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Intellectual Property

Intellectual Property

According to Chambers USA 2018, Bracewell’s Intellectual Property team attracts an "impressive international client base, as well as acting for leading domestic energy, retail and automotive companies," providing a comprehensive approach to intellectual property counselling, including patent prosecution and enforcement, copyrights, trademarks, outsourcing, licensing, technology transfers and joint venture agreements. Bracewell’s IP team includes patent attorneys with technical degrees in chemical, electrical, mechanical, industrial, and architectural engineering, as well as computer science, physics, chemistry, applied math, biology, and industrial biotechnology. Our team also includes lawyers with advanced degrees in electrical engineering, chemistry, pharmacology, and business. Prior to joining the firm, many of our lawyers built highly successful careers at research institutions, regulatory agencies, and major public and private companies.

This combination of technical, business and legal experience gives our lawyers an in-depth, first-hand understanding of our clients’ needs. We also advise clients with regard to the registration and protection of other intellectual property rights through trademarks, service marks, trade names, trade dress, copyrights, trade secrets, and other proprietary information. We work closely with attorneys throughout the firm to provide intellectual property solutions in connection with company formation, mergers and acquisitions, dispute resolution and litigation, audits, due diligence, and other business concerns.

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Cyber preparedness is necessary to mitigate the risk arising from a cyberattack. With the proliferation of e-commerce, electronic record keeping, and improved data collection techniques, the incidence of cyber intrusions have increased such that it is not a question of whether a data breach for any given system will occur, but when. Twenty-first century data breaches involve sophisticated attacks on the network and information systems which underpin modern commercial and corporate activities for companies of all sizes. This malicious activity affects all types of entities including retail companies, financial institutions, investment advisors, energy companies, governmental agencies and other commercial or business ventures. 

At Bracewell, we work with our clients to develop and implement individualized privacy solutions that enable our clients to stay compliant with regulations throughout the US and globally. We counsel clients from the development of their compliance program through a security breach. We work with all departments, including compliance, human resources, security, information technology, and legal to ensure that privacy solutions meet our client's overall organizational needs. Our team's cross-practice approach means that we are thinking about privacy across different industries and in different contexts. 

Our team of intellectual property lawyers leverages its technical and industry knowledge to file, prepare, prosecute and enforce patents and protect the core interests of our U.S. and international clients’ businesses. Our established practitioners navigate the United States Patent and Trademark Office (USPTO) process as advocates and regularly collaborate with intellectual property and general practice firms across the world for managing and enforcing our clients’ intellectual assets abroad. Our team includes numerous former USPTO examiners, who bring a detailed understanding of the prosecution process and its challenges. We have experience with all post-issuance proceedings: inter partes review, post-grant review, and covered business methods We also handle appeals before the Patent Trial and Appeal Board (PTAB). 

Bracewell’s technology transactions practice is known for leveraging deep industry experience to advise in connection with technology-related legal issues. Our practice group is dedicated to commercial transactions driven by technology. Our goal is to create effective business advantages for our client and protect intellectual property from infringement, while maximizing the return on the intellectual property investment. We represent cutting-edge technology clients, as well as technology investors. We structure, draft and negotiate complex and sophisticated joint ventures, strategic alliances, asset sales and spinouts, manufacturing and supply agreements, OEM, distribution and reseller agreements, joint marketing and collaboration research agreements.  Our technology specific experience includes substantial work with clients in the following industries:  biotechnology, clean technology, communications, e-commerce, life science and health care, medical devices, renewables and alternative energy, semiconductors, social media and games, and software. We also protect clients’ intellectual property rights in development agreements, research agreements, confidentiality agreements, trade secret and know-how agreements, and employment and consulting agreements.  Technology transactions can access a vast range of disciplines, and Bracewell has the resources to handle every aspect of a complete transaction in a well-coordinated manner.

