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Eliot J. Walker

In Memoriam July 14, 1980 – July 2, 2017


kiermont Derby is saddened to announce the passing of our friend and colleague, Eliot Walker, following a valorous battle with cancer. Eliot’s humor, tenacity, and bravery have left an indelible mark on each member of Skiermont Derby and the firm as a whole. His loss represents a void that will remain unfilled.


s a trial and appellate litigator on complex patent and commercial litigation, Eliot was second to none. He served as a sounding board, a mentor, and a valuable teammate on every matter and every client he represented. But what makes Eliot different from so many is how much he cared about each client. He forged relationships that were exemplary of what Skiermont Derby believes crucial to success.

It was not just the members of Skiermont Derby that held Eliot in high regard. Eliot was been named a “Rising Star” by Super Lawyers, placing him in the top 2.5% of Texas attorneys under 40 and Dallas Association of Young Lawyers (DAYL) recognized him as “One to Watch.”

Examples of Eliot’s character extended beyond just his clients. He was also an active member of the Dallas legal community. Eliot was a leading steering committee member of DAYL’s 2012 Leadership Class project, coordinating a charity event benefiting public schools in Dallas’s southern sector in conjunction with Mayor Mike Rawlings’ “GrowSouth” initiative. Eliot also had an active pro bono practice, including the provision of legal aid to unaccompanied alien minors arriving at Texas’s border.

During his career, Eliot’s experience spanned all phases of trial and appellate practice, across multiple practice areas. At Skiermont Derby LLP, Eliot managed patent infringement matters on behalf of both patent owners and accused infringers. Eliot also managed complex commercial litigation matters, both on behalf of plaintiff and defendant. Eliot had first chair jury-trial experience and delivered oral argument before the U.S. Court of Appeals for the Federal Circuit. Prior to joining SKIERMONT DERBY LLP, Eliot represented AstraZeneca Pharmaceuticals in nationwide products liability litigation. Eliot also had significant experience in commercial and financial services litigation, including the representation of Comerica Bank in multi-district federal class action litigation.

Representative Matters

AerReach & Principal Aviation Group v. Stanford & United Technologies Corp. et al. (Dallas County District Court)

Represent United Technologies Corp., d/b/a Pratt & Whitney, in pending complex commercial litigation concerning claims for the alleged breach of contractual and fiduciary duties regarding sales of aircraft technology.


Packet Intelligence v. NetScout & Sandvine (E.D. Tex.)

Represent patent-owner Packet Intelligence in pending patent litigation in the field of computer networks.


Ashford Hospitality Prime, Inc. et al. v. Sessa et al. (N.D. Tex. & Dallas County District Court)

Represent Sessa Capital (Master), L.P. and related entities in multiple pending shareholder disputes.


Andrulis Pharms. Corp. v. Celgene Corp. (District of Delaware)

Represented Andrulis Pharmaceuticals Corporation in patent infringement litigation against Celgene Corporation, concerning patented method for combination chemotherapy.


Spherix Inc. v. VTech Telecom. Ltd., VTech Comms., Inc., Uniden Corp., & Uniden America Corp. (Northern District of Texas)

Represented Spherix Inc. in patent infringement litigation against VTech and Uniden concerning foundational cordless telephone technology originating at Nortel.


Laboratoire HRA Pharma v. Teva Pharms. USA, Inc. (District of Delaware)

Represented HRA Pharma in ANDA patent litigation against Teva Pharms. concerning birth-control medication.


GlobeTecTrust, LLC v. West IP Communications, Inc. (District of Delaware)

Defended West IP in patent infringement lawsuit asserting a patent formerly owned by British Telecommunications PLC.


In re Checking Account Overdraft Litigation (MDL 2036) (Northern District of Texas; MDL Southern District of Florida; Eleventh Circuit Court of Appeals)

Represented Comerica Bank in class action litigation concerning consumers’ claims for restitution of allegedly wrongful overdraft fees.


In re Seroquel Products Liability Litigation (MDL 1769) (District of Massachusetts; MDL Middle District of Florida)

Represented AstraZeneca Pharmaceuticals against nationwide product liability claims concerning the atypical antipsychotic Seroquel. Successfully obtained defense summary judgment on all claims asserted by plaintiffs’ lead bellwether case.


Unishippers Global Logistics v. DHL Express (District of Utah)

Represented DHL Express in breach of contract litigation, successfully obtaining jury verdict of no damages for plaintiff’s claims for $13 million in alleged “overcharge” damages.


McWilliams v. Trustmark National Bank (Harris County District Court)

Represented Trustmark National Bank in breach of contract action.


In re Vioxx Products Liability Litigation

Represented pharmaceutical company in various consolidated mass-tort actions concerning the drug Vioxx.

Speaking Engagements, Presentations, and Publications

Cicero On Legal Advocacy, LAW 360, Jan. 28, 2016.

“Predictive Coding” Arrives: Automated Document Review System May Significantly Reduce Litigation Expenses in Complex Cases, KRCL LITIGATION ALERT, June 4, 2012.

Simultaneous Trials Bring New Challenges to New Jersey Courts, N.J. LAWYER MAGAZINE, Aug. 2011, at 51.

The Food Safety Modernization Act: A Review of the Act and Its Potential Impact on Private Litigation, BNA PRODUCT SAFETY & LIABILITY REPORTER, Jan. 31, 2011.

In the Mix: FDA and Caffeinated Alcoholic Drinks, LAW 360, Nov. 22, 2010.

Asylees in Wonderland: A New Procedural Perspective on America’s Asylum System, 2 NORTHWESTERN JOURNAL OF LAW AND PUBLIC POLICY 1 (2007)

Safe Harbor: Is Clark v. Martinez the End of the Voyage of the Mariel?, 39 CORNELL INTERNATIONAL LAW JOURNAL 121 (2006),

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