Mellisa R. Smith

I'll research this attorney before drafting.

Note on name and data. The profile name "Mellisa R. Smith" appears to be a spelling variant of Melissa R. Smith (Melissa Richards Smith), partner at Gillam & Smith, LLP, Marshall, Texas (Texas Bar No. 24001351, melissa@gillamsmithlaw.com), who appears in EDTX dockets under both "Melissa R. Smith" and "Melissa Richards Smith." The single tracked appearance in the case list is unnamed and carries no docket detail, so it cannot be characterized on its own; the description below relies on the firm, bar, and public docket record for that attorney.

Specialty / focus. Her patent work is East Texas patent litigation, with a technology mix spanning cellular/4G‑LTE standard‑essential patents (Optis Wireless Technology v. Apple, E.D. Tex. 2:19‑cv‑00066, where the asserted patents were declared essential to LTE), semiconductor device patents (Acorn Semi v. Samsung, 2:19‑cv‑00347), networking and communications hardware (ChriMar Systems/CMS Technologies v. Waters Network Systems), software and development tools (Wapp Tech v. Seattle SpinCo/Micro Focus, 4:18‑cv‑469, in the Sherman Division), electronic payment systems (LML Payment Systems/RE 40,220), and consumer-electronics and mechanical/consumer products. The through-line is courtroom trial work in the Eastern District of Texas rather than a single technical field.

Side preference. The tracked data shows one defendant-side appearance as local counsel, but that sample is clearly incomplete: public dockets show her appearing for both defendants (Apple, Samsung, Microsoft, Google, T‑Mobile/Nokia‑related defense in the Daingean matter) and for plaintiffs (Wapp Tech, ChriMar/CMS, LML Payment Systems, and, in 2026, Rare Breed Triggers/ABC IP v. AS Designs, E.D. Tex. 4:26‑cv‑0370). She is best described as a both-sides, local-counsel trial lawyer for out‑of‑district lead firms — most often the defense side in modern EDTX patent practice, but not exclusively.

Firm context. Gillam & Smith, LLP (303 S. Washington Ave., Marshall, TX) is a small East Texas litigation firm that regularly serves as local counsel in Marshall and Tyler patent cases; her name appears in that capacity alongside national lead firms including Fish & Richardson (Acorn/Samsung), WilmerHale (Optis/Apple), Kirkland & Ellis (named as local counsel in a 2024 matter), and in W.D. Tex. cases such as Patent Armory v. Microsoft (6:23‑cv‑00542). No prior firm history was found in the sources reviewed — search results place her at Gillam & Smith as far back as 2007–2009 (e.g., PA Advisors v. Google, 2:07‑cv‑00480), so any earlier career is unverified.

Notable cases / outcomes. The most prominent verified result is Optis Wireless Technology v. Apple: after a $506M EDTX verdict (Aug. 2020), a $300M damages retrial, and a Federal Circuit vacatur of the infringement finding and damages, she was part of the Apple trial team that won a defense verdict before Judge Gilstrap in the third trial, with the jury finding Optis failed to prove infringement of any asserted patent; she was recognized with WilmerHale's Joseph Mueller and Mark Selwyn as AmLaw Litigation Daily "Litigators of the Week" for that win. She was also on the plaintiff's trial team in Wapp Tech v. Micro Focus, where the jury awarded $172,554,269 in March 2021 — reported as potentially the largest verdict in Sherman Division history — and found willfulness, though Judge Mazzant declined to enhance damages (2021 WL 1574714). Other docket-verified engagements include Acorn Semi v. Samsung, ASUS Technology Licensing v. Samsung (2:23‑cv‑00409), Headwater Research v. Samsung (2:24‑cv‑0228), and Patent Armory v. Microsoft.

PTAB / IPR. No evidence was found that she is a routine PTAB practitioner; her name appears in PTAB records principally through district-court filings and exhibits filed in IPRs (e.g., IPR2025‑01034, IPR2021‑00507), not as a lead petitioner or patent-owner advocate. Treat any IPR practice as unverified.

Bar / education. Admitted Texas, 1997 (per Martindale-Hubbell); also listed as admitted to the U.S. Supreme Court, Fifth Circuit, and the E.D., N.D., S.D., and W.D. of Texas. University of Texas (B.A. 1994); Baylor University School of Law (J.D. 1997). Martindale's profile also lists civil litigation, personal injury, wrongful death, and products liability practice areas alongside patent litigation, and peer reviews describe her as a frequent first choice for local counsel in Marshall and Tyler.