Bracewell’s trademark lawyers use personal insights drawn from experience working in-house to counsel clients on every aspect of U.S. and international brand protection. Chambers USA 2016 applauds our “strong clearance, prosecution and enforcement capabilities,” and clients tell Chambers USA we are particularly known for counseling on “branding and advertising issues related to product launches,” and for assisting those in the technology, media, retail, telecommunications, finance, and energy industries. We have marked experience in high-volume searching and clearance, as well as high-volume prosecution. Our lawyers also help clients develop trademark enforcement programs, which focus on the identification and elimination of trademark infringement with a minimum of expense. Our practical experience includes reviewing proposed new brands and advertising campaigns to ensure maximum protection against trademark infringement and  false advertising claims; advising clients on cutting-edge Internet issues relating to trademarks, unfair competition, false advertising and copyright infringement on the Internet; and assisting clients with designing programs to prevent counterfeiting. Our lawyers have significant experience in litigating trademark matters before the Trademark Trial and Appeal Board and federal courts across the U.S. In addition, we regularly assist clients with international infringement matters in administrative bodies and courts around the world.

Experience

Recent Notable Matters

Saudi Aramco over 4,000 patent prosecution matters related to upstream and downstream oil technologies as well as drilling equipment, polymers, chemicals, medical, instruments, nanotechnology and robotics

Baker Hughes prepare and prosecute patent applications before the USPTO, while also providing direction to foreign patent counsel who handle matters overseas; prepare opinions including patent infringement, freedom to operate, patentability and patent validity and serve as IP counsel for litigation matters

The largest low-cost airlinestructuring and negotiating agreements for outsourcing services, cloud offerings, software and other high technology

HTC Corporation Trademark clearance support for all new mobile devices including cutting-edge virtual reality headset and features, as well as providing counsel and supported the launch of the company’s first multi-million dollar global advertising campaign. Recently won a ruling entitling HTC to recover $1.5 million in fees based on the exceptional nature of the case.

Xiaomi trademark clearance for China’s largest smartphone company’s prospective entrance into US market

Lockheed Martin Corporation drafting and prosecuting patent applications for aeronautical and aerospace improvements in addition to appeals to the Patent Trial and Appeal Board (USPTO), post grant activities, opinions and litigation support and counseling

Fortune 500 Companies US and foreign-based clients on compliance with GDPR, assist in developing documentation required for GDPR, and work with clients to develop GDPR compliant policies and procedures, including policies and procedures for managing communications, employees, and third party contracts

Matlin & Partners Acquisition Corporation — drafting of an information security policy and an incident response plan for the publicly traded special purpose acquisition company (MPAC), in business combination with U.S. Well Services, LLC (USWS). Pursuant to a merger and contribution agreement, USWS will combine with MPAC to become a publicly listed company with an anticipated initial total enterprise value of approximately $588 million.

Apache Corporation — multiple intellectual property matters including injunction identification, patent application, clearance, prosecution, enforcement, outsourcing, data privacy, trademark clearance, prosecution and enforcements

Marubeni-Itochu Tubularsstructuring and facilitating technology agreements and transactions, as well as patent prosecution and IP related matters

Toshiba Corporation defense of various Toshiba entities in patent infringement litigations filed across the county including current pending matters California (Central District) and Utah, and representation before the Patent Trial and Appeal Board

NCI Group, Inc. trademark counseling and prosecution for the company’s engineered metal building systems

Tetra Technologies advisor for the strategic development of the company’s core technology portfolio, prepare and prosecute patent applications and the enforcement of trade secrets

Opportune LLPgeneral trademark prosecution and counseling for the leading global energy consulting firm

BJ Services Company advise on a high-volume of trademark clearance and prosecution related matters as the company develops and launches a multitude of new products in the US and Canada

Texas Biomedical Research Institute structuring and facilitating technology agreements and transactions, as well as patent applications as their scientists and researchers target advances in the fight against a host of other infectious diseases

Big Fish Games defense in patent infringement litigations in ED Texas, Nevada, and WD Wash;  in all three cases, won motions to dismiss invalidating plaintiff’s patents under 35 USC 101 (11 patents in total); currently defending two appeals before the Federal Circuit

RTIC Coolers, LLC favorable settlement of claims of patent infringement, trademark and trade dress infringement filed by Yeti Coolers, LLC lawsuit filed

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