Use of cookies by
Norton Rose Fulbright
We use cookies to deliver our online services. Details and instructions on how to disable those cookies are set out at nortonrosefulbright.com/cookies-policy. By continuing to use this website you agree to our use of our cookies unless you have disabled them.

Brett C. Govett

Partner

Brett C. Govett

Dallas

T:+1 214 855 8118

Brett joined the Dallas office in 1991. He has broad litigation experience having tried commercial, intellectual property, and tort cases.

Brett was certified by the Texas Board of Legal Specialization for Civil Trial Law in 2000 and is registered to practice before the United States Patent and Trademark Office. He was admitted to the State Bar of Texas in 1990 and is admitted to practice in federal district courts located in Texas, the United States Courts of Appeal for the Federal and Fifth Circuits and the United States Supreme Court. Previously, he served as a law clerk for the Honorable Reynaldo G. Garza of the United States Court of Appeals for the Fifth Circuit.

[+Open all]
  • Education

    1990 - J.D., cum laude, Texas Tech University School of Law
    1987 - B.A., cum laude, Chemistry, The Citadel
    While in law school, Brett was a member of the Texas Tech Law Review and the Order of the Coif. 

     

  • Representative experience

    Commercial

    • Trial of fraud and breach of contract claims and defended against breach of fiduciary duty claims all under Delaware law where jury found fraud and breach of contract, awarded actual and punitive damages and found no breach of fiduciary duty allowing removal of minority limited liability company member
    • Defense of shareholder lawsuits concerning multi-billion dollar reverse merger transaction of NYSE cellular communications provider including staying and reversing trial court order enjoining the transaction
    • Prosecution of overpayments made to fuel supplier on behalf of international air carrier and use of equitable remedies to recover funds and successfully avoided claw back in the anticipated bankruptcy proceeding which followed
    • Successful appeal of denial of motion to compel and stay pending arbitration and later defense of breach of agreement claims asserted against government communications provider concerning alleged joint development of personal security device
    • Successful defense of broker dealer self-dealing and fiduciary duty alleged violations following month long arbitration
    • Initial defense of alleged insurance code violations concerning uninsured/underinsured benefits which aggressive discovery revealed were fraudulent and then assertion in the same case of claims of insurance fraud upon which damages were awarded to the client and judgment entered 
       

    Intellectual Property

    • Trial of multiple patent infringement claims asserted against national manufacturer where all asserted claims were found not infringed and invalid
    • Representation of patent holder at trial concerning internet traffic technology where jury found asserted claims willfully infringed and awarded significant damages
    • Successful representation of international chemical manufacturer in theft of trade secrets concerning process technology for purified terephtalic acid in arbitration administered by the China International Economic and Trade Arbitration Commission applying UNCITRAL rules
    • Revived and asserted theft of trade secret claims following assertion of "bet the company" patent infringement claims against wireless communications provider leading to successful resolution
    • Prosecution of patent infringement claims at trial on behalf of defense communications provider including multiple successful trials
    • Successful representation of international food and beverage provider against allegations of copyright infringement concerning soft drink promotional slogan
    • Enforcement and defense of multiple and varied patent infringement actions on behalf of clients ranging from sole inventors to Fortune 50 companies
       

