Joseph F. Cleveland, Jr.

J.D. Mississippi College School of Law, 1990, with special distinction

B.A. Texas Christian University, 1987, cum laude

Briefing Attorney for the Honorable Eldon B. Mahon, Senior United States District Judge for the Northern District of Texas

State of Texas, 1990

U.S. Supreme Court

U.S. Court of Appeals, Fifth Circuit

U.S. Court of Appeals, Federal Circuit

U.S. Court of Appeals, Third Circuit

U.S. Court of Appeals, Sixth Circuit

U.S. Court of Appeals, Ninth Circuit

U.S. District Court, Northern District of Texas

U.S. District Court, Eastern District of Texas

U.S. District Court, Southern District of Texas

U.S. District Court, Western District of Texas

U.S. District Court, Eastern District of Virginia

U.S. District Court, Central District of California

U.S. District Court, Northern District of Illinois

U.S. District Court, Eastern District of Michigan

U. S. District Court, Eastern District of Louisiana

U.S. District Court, District of Arizona

U.S. District Court, District of Colorado

State Bar of Texas

Intellectual Property Section, State Bar of Texas

Tarrant County Bar Association

Bar Association of the Fifth Federal Circuit

Federal Bar Association

Fellow, Texas Bar Foundation

Fellow, Tarrant County Bar Foundation

Charter Member, Texas Intellectual Property Law Foundation

Recognized in The Best Lawyers in America^® for Commercial Litigation and Intellectual Property Litigation (2011-present)

Recognized as a Twenty Year Super Lawyer for Intellectual Property and Business Litigation, Super Lawyers^® (2005-present)

List of Top 100 Dallas/Fort Worth Super Lawyers by Super Lawyers^® (2016, 2020, 2021)

List of Top Attorneys for Intellectual Property (2011-present) Fort Worth, Texas Magazine

Rated AV Preeminent, Martindale-Hubbell Peer Review

Fritz G. Lanham Trademark Award by the Intellectual Property Law Section of the State Bar of Texas (2022)

Appointed by the Supreme Court of Texas to serve on the Texas Board of Disciplinary Appeals (2019-2022)

Outstanding Young Lawyer of Tarrant County by the Fort Worth–Tarrant County Young Lawyers Association (2002)

President, Federal Bar Association–Fort Worth Chapter

Chair, Intellectual Property Law Section, State Bar of Texas (2022-2023)

Chair, Trade Secrets Committee, Intellectual Property Law Section, State Bar of Texas (2013-2016)

Chair’s Award for Outstanding Service to the Intellectual Property Law Section of the State Bar of Texas (2017)

Co-chair, 75th Anniversary Celebration of the Lanham Trademark Act

Co-chair, Inaugural Northern District of Texas Bench Bar Conference

Founding and Charter Member, Texas Intellectual Property Law Foundation

Co-chair, District Court Advisory Committee, United States District Court for the Northern District of Texas (1998-2006)

Chair, Technology Subcommittee, District Court Advisory Committee, United States District Court for the Northern District of Texas (1998 – 2006)

Patent and Local Rules Subcommittees, District Court Advisory Committee, United States District Court for the Northern District of Texas (1998 – 2006, 2018 – 2019)

Technology Subcommittee, District Court Advisory Committee, United States District Court for the Northern District of Texas (2015-2020)

Civil Trial Law Exam Commissioner, Texas Board of Legal Specialization (2021- present)

Chair, Tarrant County Bar Foundation (2019)

Life Fellow, Tarrant County Bar Foundation

Director, Tarrant County Bar Association (2005-2007, 2023-present)

Chair, Advisory Panel for the reappointment of the Honorable Charles Bleil to United States Magistrate Judge in the United States District Court for the Northern District of Texas, Fort Worth Division

Advisory Panel for the reappointment of the Honorable Paul D. Stickney to United States Magistrate Judge in the United States District Court for the Northern District of Texas, Dallas Division

Conferee, Fifth Circuit Judicial Conference (New Orleans, 1998; Houston, 1999; San Antonio, 2000; New Orleans, 2001; Dallas, 2002; Austin 2004; San Antonio 2007; New

Orleans 2009; San Antonio 2011; Fort Worth 2013; New Orleans 2014; New Orleans 2015; Grapevine 2017)

Master, Barbara M.G. Lynn Inn of Court (2021–2022)

Barrister, Eldon B. Mahon Inn of Court (1997-1999, 2004-2005); Executive Committee/Program Director (1999, 2004)

Fort Worth’s 400 Most Influential People, Fort Worth Magazine (2018)

President’s Certificate of Outstanding Achievement, Tarrant County Bar Association (1999)

Rotella v. Wood, 528 U.S. 549 (2000) United States Supreme Court unanimously affirmed dismissal of Racketeering Influenced and Corrupt Organizations Act (RICO) claim involving insurance fraud.

