Skip to content
Hilary L. Preston
Hilary L. Preston
Partner — Intellectual Property
Partner — Intellectual Property

Hilary L. Preston

Hilary L. Preston
New York

The Grace Building
1114 Avenue of the Americas
32nd Floor
New York, NY 10036

Austin

2801 Via Fortuna
Suite 100
Austin, TX 78746

Hilary L. Preston

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 Chair of the firm’s Intellectual Property practice and is a member of the firm’s Management Committee.

Experience Highlights

  • (E.D. Tex.) — Representing a multinational technology manufacturer in patent infringement litigation related to liquid crystal display (LCD) technologies

  • (C.D. Cal.) — Representing a provider of technology tools for media creators in a patent infringement lawsuit related to storage and retrieval of multimedia content

  • (D. Del.) — Representing the provider of a leading database platform in a patent infringement lawsuit relating to data compression, decompression, storage and retrieval methods

  • (PTAB) — Represented a Korean toy company in inter partes review proceedings on three patents involving transformable toys, which patents are the subject of simultaneous patent infringement litigation initiated by a competing toy maker

  • (C.D. Cal.; PTAB) — Represented major sports league in a patent infringement action relating to the league’s online video streaming platforms and applications; achieved invalidity of one asserted patent based on unpatentable subject matter and succeeded in instituting inter partes review on two other asserted patents

  • (E.D. Tex.) — Represented a global restaurant chain in litigation in which the company has been accused of copyright and patent infringement in connection with its use of certain business analytics software

  • (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

  • (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

  • (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.); (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

  • (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

  • (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

  • (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

  • (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

Credentials

  • 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
  • Chambers USA, Recognized Practitioner in Intellectual Property: Patent (New York), 2014−2019
  • Law360, Rising Star, 2016
  • Selected to the New York Rising Stars list, Super Lawyers (Thomson Reuters), 2013−2018
  • 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
  • “”IP of Sports,” 32nd Annual Course on Advanced Intellectual Property Law, February 28, 2019 (speaker)
  • “Global Game Change,” IAM’s IPBC Asia 2017 – Maximising Corporate IP Value, October 30, 2017 (speaker)
  • “What’s the Price Tag for Failing to Diversify?” American Bar Association Annual Meeting, August 11, 2017 (panelist)
  • “The Big Deal With Big Data: New Security Tools Are Needed,” Law 360, July 6, 2015 (co-author)
  • “Using Open Source Software: Do’s and Don’ts,” CLE Presentation, November 2013, June 2014 (co-presenter)
  • “Drift of Patented Genetically Engineered Crops: Rethinking Liability Theories,” Texas Law Review, March 2003
  • Manual on Usage, Style & Editing, 9th ed., 2002 (co-editor)