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Hilary L. Preston

Hilary L. Preston Partner, Intellectual Property, Commercial & Business Litigation

Hilary focuses her litigation practice on intellectual property litigation and commercial disputes. She has represented clients in these types of lawsuits in trial and appellate courts across the country and regularly “provides strong practical advice and offers creative solutions” for clients (Chambers USA 2016). Hilary also has substantial experience counseling clients in risk management surrounding technology development, particularly in the sports, digital media, mobile content delivery, and e-commerce industries. In particular, she is noted as having “excellent communication skills and knowledge of the digital technology and telecommunications arenas” and has been called “a trusted advisor” with “excellent judgment” (Chambers USA 2016). Hilary has been recognized for her work in Chambers USA since 2014 and in New York Super Lawyers since 2013.

Hilary serves as Co-Chair of the firm’s Intellectual Property practice and is a member of the firm’s Management Committee.

Experience Highlights

  • (E.D.Tex.) — Represented major cable news network in a patent infringement case relating to mobile app technologies; obtained complete dismissal at the pleadings stage and invalidity of the asserted patent based on unpatentable subject matter
  • (Fed. Cir.); (W.D. Tex.) — Represented major sports media companies in a patent infringement case relating to mobile streaming media applications; the V&E team led the briefing and oral argument on behalf of consolidated defendant groups to obtain a dismissal at the pleadings stage and invalidity of the asserted patent based on unpatentable subject matter, which was affirmed on appeal
  • (S.D.N.Y) — Represented a major media company in a class action lawsuit brought against several defendant-publishers involving allegations of fraud, negligence and liability in relation to a national, multi-year subscription fraud scheme; obtained complete dismissal of all claims with prejudice
  • (W.D. Tex.) — Represented a major sports media company in a jury trial involving four patents directed to the broadcast and display of real-time graphical game updates to fans over the Internet; the plaintiff alleged our client willfully infringed and sought substantial damages; following an eight-day trial, the jury returned a take-nothing verdict in favor of our client, finding that our client didn’t infringe the four asserted patents, that each of the asserted claims were invalid, and that three of the four patents were unenforceable due to inequitable conduct
  • (S.D.N.Y.); (Fed. Cir.) — Obtained a complete affirmance of the dismissal of all claims against a leading consumer electronics and digital media provider before the Federal Circuit; claims included fraud, breach of contract, patent infringement, and trademark infringement
  • (Fed. Cir.); (D.N.M.) — Represented major sports league and major sports media company in litigation involving technology for streaming video from sporting events to fans’ mobile devices; obtained complete dismissal by district court of all claims with prejudice and invalidity of the asserted patents based on unpatentable subject matter, which was affirmed on appeal
  • (D. Ariz.) — Represented a major sports league and one of its teams in a litigation involving the league’s and the team’s right to send text and social media messaging to their fans; the matter was successfully resolved
  • (W.D. Tex.) — Represented a major media company in a dispute relating to on-line database search technology; obtained complete dismissal of all claims with prejudice
  • (E.D. Tex.); (Fed. Cir.) — Represented a defense group against patent infringement claims related to automatic repayment of loans to merchants by diversion of credit card receipts; all asserted patent claims found invalid after trial and upheld on appeal
  • (Fed. Cir.); (E.D. Tex.) — Represented a major media company in a patent infringement case related to photographic images and information displayed on the floor—a significant source of revenue for the client—and obtained a very favorable ruling on claim construction; subsequently, the plaintiff conceded that it could not prove infringement, and the court entered a final judgment of dismissal, which was affirmed on appeal


Contact Details

T +1.212.237.0129
F +1.917.849.5342
hpreston@velaw.com
666 Fifth Avenue
26th Floor
New York, NY 10103
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T +1.512.542.8498
F +1.917.849.5342
hpreston@velaw.com
2801 Via Fortuna
Suite 100
Austin, TX 78746
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Hilary's Practices

  • The University of Texas School of Law, J.D. with high honors, 2003 (Chancellor-at-Large; Order of the Coif; Texas Law Review, 2001–2003)
  • Rice University, B.A., Physics cum laude, 1999
  • Admitted to practice: New York; Texas; U.S. Courts of Appeals for the Second, Fifth, and Federal Circuits; U.S. District Courts for the Southern, Eastern, and Western Districts of New York; U.S. District Courts for the Northern, Eastern, Southern, and Western Districts of Texas
    • Chambers USA, Recognized Practitioner in Intellectual Property: Patent (New York), 2014−2018
    • Law360, Rising Star, 2016
    • Selected to the New York Rising Stars list, Super Lawyers (Thomson Reuters), 2013−2018