 BWP Media USA, Inc. v. T & S Software Association, Inc., 852 F.3d 436 (5th Cir. 2017), cert. denied, 138 S. Ct. 236 (2017) In a case of first impression, Fifth Circuit held that a copyright holder must prove “volitional conduct” in any direct copyright infringement claim against an internet service provider.

“ISP’s Lack of ‘Volitional Conduct’ Nixes Copyright Appeal over Pop Star Pics,” Westlaw Journal of Intellectual Property (April 2013)

ZUP, LLC v. Nash Manufacturing, Inc., 229 F.Supp.3d 430 (E.D. Va. 2017), aff’d, 896 F.3d 1365 (Fed. Cir. 2018), cert. denied, 139 S. Ct. 1211 (2019) Federal circuit affirmed summary judgement invalidating patent for water recreational device due to obviousness.

Leapers, Inc. v. SMTS, LLC, 879 F.3d 731 (6th Cir. 2017) Sixth Circuit reversed and remanded trade dress infringement case for jury determination of whether knurling on an adjustable rifle scope was functional and had acquired distinctiveness.

MGE UPS Systems, Inc. v. GE Consumer and Industrial, Inc., 622 F.3d 361 (5th Cir. 2010) Successfully defended General Electric at trial and on appeal in a $100 million Digital Millennium Copyright Act (DMCA), copyright infringement, and misappropriation of trade secrets case involving commercial software for sophisticated business equipment. In a case of first impression, the Fifth Circuit Court of Appeals reversed and rendered a take nothing judgment against MGE.

“5th Circuit Zaps DMCA suit against GE over Power Supply Software,” Westlaw Journal of Intellectual Property (August 2010)

Rogerson Aircraft Corporation v. Bell Helicopter Textron, Inc, 348th Judicial District Court, Tarrant County, Texas (2024) Successfully prosecuted multiple claims against Bell Helicopter for its breach of a non-disclosure agreement with its supplier, Rogerson, based on Bell’s unauthorized disclosure to Rogerson’s competitor of jointly-developed specifications for an integrated glass cockpit display units. After a six-week trial, the jury found Bell breached its contract with Rogerson, engaged in unfair competition, and awarded Rogerson $16 million in damages, and the jury refused to award Bell any damages on its $56 million counterclaim for breach of warranty and breach of contract.

“Jury orders Bell Helicopter to pay $16 million to former supplier in trade secrets case,” The Washington Post (October 31, 2024), U.S. News & World Report (October 31, 2024), and The Associated Press (October 31, 2024)

CyberXForce Corporation v. Inspira Enterprises India Limited, (N.D. Tex. 2023) Represented cybersecurity firm in an international trade secrets case involving misappropriation of cybersecurity technology by an India-based company and its US subsidiary.  Settled shortly after the federal court granted CyberXForce’s motion and ordered the parties (including non-signatory parties) to arbitration.

 Cardone Industries, Inc. v. Joel Farina, et al., 17th Judicial District Court, Tarrant County, Texas, (2022) Accepted as a trade secret expert by the trial court.

 Galyean et al. v. Guinn (N.D. Tex. 2023) Appointed as a Special Master by the federal trial court.

 Longhorn Locker Company, LLC v. Hollman, Inc. (N.D. Tex. 2021) Represented custom athletic locker company in a trade-secret misappropriation and copyright infringement lawsuit against a competitor for lockers designed for the New Orleans Saints. Settled before trial.

HouseCanary, Inc. v. Title Source, Inc., 622 S.W.3d 254 (Tex. 2021) Represented Amicus Curiae The Business Law Section of the State Bar of Texas in a trade-secret misappropriation appeal before the Supreme Court of Texas.

