, contract disputes, fiduciary claims, real estate management and construction disputes, and general business and tort matters.
Tonya’s intellectual property litigation experience is significant, comprising over 25 years and over 100 cases in which she has defended patent infringement suits and trade secret misappropriation claims in a myriad of industries and technologies. She has represented clients in intellectual property matters involving battery technology, internet advertising, check imaging, video games, electronic gift cards, online banking, e-commerce, automotive technology, and more.
Experience
- Trial team member in representation of a large battery manufacturer against US Department of Labor’s (DOL) claims for alleged wage-hour violations at 24 factories; obtained favorable verdict after nine week trial in which the jury rejected all of DOL’s claims on behalf of non-uniformed employees, rejected DOL’s claim that the employer willfully violated the law, and rejected 80% of DOL’s claimed damages.
- Secured unanimous jury verdict in favor of real estate management company on breach of contract claims against parking systems vendor.
- Defended regional bank on fraud, trade secret, and contract claims relating to cash management software; obtained judgment and attorneys’ fees in client’s favor; affirmed on appeal.
- Attained summary judgment for national retailer in defense of claims for breach of deed restrictions and nuisance; affirmed on appeal.
- Secured dismissal for real estate management company on claims of disparate impact and discrimination related to leasing policies; affirmed on appeal.
- Represented national banks in numerous patent litigation cases involving check imaging and online banking.
- Represented national retailers in patent litigation relating to secure online purchases and ecommerce.
- Represented Japanese telecommunications company in litigation involving patent rights to lithium battery technology.
- Represented national media company in patent infringement case involving software for managing radio inventory and revenue.
- Represented banking and financial services company in certificate-holder litigation involving its role as trustee for commercial mortgage backed securities trusts; obtained judgment dismissing plaintiff’s claims.
- Secured summary judgment for a publicly-traded Internet advertising provider in a suit involving business torts and breach of contract claims.
Accolades
Honors & Recognitions
- Selected as a Super Lawyer for Intellectual Property Litigation Law, Texas Monthly magazine, 2014-2022
- Named a Future Star, Texas, Benchmark Litigation, 2012-2024
- Recognized as a Texas Rising Star, Super Lawyers by Thomson Reuters (published in Texas Monthly), 2008, 2011-2014
Affiliations
Professional
- Dallas Bar Association
- American Bar Association
Insights
Legal Updates
Events & Speaking Engagements
- Past presenter on evidentiary issues at University of Houston CLE courses.
- Co-presenter: The Best Defense is a Strong Offense: Navigating Patent Litigation (Dallas Bar Association CLE Program, January 2011)
- Co-presenter: The Best Defense is a Strong Offense: The Benefits of an Inequitable Conduct Defense (Advanced PCT Seminar for Patent Professionals 2010)
- Speaker: Ins and Outs of Patent Litigation in the Eastern District of Texas (TAPS 2007)
Publications
Blog Posts
News
Education
JD, Vanderbilt Law School, Vanderbilt Law Review, Notes Development Editor, 1999
BS, Missouri State University, magna cum laude, Accounting in the Honors College, Presidential Scholar, University Honors Council, 1996
Admissions
Texas
Courts
US Supreme Court
US Court of Appeals, Fifth Circuit
US Court of Appeals, Federal Circuit
US Court of Appeals, Third Circuit
US District Court, Northern District of Texas
US District Court, Southern District of Texas
US District Court, Eastern District of Texas
US District Court, Western District of Texas
US District Court, District of Colorado
US District Court, District of North Dakota
