Farooq A. Tayab
Norton Rose Fulbright US LLP
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Farooq's career has been devoted to representing a diverse range of clients in resolving disputes covering a wide range of substantive areas of the law (including intellectual property (IP), products liability, business torts, contracts, mergers and acquisitions, insurance, mass/toxic torts, class actions, environmental damage, and natural resource damage). His practice has been focused on litigating matters in the aerospace, automotive, chemical, electronics, energy, medical device, and manufacturing sectors.
Farooq has handled IP disputes involving patent infringement and misappropriation of trade secrets concerning, among other subject matter, autopilots, GPS equipment, and cockpit displays; thermal imaging systems; and lithium ion batteries. He has counseled clients on general IP policing and licensing matters. He has litigated against several regulatory agencies, governmental entities, municipalities and private litigants on matters involving the environmental release and remediation of chemical substances (e.g., lead and other heavy metals, VOCs, PCBs, and per-fluorochemicals (PFCs)) and CERCLA/RCRA liability. Farooq has also defended clients on numerous personal injury and property damage cases arising out of the environmental release of allegedly toxic/hazardous substances. In addition, he has prosecuted and defended claims involving general business torts, mergers and acquisitions, and contracts.
JD, cum laude, Southern Methodist University Dedman School of Law (deans list, moot court), 2007
MS, Bioengineering, Clemson University (graduate research on bio-absorbable controlled release drug delivery devices), 1995
B.Tech, Chemical Engineering, first class, Anna University (best student paper award for undergraduate research), 1992
- Texas State Bar
- Defended an electronics company in an ITC §337 investigation for the alleged infringement of a patent related to autopilots based on micro-electro-mechanical (MEM), inertial measurement unit (IMU), and synthetic voice technologies; obtained a highly favorable settlement following the exchange of expert reports.
- Defended a UK-based marine electronics company in an ITC §337 investigation brought by a Japanese competitor for the alleged infringement of patents related to radar, chart-plotting, mapping, and cockpit multi-function display (MFD) technologies; obtained a favorable settlement and cross-license agreement.
- Defended a major infrared (IR) camera company in an action brought by a Fortune 100 defense/aerospace company in the E. Dist. of Texas for the alleged infringement of patents related to microbolometer and semiconductor technology; obtained a highly favorable settlement following the filing of dispositive motions.
- Defended an electronics company in an action brought by an aerospace company in the Dist. of Minnesota for the alleged infringement of patents related to autopilot, synthetic vision, and collision avoidance technologies for unmanned aerial vehicles (UAV); obtained a favorable settlement and cross-license agreement.
- Represented a Texas university and a large Canadian utility company in separate actions brought against two lithium ion automotive battery manufacturers in the N. Dist. and W. Dist. of Texas for the infringement of patents related to lithium iron phosphate (LFP) cathode technology.
Misappropriation of Trade Secrets
- Defended a major IR camera company in an action brought by a Fortune 100 defense/aerospace company in the E. Dist. of Texas seeking to recover $2 billion in damages for the alleged misappropriation of trade secrets; following a 30-day trial the jury awarded a take nothing judgment in favor of defendant.
- Represented a Texas university and a large Canadian utility company in a multi-million dollar action brought before a Texas state court against a Japanese conglomerate regarding the misappropriation of trade secrets related to lithium ion battery technology; obtained a favorable settlement of the action at the eve of trial.
Environmental and Toxic Torts
- Defended a Fortune 100 company in a natural resources damages action (NRDA) brought by the Attorney General of Minnesota seeking to recover over $5 billion for the alleged damage to groundwater, surface water and soil caused by the alleged environmental release of perfluorochemicals (PFCs).
- Defended a Fortune 100 company in class actions in Alabama related to bodily injury and property damage allegedly caused by the environmental release of perfluoro alkyl substances (PFAS), such as PFOS and PFOA, from a manufacturing plant.
- Defended a major secondary lead producer in several environmental cost recovery actions brought by regulatory agencies under CERCLA, RCRA and other environmental statutes in Texas and Washington.
- Defended a major metals company in several class actions in Texas related to bodily injury and property damage allegedly caused by the environmental release of heavy metals (e.g., lead and arsenic), PCBs, and VOCs from various sites.
- Defended a Fortune 100 company in a negligent failure to warn action brought by a British governmental entity in the High Court of Justice (London) regarding the use and release of AFFF, a fire-fighting foam product, at an airport; obtained an extraordinary settlement midway through trial involving a substantial payment from the claimant to the company.
- Defended a Fortune 100 company in an action brought by a technology incubator in the High Court of Justice (London) regarding the alleged breach of a multi-million pound contract related to the development of a device for detecting infections; following a 30-day trial, the court rendered a verdict highly favorable to defendant.
Representative Counseling and Risk Advisory Services
- Regularly advised a Fortune 100 company over 5 years on managing worldwide litigation and regulatory risks arising from the alleged health and environmental effects related to the release of certain legacy chemicals from industrial, aviation and military sites; reviewed and commented on the company's regulatory submissions and disclosures under TSCA, CERCLA, RCRA and other statutory schemes; and counseled the company on various insurance coverage issues.
- Over a period of more than 10 years, regularly counseled various clients – including a major defense contractor; an electronics manufacturer; a metals manufacturer; a university system; and a utility company – on various IP matters including patent prosecution, procurement, policing, enforcement, defense and licensing strategies; oversaw efforts of patent counsel in the defense of the validity of patents in post-grant proceedings before the USPTO, EPO and JPO.
- Texas Rising Star, Texas Super Lawyers, Thomson Reuters, 2012-2015, 2018
- Member, American Bar Association
- Member, Texas Bar Association
- Member, American Intellectual Property Law Association (AIPLA)
- Member, Intellectual Property Owners (IPO) Association
- Member, National Asian Pacific American Bar Association (NAPABA)
- Member, US-India Chamber of Commerce (DFW)
- Farooq's interests include general aviation (flying single engine aircraft and sail planes), photography, reading, and spending time with his wife and two children.