 System Beauty, LLC v. Dallas Waste Disposal & Recycling Inc. (N.D. Tex. 2018) Represented supplier of cosmetics in a trademark infringement suit against seller of counterfeit products in the gray market. Obtained a temporary restraining order and ex parte seizure order in which U.S. Marshals Service were ordered to seize five truckloads of cosmetic products worth $80 million.

National Automotive Parts Association, LLC v. 4212 TWT, LLC (N.D. Tex. 2022) Represented NAPA in a trademark infringement suit against former franchisee and obtained preliminary injunction. Settled with the entry of an agreed permanent injunction.

 Tracelogic, Inc. v. nanoComposix, Inc. (N.D. Texas 2018) Represented manufacturer in breach of contract, misappropriation of trade secrets, and correction of inventorship suit against supplier of silica-encapsulated DNA nanoparticles to trace fracking fluid in oil and gas wells. Settled prior to trial.

Greenwood Office Outfitters, Inc. v. Preferred Office Products, Inc., 17th Judicial District Court, Tarrant County, Texas (2017) Misappropriation of trade secrets lawsuit filed by office supply company against its competitor and its former employees. Settled prior to trial.

 Distribution International, Inc. v. Bay Industries, Inc., 236th Judicial District Court, Tarrant County, Texas (2016) Represented manufacturer of rail car blankets in misappropriation of trade secrets claim against former employees and their new employer. Settled prior to trail.

 AZZ Inc. v. Morgan, 462 S.W.3d 284 (Tex. App.—Fort Worth 2015, no pet.) Successfully defended president and his new company at trial and on appeal in a $3.5 million breach of fiduciary duty, misappropriation of trade secrets, and breach of contract case involving industrial processes and chemistry for hot-dip galvanizing.

 Buxton Co. v. Cavin, 342nd Judicial District Court, Tarrant County, Texas (2013) Successfully defended programmer and a site selection company in a misappropriation of trade secrets case involving source code for analytic software. Settled after three-day preliminary injunction hearing.

Martin Resources Management Corp. v. AXIS Ins. Co., 803 F.3d 766 (5th Cir. 2015) Successfully defended excess carrier in multi-million dollar insurance coverage suit involving a directors and officers insurance policy

 Arkoma Basin Project, L.P. v. West Fork Energy Co., LLC, et al., 384 Fed. Appx. 375 (5th Cir. 2010) Successfully tried and defended on appeal a take nothing judgment in a multi-million dollar securities fraud and breach of contract case involving the oil and gas industry.

 Gillig v. Nike, Inc., 602 F.3d 1354 (Fed. Cir. 2010) United States Court of Appeals for the Federal Circuit affirmed in part, reversed and remanded a correction of inventorship claim involving a patent on golf clubs.

 MGE UPS Systems, Inc. v. Fakouri Electrical Engineer, Inc., 422 F.Supp.2d 724 (N.D. Tex. 2006) United States District Court granted summary judgment in favor of servicer of uninterruptible power supply (UPS) equipment on manufacturer’s claims of RICO violations, trademark infringement, and conspiracy.

RaceTrac Petroleum Inc. v. J.J. Fast Stop, Inc., et al., 2003 WL 251318 (N.D. Tex. 2003) United States District Court granted motion for summary judgment on claim of trade dress infringement.

 New Railhead Mfg., L.L.C. v. Vermeer Mfg. Co., 219 F.Supp.2d 758 (N.D. Tex. 2001), aff’d, 298 F.3d 1290 (Fed. Cir. 2002) United States District Court granted summary judgment invalidating drill bit patent due to prior public use and affirmed on appeal.

 Rotella v. Wood, 147 F.3d 438 (5th Cir. 1998) United States Court of Appeals for the Fifth Circuit affirmed dismissal of RICO claim.

 Rotella v. Pederson, 144 F.3d 892 (5th Cir. 1998) United States Court of Appeals for the Fifth Circuit affirmed dismissal of fraud claim.

Fidelity Bank v. Mortgage Funding Corp. of America, 855 F. Supp. 901 (N.D. Tex. 1994), aff’d, 91 F. 3d 138 (5th Cir. 1996) United States District Court denied motion to dismiss and allowed declaratory judgment action to proceed regarding termination of loan purchase agreement.

