- Manufacturing & Transportation
- Intellectual Property
- Intellectual Property Litigation
- Mergers & Acquisitions
- Technology & E-Commerce
- Trademarks & Copyrights
- Information Governance
|Contact Info||Telephone: 512.703.5798|
|University ||University of Texas at Austin, B.A., cum laude, 1985|
|Law School||University of Texas at Austin School of Law, J.D., 1988|
|Admitted||1988, Texas; 2011, U.S. District Court, District of Colorado; 2008, U.S. District Court, Eastern District of Texas; 2010, U.S. District Court, Northern District of Texas; 1996, U.S. Supreme Court; 1989, U.S. District Court, Western District of Texas; 1998, U.S. Court of Appeals, Federal Circuit; 1995, U.S. Court of Appeals, Fifth Circuit; 1997, U.S. District Court, Southern District of Texas|
Professional Associations and Memberships
•Austin Intellectual Property Lawyers Association
•State Bar of Texas, Computer Law Section; Labor and Employment Section; Intellectual Property Section, Trademark Committee
•Travis County Bar Association, Labor and Employment Law Section, Technology and Computer Law Section
•University of Texas Technology Law Conference, Planning Committee, 2012-present
Albert is an intellectual property attorney on Husch Blackwell's Technology, Manufacturing & Transportation team. He advises clients concerning the licensing, development, ownership and protection of intellectual property assets, such as software, trademarks, trade secrets, patents and domain names, as well as corporate merger, acquisition and joint venture agreements relating to their sale or transfer. He prosecutes trademark applications before the U.S. Patent and Trademark Office and handles trademark disputes at the Trademark Trial and Appeal Board. Albert also handles litigation relating to the ownership, use and infringement of all forms of intellectual property, with an emphasis on patent litigation. Recent work on behalf of industry clients includes:
•Representing a machine vision software company that provides global custom software development services to national and international clients.
•Advising a prominent online retailer of optical products and equipment concerning the branding and launch of its new practice management and electronic health records platform.
•Defending a national ceiling fan and lighting manufacturer in various proceedings alleging patent infringement across the country.
Before joining Husch Blackwell, Albert practiced with Brown McCarroll.
Awards and Recognitions
•Martindale-Hubbell AV Preeminent
•Concordia University Texas, Board of Regents, 2007-present; vice chair, 2011-2014; chair, 2014-present
•Greater Austin Hispanic Chamber of Commerce, Board of Directors, 1998-2002
•Leadership Austin, Class of 2006
•Advised a Texas-based technology company in the sale of its intellectual property and other assets valued at more than $25 million.
•Represented the purchaser of group of Florida companies that possessed intellectual property rights in web-based software products for the insurance industry.
•Advised an eastern Texas multispecialty clinic on technology transfer matters in the sale of its operations to a national healthcare system.
•Represented the owner of an online business in the formation of a new company with a new partner to revamp and update the services offered by the business.
•Defended an English company in a patent infringement lawsuit filed by a Texas corporation seeking $12 million in damages and an injunction. The jury rendered a largely favorable verdict that rejected the primary claims against client and entered a minimal infringement and damages finding. The federal circuit subsequently vacated the adverse infringement verdict, ruled plaintiff's certificate of correction had prospective application only and remanded the case for determinations regarding patent invalidity and judgment as a matter of law rulings. The case settled after remand
•Prosecuted a lawsuit on behalf of a trademark owner in the study abroad industry against a competitor over the latter's use of a confusingly similar name. Reached a settlement whereby the competitor agreed to change its name, agreed to the entry of a permanent injunction to keep it from using the similar name and paid damages to client.
•Represented a trade secret owner in a lawsuit filed against a local university over the unconstitutional taking of its trade secrets. The jury found in favor of client and awarded $12 million in damages.
•Represented a trademark owner in an Internet Committee for Assigned Names and Numbers (ICANN) proceeding to prohibit use of domain names that would have infringed its trademark. The National Arbitration Forum found in favor of client and transferred ownership of the domain names.
•Defended a large, publicly traded company involved in electronic payment systems in a patent infringement lawsuit in federal court in Austin, Texas. The case was settled favorably after the judge granted client's motion to dismiss.
•Defended a telecommunications company and its principals in a lawsuit brought by a Singapore telecommunications company alleging breach of contract and theft of trade secrets. Obtained a dismissal of all claims without payment of any money to the plaintiff.
•Defended a California-based startup company against patent infringement and misappropriation of trade secret claims relating to CMOS power amplifier used in cell phones. After a two-week trial, the jury found in favor of client on 35 of the 36 submitted claims and awarded no damages. The judge entered a take-nothing judgment on the merits in favor of client.
•Defeated an attempt by a competitor of client physician to keep him from using descriptive domain name and to transfer the domain to the competitor. The ICANN decision denied the relief sought by the competitor and refused to transfer the domain name.
•Defended a multistate restaurant owner in a patent infringement lawsuit filed in U.S. District Court, Eastern District of Texas. Obtained dismissal of case, with nominal settlement.
•Represent a large telecommunications company in the clearance and registration of its trademarks and the maintenance of its trademark portfolio.
8.09.14 “Five Ways to Protect Your IP Rights When Outsourcing,” Texas CEO Magazine
Technology, Manufacturing & Transportation Article
3.04.14 ED. Tex Adopts Alternative “Track B” Case Management Order
Technology, Manufacturing & Transportation Blog
8.27.13 “First Sale” Doctrine Applies to Copyrighted Works Lawfully Made Abroad
Technology, Manufacturing & Transportation Blog
5.15.13 RISE Week 2013: Agreements Investors want to see before Investing in your Software Company
4.01.12 The Impact of Technology on Communications: Preserving the Attorney-Client Privilege and Avoiding Litigation
3.01.12 Strategies for Building Your Brand
1.01.12 You Want Me To Pay For What? Protecting Yourself with Indemnity Clauses in the Game Industry, Entertainment Consumers Association
3.01.11 Trademarks: Selecting and Protecting Your Brand
9.01.04 Key Considerations in Preparing a Software License Agreement
1.01.03 Overview of Basic Trademark & Copyright Matters
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