Barry K. Shelton

Specialty / focus areas. Barry K. Shelton is an Austin-based patent trial and appellate lawyer whose practice centers on electrical engineering and software technologies — processor and computer architecture, software, networks and communication protocols, and semiconductors — plus related trade secret litigation. He is a registered patent attorney (USPTO Reg. No. 43,113) who also handles prosecution, portfolio due diligence, and invalidity/FTO opinions, and he has extensive Section 337 experience before the U.S. International Trade Commission.

Side preference. Shelton is almost exclusively defense-side. His firm biography states he has appeared for defendants in more than 160 patent cases in the Waco division of the Western District of Texas — reportedly more than any other attorney nationally — and his tracked docket history (Dell, HP, Microsoft, VMware, NVIDIA, Aruba Networks, AutoNation) is overwhelmingly representation of operating companies against NPE/PAE assertions. The one tracked appearance in the provided data — Parus Holdings, Inc. v. Microsoft Corporation (W.D. Tex., No. 6:21-cv-00570) — fits that pattern: he served as local counsel for defendant Microsoft. His notable exception is complainant-side ITC work for Select Comfort (Inv. No. 337-TA-971), so he has worked both sides but strongly favors defendants.

Firm context. Shelton is co-founder of Shelton Coburn LLP in Austin. Earlier in his career he held IP leadership roles at large firms — partner and head of the Austin IP group at Pillsbury Winthrop Shaw Pittman, co-chair of IP litigation at Bracewell & Giuliani, partner at Fish & Richardson, and most recently Winston & Strawn — after in-house IP counsel and acting general counsel roles at Wireless Knowledge (a Microsoft/Qualcomm joint venture) and litigation work at Gray Cary Ware & Freidenrich (now DLA Piper).

Notable cases, PTAB/IPR, and credentials. Prominent matters include ITC investigations 337-TA-1193 and 337-TA-1162 (representing Microsoft and HP in touch-screen controller disputes) and lead petitioner counsel for HP in IPR2017-01994, with additional PTAB appointment for HP in post-grant proceedings against Slingshot Printing patents — confirming regular IPR/PGR involvement. He has argued before the Federal Circuit and tried cases to verdict in district courts and the ITC. I could not verify a public outcome in the tracked Parus v. Microsoft case. Education/bar: B.S. (Chapman University), M.S. electrical engineering (San Diego State), J.D. (University of San Diego, 1998); admitted in Texas and California and to the Federal, Fifth, and Ninth Circuits; recognized by Best Lawyers, IAM Patent 1000, and Super Lawyers.