Rieder v. Woods, 603 S.W. 3d 86 (Tex. 2020) Successfully defended appeal of the enforcement of forum selection clause against non-signatories to the agreement.

FWT, Inc. v. Haskin Wallace Mason Property Mgmt., LLP., 301 S.W.3d 787 (Tex. App.—Fort Worth 2009, pet. denied) Texas Court of Appeals affirmed trial court’s summary judgment that property owner’s right of first refusal was extinguished.

Collins v. Kappa Sigma Fraternity, —S.W.3d—2017 WL 218286 (Tex. App.—Fort Worth 2017, pet. denied) Successful appeal of summary judgment on breach of contract, breach of fiduciary duty, defamation and promissory estoppel claims. Settled after remanded for trial.

Nationwide Power Solutions, Inc. v. Eaton Electrical, Inc.  (C.D. California 2007) Successfully represented 12 independent service organizations in an aftermarket antitrust suit against manufacturer of uninterruptible power supply (UPS) equipment based on diagnostic software and service policies that prevented customers from utilizing independent services.  Settled prior to trial.

Eaton Power Quality Corp v. J.T. Packard and Assoc., Inc. (N.D. Illinois 2005) Represented independent service provider in copyright infringement, misappropriation of trade secrets and antitrust case involving diagnostic software.  Settled prior to trial.

 Sanchez v. Young County, 866 F.3d 274 (5th Cir. 2017), cert. denied, 1395 S.Ct.126 (2018) (Sanchez I); Sanchez v. Young County, 956 F.3d 785 (5th Cir.), cert. denied, No. 20-465, 2020 WL 7132337 (2020) (Sanchez II) Two successful appeals of a civil rights case involving the death of a pretrial detainee. Settled before trial.

Cleveland, J., Fredrick Garland “Fritz” Lanham—Father of American Trademark Protection (BookHouse Group 2020) (Foreword by Mary Boney Denison, former U.S. Commissioner for Trademarks, United States Patent and Trademark Office) (reviewed by John Browning, Texas Supreme Court Historical Society Journal (Summer 2021))

Cleveland, J., “Preventing Trade Secrets Theft Under the Defend Trade Secrets Act,” The Federal Lawyer  (May/June 2019) (cited by the United States Court of Appeals for the Second Circuit in Beijing Neu Cloud Oriental System Technology Co., Ltd. v. IBM, 110 F.4th 106 (2d Cir. 2024) and in Law Review Commentaries to the Defend Trade Secrets Act, 18 U.S.C. §1831)

Cleveland, J. and Coffman, J. H., “Protecting Trade Secrets Made Simple: How the Recently Enacted Texas Uniform Trade Secrets Act Provides a Legislative Framework for Litigating Cases,”  Texas Bar Journal (September 2013) (cited in Law Review Commentaries to the Texas Uniform Trade Secrets Act, Tex. Civ. Prac. & Rem. Code §§134A.001–008 (2013), the Texas Theft Liability Act, §§ 134.001–134.005 (2019), O’Connors, Texas Causes Of Action (2015 ed), Texas Jurisprudence §59 (3d ed.), American Jurisprudence Proof Of Fact (3d ed.), Santa Clara High Technology Law Journal (2014), Southern Methodist University Law Review (Spring 2016), and St. Mary’s Law Journal (2014))

Cleveland, J. and Harrell, A., “Is Texas Becoming a Lodestar State? A Practitioner’s Guide to Recovering Attorneys’ Fees Under the Lodestar Method,”  Texas Bar Journal (October 2012), republished in the Journal Of Consumer & Commercial Law, University of Houston Law Center (Spring 2013) (cited in Matter of Estate of Poe, 591 S.W. 3d 607, 652 n.23 (Tex. App. – El Paso 2019), aff’d in part and rev’d in part on other grounds, 648 S.W.3d 277 (Tex. 2022))

Cleveland, J. and Hammond, H., “TUTSA vs. DTSA– Should I Bring My Trade‐Secret Case in State or Federal Court,” 2017 TXCLE – AIP 18 II, 2017 WL 8316069 (2019) (cited in StoneCoat of Texas, LLC v. ProCal Stone Design, LLC, 426 F.Supp.3d 311, 333 (E.D. Texas 2019))

