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Software, Technology and Telecommunications

Our clients in the software, technology and telecommunications industries rely on us for representation in commercial litigation, including intellectual property litigation, and class action law suits.

These clients additionally rely on us for the protection and commercialization of their intellectual property. We are experienced in assisting our clients in purchasing, selling, developing, and licensing technology.  We counsel and advise early stage and growth-oriented technology owners and developers in licensing their proprietary technology, in evaluating and negotiating development and joint venture agreements, and in protecting their ownership rights.

Representative Litigation Matters

  • Obtained a unanimous jury verdict for a telecommunications company in a case involving claims for breach of contract, deceptive trade practices, fraud and negligent misrepresentations and successfully upheld the verdict on appeals through the Texas Supreme Court level.
  • Representing telecommunications companies in litigation regarding damages to underground facilities.
  • Representing telecommunications companies in litigation regarding access to rights of way and eminent domain issues.
  • Represented a major telecommunications company in a lawsuit alleging software defects, resulting in a summary judgment in favor of our client on some issues prior to trial and a settlement in favor of our client on other issues during the jury trial of the case.
  • Defended an international corporation against a million dollar breach of contract suit involving electronic component inventory.
  • Represented a major telecommunications company in extensive state and federal court litigation involving the interpretation and constitutionality of municipal fee agreements and ordinances and obtained a favorable judgment on behalf of the company against.
  • Obtained a summary judgment of non-infringement on behalf of an inmate telecommunications provider in litigation involving telephone equipment patents and successfully upheld the summary judgment at the Federal Circuit.
  • Obtained a favorable settlement on behalf of an inmate telecommunications provider following a five week jury trial in a case involving our client’s alleged wrongful termination of a patent license agreement involving 15 telecommunications equipment and software patents.
  •  Obtained a favorable settlement for a design patent holder against Shell Oil in a declaratory judgment action brought to invalidate patents.
  • Representing a hospital system in defense of patent infringement claims relating to patents for medical imaging storage methods.
  • Obtained a favorable settlement after obtaining a temporary injunction preventing interference with customer contracts based on alleged infringement of identification verification software copyrights.
  • Obtained an injunction requiring return of company domain name in ongoing litigation.

Representative Transactional Matters  

  • Advising clients on their rights to license, own, use, and protect proprietary technology, intellectual property, and celebrity rights of publicity; prepare and negotiate agreements governing the license, development, manufacture, and sale of products containing proprietary technology, trademarks, celebrity likenesses, content, and digital rights
  • Counseling clients on Internet law issues, including current legislation governing privacy rights, Federal Trade Commission (FTC) enforcement of the Children’s Online Privacy Protection Act (COPPA), and the CAN-SPAM Act; prepare and negotiate web hosting, development, subscription, and web-based license agreements, and Internet user terms and privacy policies
  • Prparing and negotiating commercial manufacturing, supply, and procurement agreements.
  • Counseling clients on consumer product warranties, owner manuals, and related materials for FTC compliance.