Derek Tod Gilliland

Derek Tod Gilliland, now a U.S. Magistrate Judge for the Western District of Texas (Waco Division) since late 2021, previously maintained a robust patent litigation practice primarily focused on representing plaintiffs in complex technology disputes. His litigation experience encompassed a range of technology areas, including financial services and digital transaction systems, as demonstrated by his lead counsel role in DataTreasury Corporation v. Fiserv, Inc., which centered on patents related to digital check imaging and clearing. He also handled cases involving broader software and technology patents, representing entities such as Profectus against Google and Ikorongo against Samsung.

During his tenure as a litigator at Nix Patterson & Roach, Mr. Gilliland primarily represented plaintiff-side interests, including non-practicing entities (NPEs) and those described as "hedge-fund backed NPEs." While the provided case data shows one plaintiff and one defendant role, his publicly documented patent litigation career prominently features his work for patentees.

A notable case, DataTreasury Corporation v. Fiserv, Inc., saw Mr. Gilliland as lead counsel for the plaintiff. Although DataTreasury had reportedly collected over $350 million in licensing fees from previous defendants in this patent campaign, the patents asserted against Fiserv were ultimately invalidated through parallel PTAB proceedings, leading to the dismissal of the district court litigation. He also represented Profectus in a patent infringement lawsuit against Google, where a jury found no infringement. In another instance, representing Ikorongo against Samsung, venue manipulation tactics employed in the litigation were later rejected by the Federal Circuit as "collusive," "artificial," and "manipulative."

While direct involvement in PTAB proceedings is not extensively detailed for his attorney practice, the impact of such proceedings was significant in cases he handled, as evidenced by the DataTreasury outcome. Prior to his judicial appointment, Mr. Gilliland was a practicing lawyer in Texas, operating out of Tyler in the Eastern District of Texas.