Cleveland, J., Coffman, J.H., and Smith, K., “A Practioner’s Guide to the Texas Uniform Trade Secrets Act,” Texas Journal of Business Law (Fall 2019) (cited in Law Review Commentaries to the Texas Uniform Trade Secrets Act, Tex. Civ. Prac. & Rem. Code §§134A.001–008 (2013) and the Texas Citizens Participation Act, Tex. Civ. Prac. & Rem. Code §§27.001–27.011 (2011))

Cleveland, J., “Mum’s the Word:  Protecting Company Information Under the Texas Uniform Trade Secrets Act,” Texas Bar Journal (February 2016) (cited in Law Review Commentaries to the Texas Uniform Trade Secrets Act, Tex. Civ. Prac. & Rem. Code §134A.001–.008 (2013) and Texas Jurisprudence §59 (3d ed.))

Cleveland, J. and Coffman, J.H., “Trade Secrets: Outlining New Amendments to the Texas Uniform Trade Secrets Act,”  Texas Bar Journal  (September 2017) (cited in  Texas Legal Practice Forms §52:2 (2d ed.))

Cleveland, J. and Coffman, J. H., “The Texas Uniform Trade Secrets Act,” Texas Journal of Business Law  (Fall 2013) (cited in Texas Jurisprudence §59 (3d ed.))

Cleveland, J., “Preventing Trade Secret Theft under the New Trade Secrets Law,” The Computer & Internet Lawyer (September 2016)

Cleveland, J. and Minick, D., “A Proposal to Amend Rule 76a  to Reduce the Burden and Expense of Filing Court Records Under Seal in Trade Secret Cases,” The Advocate, The Litigation Section of the State Bar of Texas (Fall 2022)

Cleveland, J., “Texas Pattern Jury Charge on Trade Secret Misappropriation Near Completion,” Tipsheet, Intellectual Property Law Section Newsletter, State Bar of Texas (Fall 2014)

Cleveland, J, and Markwardt, K. Jury Selection in Intellectual Property Cases, Intellectual Property Law Section, State Bar of Texas Annual Meeting

Cleveland, J., “2013 Year In Review—Trademark Litigation,” Texas Bar Journal (January 2014)

Cleveland, J. and Coffman, J. H., “Texas Adopts Uniform Trade Secrets Act,” Fort Worth Business Press (August 2013)

Cleveland, J. and Coffman, J. H., “Protecting Your Companies Trade Secrets,” Fort Worth Business Press (May 2009)

Cleveland, J., “75th Anniversary Celebration of the Lanham Trademark Act,” Texas Bar Journal (June 2021)

Cleveland, J. and Coffman, J. H., “Should Texas Adopt the Uniform Trade Secrets Act?” News for the Bar, Litigation Section Newsletter, State Bar of Texas, (Spring 2013)

Testimony before the Senate and the House Committees of the 83rd and the 85th Texas Legislatures in support of the Texas Uniform Trade Secrets Act and amendments thereto

Investiture Ceremony for the Honorable Sidney A. Fitzwater, Chief United States District Judge for the Northern District of Texas

Investiture Ceremony for the Honorable Jeffrey L. Cureton, United States Magistrate Judge for the Northern District of Texas

Portrait Hanging Ceremony for the Honorable Alex H. McGlinchy and the Honorable Charles M. Bleil, United States Magistrate Judges for the Northern District of Texas

United States Naturalization Ceremony, Eldon B. Mahon United States District Courthouse

Defining and Protecting Corporate Crown Jewels from Civil Litigation to Criminal Prosecution: A Discussion of Trade Secret Litigation/Prosecution in the Eastern District of Texas and Beyond, Eastern District of Texas Bench Bar Conference

Guest Lecturer, Trade Secrets, United States Patent and Trademark Office Summer Internship Program

Guest Lecturer, Trade Secrets, Texas A&M School of Law

Guest Lecturer, Litigation Tactics and Defenses–Trade Secrets Law Course, University of Houston Law Center

Panelist, Legal Ethics and Client Advocacy in Civil and Criminal Litigation: The Lawyer’s Perspective, Austin College Law Symposium

 Trade Secret Update, 31st Annual Advanced Intellectual Property Course

75th Anniversary of the Lanhan Act–American Bar Association and Intellectual Property Law Section Virtual Trademark Days with the USPTO (interviewed by USPTO Regional Director Hope Shimabuku)

