search this site
Klemchuk Kubasta LLP is a business, technology, and innovation focused law firm in Dallas, Texas providing patent, trademark,
trade dress, copyright, and trade secret services, including litigation, licensing, prosecution, and other intellectual property counseling.
JAMES E. DAVIS | PARTNER
Click to contact             Vcard

PHONE
469.587.8452

FAX
469.587.8451
OFFICE
8150 North Central Expy
10th Floor
Dallas, Texas 75206
PRACTICE AREAS



EDUCATION

 

J.D., University of Kentucky College of Law, Lexington, Kentucky, 1987, with distinction

 

Honors:

Recipient, Best Student Publication, Kentucky Law Journal, 1987 

 

Law Review: Kentucky Law Review, Member, 1985-1987 

 

B.S. Accounting, University of Kentucky, Lexington, Kentucky, 1984, with distinction

 

 





PEOPLE
Shannon W. Bates
Kirby Drake
Casey L. Griffith
James E. Davis
Kelly J. Kubasta
Darin M. Klemchuk
Remy M. Davis
Kelsey Weir Johnson
Austin Champion
Todd Basile
Sita Desai


I handle all types of intellectual property disputes, including patent infringement, trademark infringement, copyright infringement, and trade secret disputes.  I also have represented and have counseled clients in commercial litigation for over twenty-two years.  During that time, I have prosecuted and defended virtually every type of commercial claim, including breach of contract, breach of fiduciary duty, corporate and partnership dissolution, fraud, securities fraud, negligent misrepresentation, unfair competition, tortious interference with contractual relations, and business defamation. 

 

I am located in Dallas, Texas but I have represented clients before courts and arbitration panels throughout the United States. I have tried cases to jury verdicts in many Texas counties, including Dallas County and Tarrant County. I also have tried cases to verdict in the United States District Courts for the Eastern, Western, and Northern Districts of Texas. In addition, I have represented clients before numerous appellate tribunals, including the United States Court of Appeals for the Federal Circuit.

Over the years, my clients have included numerous Fortune 500 companies; however, most of my clients today are small to medium-sized companies and individuals who are looking for high-quality legal counsel, timely service, and cost-effective representation. Sometimes, these companies are referred to me by larger firms that cannot work within a smaller company’s budget. Other times, they come to me after they have realized they can no longer afford their current law firm. Most often, they retain me based on my experience and reputation for obtaining good results for my clients.    

I also act as local counsel to out-of-state companies that are sued in Texas courts, including both state courts and the United States District Courts. Often, I work a co-counsel with out-of-state law firms, particularly in connection with patent infringement litigation in the United States District Courts for the Eastern and Northern Districts of Texas. 

 

 

HONORS

“Super Lawyer” 2003, 2004, 2005, and 2006 by Law & Politics Magazine published in Texas Monthly

“AV® Preeminent” (5.0 out of 5) Peer Review Rating by Martindale Hubbell®

SPEECHES AND PUBLICATIONS

"Note, The Exclusive Jurisdiction of the NLRB as a Limitation on the Application of RICO to Labor Disputes," 76 Kentucky Law Journal, 1988 

 

ADMITTED TO PRACTICE

Texas, 1990

Kentucky, 1987 

U.S. District Court, Northern District of Texas

U.S. District Court, Eastern District of Texas 

U.S. District Court, Western District of Texas

U.S. District Court, Eastern District of Kentucky 

U.S. District Court, Western District of Kentucky

U.S. Court of Federal Claims

U.S. Court of Appeals 5th Circuit

U.S. Court of Appeals 6th Circuit

U.S. Court of Appeals for the Federal Circuit

 

PROFESSIONAL HISTORY

Klemchuk Kubasta LLP, 2009-present 

 


SELECT CLIENT REPRESENTATIONS

Defense of a medical transcription company against claims of patent infringement in the United States District Court for the Eastern District of Texas; after claim construction, substantial discovery, and a pre-trial hearing, a settlement was achieved prior to trial

 

Defense of a small manufacturing company in connection with a patent infringement claim in the United States District Court for the Northern District of Texas; after initial discovery, the parties agreed to a settlement in connection with which the client received reimbursement for a portion of the client’s attorney’s fees

 

Representation of designer and manufacturer of pipeless water jets in connection with multiple patent infringement cases against numerous defendants in the United States District Court for the Northern District of Texas

 

Defense of a designer and manufacturer of veterinary equipment against claims of patent infringement in the United States District Court for the Northern District of Texas

 

Defense of a designer and manufacturer of aviary equipment against claims of patent infringement, copyright infringement, and unfair competition in the United States District Court for the Northern District of Texas

 

Representation of designer of medical devices to enforce patents against alleged infringers in cases filed in Texas, California, Colorado, and Florida

 

Defense of artist against claims of trademark infringement and unfair competition in the United States District Court for the Northern District of Texas

 

Representation of photographer in connection with multiple copyright infringement actions against a professional sports franchise; after discovery and motion practice, the parties reached an agreement concerning settlement pursuant to which the photographer received a cash payment

 

Defense of photographer in state court in Oklahoma in connection with claims by rodeo cowboys based on alleged violations of Oklahoma’s right of publicity statute; after discovery, obtained final summary judgment in favor of photographer

 

Representation of web-based provider of air fare data in state court in Dallas in connection with claims of unfair competition and theft of trade secrets

 

Preparation and prosecution of applications to register trademarks with the United States Patent & Trademark Office

 

Enforcement of trademarks on behalf of various clients against infringers in both the state courts of Texas and United States District Courts

 

Representation of clients in connection with opposition and cancellation proceedings before the Trademark Trial and Appeals Board

 

Representation of employers in connection with employment claims, including sexual harassment, racial and sexual discrimination, and whistleblower claims under both Texas and federal law

 

Counseling of start-ups and small privately-held companies on a wide variety of issues, including financing, corporate structure, employment issues, and protection of intellectual property