John Saba

Education

  • Trinity University (B.S. Bus. Admin.1996)
  • St. Mary’s University School of Law (J.D. 2002)
  • St. Mary’s Law Journal, Board Member (Comment Editor, 2002)

Bar & Court Admissions

  • Texas
  • The U.S. District Courts for the Western, Eastern, Northern and Southern Districts of Texas

Awards & Recognitions

  • Super Lawyers, published by Thomson Reuters, 2020-present
  • Rising Stars, published by Thomson Reuters, 2009

Publications & Presentations

  • Texas Legislature Goes Phishing: The New Anti-Phishing, 68 Texas B.J. 706 (2005)
  • eProclamation: No More Spam in Texas, 66 Texas B.J. 660 (2003)
  • Internet Property Rights: eTrespass, 33 St. Mary’s L.J. 367 (2002)

John Saba

partner
512.960.4438  /  john@wittliffcutter.com  /  vCard  / 

John Saba has over two decades of experience as a Texas trial lawyer. He has successfully tried nearly a dozen jury trials to verdict in federal and state courts and tried multiple high-stakes arbitration matters to resolution. John leads Wittliff Cutter’s Intellectual Property Litigation Team, which focuses on patent litigation before Texas federal courts. He also litigates complex commercial litigation matters, business disputes, and trademark/copyright/trade secret claims.

In 2021, John won a patent case in the U.S. District Court for the Eastern District of Texas that was among the Top 50 Texas Jury Verdicts of the year. He assists WC’s clients in all phases of IP litigation, whether arguing a Markman hearing, drafting invalidity or infringement contentions, or handling trials based on the merits. John also maintains an active trademark and copyright litigation practice.

John is an equally accomplished commercial litigator who represents clients in a wide variety of commercial disputes involving business torts, financial and corporate fraud, real estate, partnership and corporate ownership and operation, fiduciary duty obligations, and contractual and licensing disputes. He has also represented companies and individuals in trade secret, non-competition, and non-solicitation litigation.

John is consistently recognized on the annual Texas Super Lawyers list by Thomson Reuters based on his work in IP litigation. He teaches law students trial advocacy skills for the Honorable Judge Alan Albright’s Intellectual Property Trial Advocacy Class at The University of Texas School of Law. Prior to entering private practice, John served as a prosecuting attorney in the Texas Attorney General’s Cyber Crime Unit. Before starting his legal career, he worked in the technology industry as a data network consultant for Lucent Technologies. When not practicing law, John plays music with his band, San Saba County, which recently performed at Austin’s famed South-by-Southwest Music Festival. John loves flying, making music, and martial arts (in that order).

  • Wittliff Cutter, PLLC, Partner, 2016-present
  • Represented both plaintiffs and defendants in a variety of multimillion-dollar patent infringement lawsuits before the U.S. District Courts
  • Successfully obtained a top 50 jury verdict in Texas in 2021 on behalf of a plaintiff in a patent infringement lawsuit against a large global technology manufacturer.
  • Successfully defended a software company regarding a licensing and complex software implantation dispute.
  • Successfully obtained a winning defense jury verdict on behalf of a publishing client accused of trade secret misappropriation and breach of a non-compete by a competitor. 
  • Represented a large commercial real estate developer firm in a multiyear, multimillion-dollar business dispute in Travis County District Court, State of Texas.
  • Successfully defended a large-residential home builder against copyright infringement claims for millions of dollars in the U.S. District Court for the Western District of Texas in multiyear litigation.  
  • Represented a large, privately held company as a claimant in FINRA arbitration proceedings, concluding with a one-week arbitration hearing.
  • Represented a large commercial rancher/landowner as defendant/counter-plaintiff in litigation against multiple large mining and electric utility companies. Defended client from breach of contract claims and prosecuted claims for breach of lease, trespass, and negligence. The dispute involved coal ash contamination from a lignite mine and involved dozens of witnesses across the multiple parties, including approximately 20 testifying experts across the parties. The case was successfully resolved after multiple years of litigation. 
  • Successfully represented a media company seeking a preliminary injunction against a competitor for Lanham Act violations in the U.S. District Court for the Western District of Texas.
  • DiNovo Price Ellwanger & Hardy (Austin, Texas), Partner 2015-2016, Associate 2011-2015. Patent Litigation and Complex Commercial Litigation.
    • Represented clients in a variety of multimillion-dollar patent infringement lawsuits before multiple U.S. District Courts nationwide.
    • Represented clients in a variety of copyright and trademark matters in U.S. District Courts across the country.
    • Obtained a successful arbitration award for a large commercial rancher/landowner as a plaintiff in an approximately month-long arbitration against a large oil and gas company for damages to land.
  • Prichard Hawkins McFarland & Young (San Antonio, Texas), Associate 2008-2011. Complex Commercial Litigation.
    • Represented a technology company in a multiweek jury trial in Dallas County concerning a software license and implementation dispute.
    • Represented a technology start-up company in a week-long jury trial in Bexar County against an investor.
    • Represented clients in a variety of business disputes and product liability actions.
  • Office of the Attorney General of Texas (Austin, Texas)—Honor’s Program: Associate Attorney General 2002-2007.
    • Cyber Crimes Unit (Criminal) (2002 –2005)
      Prosecuted internet crimes involving hacking, identity theft, child pornography, and “internet travelers” (online enticement) with the completion of four jury trials to verdict; drafted subpoenas, search warrants, appellate briefs, and memos.
    • Internet Enforcement Unit (Civil) (2005-2007)
      Investigated and filed lawsuits for internet-related violations involving the federal CAN-SPAM Act, Texas Anti-Spyware Act, Texas Anti-Phishing Act, Texas Deceptive Trade Practices Act, and privacy laws; conducted governmental investigations.

Prior to Law School

  • Lucent Technologies (Dallas, Texas), Data Network Consultant (1996-1999)
    • Managed multimillion-dollar voice and data network implementations for large companies; designed and configured network technologies and infrastructures.

Education

  • Trinity University (B.S. Bus. Admin.1996)
  • St. Mary’s University School of Law (J.D. 2002)
  • St. Mary’s Law Journal, Board Member (Comment Editor, 2002)

Bar & Court Admissions

  • Texas
  • The U.S. District Courts for the Western, Eastern, Northern and Southern Districts of Texas

Awards & Recognitions

  • Super Lawyers, published by Thomson Reuters, 2020-present
  • Rising Stars, published by Thomson Reuters, 2009

Publications & Presentations

  • Texas Legislature Goes Phishing: The New Anti-Phishing, 68 Texas B.J. 706 (2005)
  • eProclamation: No More Spam in Texas, 66 Texas B.J. 660 (2003)
  • Internet Property Rights: eTrespass, 33 St. Mary’s L.J. 367 (2002)