Trade Secret Update, Texas Bar CLE–Litigation Update Institute

 Changes made to the Texas Uniform Trade Secrets Act, 15th Annual Advanced Business Law Course

Trade Secret Update, 55th Annual Conference on Intellectual Property Law, The Center for American and International Law

TUTSA v. DTSA – Should I Bring my Case in State or Federal Court? 30th Annual Advanced Intellectual Property Course Patents Trademarks and a Cup of Joe, Global Entrepreneurial Week

What the Texas Uniform Trade Secrets Act, The New Federal Trade Secrets Act and The European Directive Mean for the Energy Industry, Energy Industry Intellectual Property Law Conference, Institute for Energy Law and Law and Technology, The Center for American and International Law

Pattern Jury Charge for Misappropriation of Trade Secrets, Intellectual Property Law Section, State Bar of Texas Annual Meeting

Trial Presentation: Visualizing Case Themes and Generating Dynamic Presentations, Northern District of Texas Bench Bar Conference

Jury Selection in IP Cases, Intellectual Property Law Section, State Bar of Texas Annual Meeting.

 The Defend Trade Secrets Act, Oklahoma Bar Association Intellectual Property Section

Trade Secret Litigation under the Defend Trade Secrets Act, Oklahoma Bar Association, Intellectual Property Section

Misappropriation of Trade Secrets and Corporate Espionage: The New Texas Uniform Trade Secrets Act in Your Arsenal, Intellectual Property Law Section, State Bar of Texas Annual Meeting

The New Texas Uniform Trade Secrets Act, Business Law and Corporate Counsel Forum, State Bar of Texas Annual Meeting

Protecting Your Clients Trade Secrets, Intellectual Property Law Section, State Bar of Texas Annual Meeting

The Texas Uniform Trade Secret Act and the Changing Landscape of Trade Secret Protection, State Bar of Texas Webcast

TUTSA v. DTSA – Should I Bring my Case in State or Federal Court?, Dallas Bar Association, Intellectual Property Section

In Search of Unicorns: Finding Ideal Jurors for IP Cases, Dallas Bar Association, Intellectual Property Section

Texas Pattern Jury Charges for the Texas Uniform Trade Secrets Act (TUTSA) and the Federal Defend Trade Secrets Act, Joint Meeting of the Business Litigation and Intellectual Property Sections of the Tarrant County Bar Association

 Protecting Your Client’s Information and Customer Relationships: The Intersection of Non-Competes, Trade Secrets, and Employee Confidentiality Agreements, 14th Annual Advanced Business Law Course

Trade Secrets, 31st Annual Institute of Intellectual Property Law, Houston Intellectual Property Law Association, and the University of Houston Law Center

Judicial Advocacy, Inaugural and Third Annual Bench Bar Conference for the United States District Court for the Northern District of Texas

Protecting Your Client’s Trade Secrets, 11th Annual Advanced Patent Litigation Course

Trade Secrets, Essentials of Business Law, Texas Bar CLE

Trade Secrets Year in Review, 52nd Annual Conference on Intellectual Property Law, The Center for American and International Law

Temporary Restraining Orders, Preliminary and Permanent Injunctions, Brown Bag Seminar, Tarrant County Bar Association

 Recovering Attorneys’ Fees in Texas, Business Litigation Section of the Tarrant County Bar Association

Texas Uniform Trade Secrets Act, Intellectual Property Law Section of the Tarrant County Bar Association

Intellectual Property, 18th Annual Texas Higher Education Law Conference at the University of North Texas

Protecting Your Company’s Trade Secrets, Intellectual Property Law Section of the Tarrant County Bar Association

Collection Practices in Texas, Lorman Education Services

Chair, Tarrant County Bar Foundation (2019)

President, Montserrat Homeowners’ Association

President, Youth Orchestra of Greater Fort Worth (2001- 2003)

Leadership Fort Worth

Organized Intellectual Property Workshop for startups and inventors in the Rio Grand Valley, Corpus Christi, Fort Worth, El Paso, Waco, Lubbock, Odessa, Alpine, San Antonio, and Laredo sponsored by the United States Patent and Trademark Office and the Intellectual Property Law Section of the State Bar of Texas.