Practice Areas & Industries: Beirne, Maynard & Parsons, L.L.P.

Practice/Industry Group Overview

Our lawyers have provided litigation and dispute resolution counsel to clients involved in a wide range of advanced technology applications, including biotechnology and pharmaceuticals, medical devices, wireless telecommunications devices and services, computer hardware and software, Internet applications, and electronic communications products and services. Much of our work involves intellectual property disputes relating to:

• Patent and trademark disputes
• Defense of trade secrets and non-compete agreements
• Licensing disputes
• Protection of domain names

We have also litigated numerous products liability and product defect claims in defense of technology clients.

All our work for technology clients requires in-depth understanding and presentation of complex product design and scientific issues in ways that are easily understood in the courtroom. We pride ourselves on the ability to vigorously defend our clients against plaintiffs' appeals to emotion and pseudo-science. The following illustrations show the range of technologies and issues in which we have been involved.

Medical Devices

Our attorneys use extensive engineering and scientific analysis, timely litigation strategy and tactics, and effective motion and trial techniques for products liability defense of manufacturers of heart valves, implants (ranging from silicone breast implants and orthopedic implants to devices for treatment of urinary incontinence) and other complex medical technology, methods, and devices.

Biotechnology

Our lawyers have served as national counsel to a diverse publicly traded biotechnology company, representing them at trial and arbitration and in all litigation in foreign jurisdictions. Our work includes the selection of local counsel and coordination with senior management and the board on litigation strategies. In one complex matter, we secured a settlement for our client in two complex arbitration proceedings in which two major pharmaceutical companies were adverse parties. At issue was whether our client had development rights to a new line of drugs, or what compensation was due if the three companies did not share those rights.

Pharmaceuticals

We are regional counsel to several major pharmaceutical manufacturers in ongoing products liability litigation involving prescription drugs, vaccines, and other pharmaceuticals used in the treatment of:

• Diabetes
• Polio
• Depression
• Erectile dysfunction
• Hormone deficiency
• Arthritis

These cases involve allegations of everything from improper labeling to wrongful death. We have handled hundreds of these matters in courts throughout Texas and the United States.

Internet

• Represented an Internet company following an adverse judgment in a case involving mutual allegations of breach of contract. As a result of our efforts, the court granted our client a new trial.
• Defended an Internet domain name broker in a case involving Lanham Act and related claims over the registration of a domain name, resulting in summary judgment.
• Represented a developer of e-commerce software in intellectual property litigation.

Wireless Telecommunications

• Represented a major national wireless service provider in a multi-million dollar class action brought by roughly 12,000 wireless phone users who alleged wrongful termination of phone service. Our lawyers negotiated and obtained court approval for a settlement of the case.
• Represented the leading manufacturer of wireless hand-held communications modems in a licensing dispute.

Electronic Systems

We have represented both manufacturers and installers of electronic systems in construction defect disputes. For example we represented one of the oldest and largest electrical contractors in Houston in a dispute with a global technology company hired for a telecommunications cabling and upgrade project at the NASA Johnson Space Center facility in Clear Lake, Texas. Our client claimed it had not been paid for work performed and sued for fraud and breach of contract. The technology company filed a counterclaim alleging it had terminated our client for defective and incomplete work. Following trial the court issued a judgment and memorandum of opinion in favor of our client.

We also defended a manufacturer of clock and intercom systems when the company that installed those products in several schools sued, claiming breach of contract and product defect when the systems malfunctioned. We alleged bad installation and asserted a sworn account counterclaim. The matter subsequently settled.