My practice encompasses a wide array of intellectual property, with particular emphasis on patent, trademark, and trade dress litigation and licensing. My litigation experience, advising both plaintiffs and defendants, has included infringement issues involving trademarks/service marks, product trade dress, patents, and copyrights, as well as breach of contract, unfair competition, trade secret, and antitrust issues.
Representing clients whose products and services cover a broad range of industries – including apparel, consumer electronics products, energy exploration devices, medical devices, automotive components, architectural designs, and others – I have substantial experience in Federal Court, both at trial and through appeal, as well as in Texas state court. I have further represented clients in mediations to resolve disputes both before and during litigation.
Also skilled in strategic portfolio management, I advise clients as to the most effective methods of protecting and leveraging their intellectual property assets. In doing so, I have drafted dealer/franchisee agreements, negotiated software development and licensing agreements, constructed Internet e-commerce policies, and resolved domain name disputes through ICANN. I am a registered patent attorney and have prepared and prosecuted both utility and design patents in various fields, including mechanical and electronic devices, industrial equipment, telecommunications, optics, software, and business methods.
PROFESSIONAL ACTIVITIES
Intellectual Property Section of State Bar of Texas:
Chair – Ethics and Unauthorized Practice Committee – 2006-2008
Member – 1997-Present
American Intellectual Property Law Association – 1997-Present
Dallas Association of Young Lawyers – 1997-Present
Advanced Negotiation and Mediator Skills Training (Abrams Mediation) – 2004
Teaching Quizmaster, University of Texas School of Law – 1995-1996
PUBLICATIONS
Co-author, "Proactive Approaches to the IP Licensing Process”, Intellectual Property Licensing Strategies, 2011 ed.: Leading Lawyers on Educating Clients, Drafting Licensing Agreements, and Resolving Disputes (Inside the Minds). (West, Aspatore Books 2010)
ADMITTED TO PRACTICE
State of Texas (1997)
Supreme Court of Texas (1997)
U.S. Patent and Trademark Office (1998)
U.S. Court of Appeals:
Federal Circuit (1998)
Fifth Circuit (2005)
U.S. District Court:
Northern District of Texas (1998)
Southern District of Texas (1999)
Eastern District of Texas (2004)
District of Colorado (2005)
Western District of Texas (2008)
Western District of Michigan (2011)
PROFESSIONAL HISTORY
Klemchuk Kubasta LLP – 2009-present
Sidley Austin LLP – 1997-2005
Hitchcock Evert LLP – 2006-2009
PROFESSIONAL HISTORY
In my spare time, I enjoy spending time with my wife Britnee, my 3-year-old son Jamie, and my infant daughter Averee. I also am an avid college sports fan, an occasional golfer, and a (lapsed) weekend warrior runner and biker. My most recent hobby is attempting to master the art of grilling and smoking on the backyard grill.