Kyle Mason is a commercial litigator with trial experience. His practice focuses on matters related to complex commercial litigation and appeals, with an emphasis on intellectual property and technology disputes, including patents, trademarks, trade secrets, and software licensing. He has experience advising and representing clients from the technology, energy, construction, manufacturing, and financial services industries in a diverse range of complex business litigation and arbitration matters. Kyle represents these clients in state and federal courts across the country.
Prior to joining Bracewell, Kyle interned for the U.S. Trustee Program at the Department of Justice. He was also a judicial extern for Magistrate Judge Kimberly Priest Johnson of the U.S. District Court for the Eastern District of Texas and a judicial intern for Justice Bill Whitehill of the Fifth District Court of Appeals of Texas. Kyle also worked as a corporate counsel extern for a large oil company.
Recent Notable Matters
BMC Software — following a federal trial, obtained a $1.6 billion breach of contract and fraud judgment on behalf of BMC against IBM
Foro Energy — defended Foro Energy in a week-long federal trial involving the alleged misappropriation of trade secrets relating to the design of an offshore umbilical deployment system and the alleged breach of a non-disclosure agreement. Foro prevailed on all claims.
Hines Interests Limited Partnership — provides outside intellectual property counsel and assists Hines with trademark clearance, prosecution, enforcement, and licensing for various domestic and international brand portfolios
Chemoil Corporation — successfully defended Chemoil Corporation in multiple patent dispute against ProFuel, LLC in the Western and Eastern Districts of Texas. Obtained favorable settlement agreement covering Chemoil’s patent rights to zero-emission Gravity Fuel System utilizing a proprietary float valve prior to trial.
International independent tank storage provider — successfully defended worldwide operator of tank storage terminals in multi-million dollar breach of contract and payment dispute brought by a general contractor hired to construct multiple petrochemical storage tanks at client's facility. Case settled favorably prior to arbitration hearing.
Baker Hughes — successfully defended client in suit brought by German entity to obtain U.S. discovery for use in an international arbitration related to equipment installed in natural gas storage caverns throughout Germany. The application for discovery was denied at the district court level; contributed to appellate briefing in the Third Circuit.
Global distributor of oil and gas tubular products — obtained confidential settlement rooting from breach of contract action against national software reseller and IT infrastructure provider relating to implementation of enterprise resource planning (“ERP”) software
Publications and Speeches
“Life After Lorenzo—The Strained Re-Emergence of Scheme Liability,” Securities Regulation Law Journal, April 1, 2020.
“The ‘Presumption Against Extra(subjective) Territoriality’: Morrison’s Confounding ‘Focus’ Test, The Review of Litigation, November 1, 2019.
“Sabotage by Cabotage: The Jones Act’s Attack on U.S. Energy,” Journal of Business, Entrepreneurship & the Law, July 1, 2019.
“Constitutional Scrutiny of Natural Gas Storage: Why Taxing Temporarily Stored Natural Gas on its Interstate Journey Offends the Commerce Clause, Notre Damage Journal of Law, Ethics & Public Policy, June 1, 2019.