About
Theo represents clients in patent litigation, complex commercial litigation, governmental investigations, and technology transactions. His experience covers all phases of litigation in state and federal court, from pre-suit investigations, presenting and cross-examining witnesses at trial, and post-trial briefing. Theo has successfully navigated many cases to resolution, including by obtaining dismissals with prejudice and prevailing at trial.
Prior to joining Hilgers Graben, Theo clerked for the Honorable Andrew S. Hanen in the United States District Court for the Southern District of Texas and was an associate at Gibson Dunn & Crutcher. Theo is also proficient in technical matters: he obtained dual degrees at the University of Arizona in Molecular & Cellular Biology and Political Science, where he graduated summa cum laude.
Theo possesses broad litigation experience, including in patent litigation, breach of contract, trademark infringement, fraud, breach of fiduciary duty, and class actions. His cases have also required understanding of complex technology including laser eye surgery devices, traffic guard rail end terminals, replacement heart valve devices, computer science technology, and sinus surgery devices.
Representative cases:
- Represented a heart valve company in patent litigation, obtaining a $100 million verdict after a jury trial.
- Represented a sport utility vehicle plaintiff in a trademark infringement and contract litigation against a competitor. After over two years of litigation, obtained a favorable settlement in the pretrial phase after prevailing on Daubert motions and motions to strike new and late-disclosed expert opinions.
- Successfully obtained verdicts of patent infringement and validity for a pharmaceutical company plaintiff in bet-the-company patent litigation for a patent portfolio valued at $1 billion. Theo was responsible for cross examination of an expert witness, direct examination of an expert witness, and preparing the inventor of the last-expiring patent for testimony at trial.
- Obtained a TRO and temporary injunction on behalf of a plaintiff in a business divorce case in Texas state court.
- In multiple matters, successfully resolved cases on behalf of defendants facing patent litigation by patent assertion entities, including by obtaining dismissals with prejudice and prevailing on motions to dismiss.
- Successfully resolved a landlord tenant dispute in a commercial real estate litigation in Texas state court.
- Defended a life-sciences company in patent and contract litigation, arguing and obtaining favorable claim construction rulings, summary judgment, and expert rulings.
- Defended an individual in an investigation by the Security and Exchange Commission.
- Routinely managed complex e-discovery matters in a wide variety of cases, including high stakes patent litigation, antitrust cases, class action cases, government investigations, and internal investigations.