    Tort

    • Successful resolution for oil and gas producer of publicized personal injury and property damage claims concerning allegations that horizontal drilling and hydraulic fracturing operations caused methane migration and a flash fire in a water well burning plaintiffs and resulting in loss of property value
    • Defense of numerous toxic tort chemical exposure cases involving personal injury claims on behalf of various chemical manufacturers
    • Defense of lubricants manufactured by international energy company against allegations brought by nationwide trucking companies that the products were deficient and caused bearing, wheel and axle failures
    • Defense of international automotive restraint manufacturer in lawsuits alleging defective seat belts including allegations of inertial unlatching
    • Defense of insureds including fatality claims involving claims of negligence concerning the operation of light and heavy motor vehicles
    • Successful assertion on appeal of qualified immunity defense in Section 1983 action following denial by trial court for client working with the Dallas FBI auto theft task force investigating alleged chop shop
  • Admissions
    • Texas State Bar License
    • US Patent & Trademark Attorney
  • Rankings and recognitions
    • International Society of Barristers
    • Litigation Counsel of America
    • Texas Top Rated Lawyer, LexisNexis Martindale-Hubbell, 2013 - 2014
    • Legal 500 US, Nationwide: Patent Litigation, The Legal 500, 2013, 2017
    • IP Star, Managing Intellectual Property, 2013 - 2017
    • Master, The Honorable Barbara M.G. Lynn American Inn of Court (organizing and founding member)
    • IAM Patent Litigation 250, Intellectual Asset Management, IAM Magazine, 2011
    • IAM Patent 1000 — The World's Leading Patent Professionals, Intellectual Asset Management, 2012-2017
    • The Best Lawyers in America, Best Lawyers, 2006 - 2018
    • Lawyer of the Year, Dallas: Copyright Law, Best Lawyers, 2013, 2017
    • Chambers USA, Texas: Intellectual Property, Chambers & Partners, 2004 - 2016
    • Texas Super Lawyer, top 100 attorneys in Dallas, Thomson Reuters, 2017
    • Texas Super Lawyer, Intellectual Property Litigation, Thomson Reuters, 2003 - 2017
    • Best Lawyers Under 40 in Dallas, D Magazine, 2002
    • Future Star: Texas, Benchmark Litigation, 2013 - 2015
    • Barrister, The Patrick E. Higginbotham American Inn of Court, 2000 - 2003
  • Speaking engagements
    • "Are Patent Agents Privileged:  In re Queens University (Fed. Cir. 2016) v. In re Silver (2016)," Center for American and International Law, November 2016
    • "Divided Infringement in Light of McKesson/Akami – What is Next?" Intellectual Property Litigation Conference, HarrisMartin Publishing and HG Litigation Services, Dallas, Texas, June 14, 2012
    • "Damages Awards: How to Make Them Stick," 48th Annual Conference on Intellectual Property Law, The Center for American and International Law, Plano, Texas, November 8, 2010
    • "Damages, Litigation Strategies," 15th Annual Advanced Patent Law Institute, University of Texas School of Law CLE, Austin, Texas, October 28, 2010
    • "An Enforceable Claim, What It Is and How to Build a Winning Portfolio," 2009 Spring Meeting of the Licensing Executive Society (U.S. and Canada) and Licensing Executive Society International in Montreal, Quebec, Canada, Co-Presenter, May 8, 2009
    • "Patent Litigation: What You Need to Know Now," 46th Annual Conference on Intellectual Property Law, The Center for American and International Law, Plano, Texas, November 10, 2008
    • "Jury-Oriented Patent Prosecution and Presentation," 13th Annual Advanced Patent Law Institute, University of Texas School of Law CLE, Austin, Texas, October 30, 2008
    • "Patent Valuation, Is There One or Many," Joint Meeting of the Licensing Executive Society (U.S. and Canada) and Licensing Executive Society International in Chicago, Illinois, Co-Presenter, May 7, 2008
    • "Patent Remedies," 12th Annual Advanced Patent Law Institute, University of Texas School of Law CLE, Austin, Texas, October 24, 2007
    • "Injunctions and Damages after eBay," 11th Annual Advanced Patent Law Institute, University of Texas School of Law CLE, Austin, Texas, October 25, 2006
    • "A Dialogue on Remedies and Damages," 10th Annual Advanced Patent Law Institute, University of Texas School of Law CLE, Austin, Texas, October 26, 2005
    • "Damages (Trade Secrets, Lost Profits, Evaluation)," Business Disputes and Litigation in the Digital Age, Texas Bar CLE, Dallas, Texas, May 19, 2005
    • "Patent Damages Overview," The Damages Institute, University of Texas School of Law CLE, Dallas, Texas, October 1, 2004
  • Memberships and activities
    • Fellow of the American Bar Foundation
    • Fellow of the Texas Bar Foundation
    • Sustaining Life Fellow of the Dallas Bar Foundation
    • Executive Committee Member - Institute for Law and Technology at The Center for American and International Law
    • Food Allergy Research and Education (FARE)
    • Sewanee:  University of the South - Parents Council
    • North Texas Citadel Club
    • Moody Family YMCA - Former Board Member and Annual Campaign Chair