Mr. Fenton provides legal services to clients in matters relating to patents, trademarks, trade secrets, and copyrights. He aids clients in acquiring and litigating those rights. Mr. Fenton’s technical background in electrical and computer engineering spans software engineering; digital circuit design, simulation, and testing; computer networking; computer architecture; and systems benchmarking.
In federal courts in Texas and across the country as well as before the International Trade Commission and the Patent Trial and Appeal Board, Mr. Fenton litigates patent disputes involving a wide range of technologies, from mobile devices, business methods, software systems, medical devices, and consumer products. He represents both companies seeking to enforce their intellectual property rights and those accused of violating the rights of others. He has represented joint defense groups before federal courts and including at oral argument. He has taken depositions to develop the factual record to uncover bases and weaknesses of expert positions. He has prepared and defended individual, corporate, and expert witnesses.
Mr. Fenton prepares and prosecutes patent and trademark applications with the United States Patent and Trademark Office covering a broad spectrum of companies and technologies.
Let’s Gel, Inc. v. Louis Vuitton (W.D. Tex.) – represent corporate plaintiff in suit to declare activities free and clear of trademark infringement claims
Network Signatures, Inc. v. multiple defendants (N.D. Cal. and Federal Circuit) – represented corporate defendants against a non-practicing entity with license to Navy patent; patent covers cryptography techniques applied to network data; obtained dismissal after patent found invalid in reexamination.
James M. Taylor v. International Business Machines Corporation (E.D. Tex.) – represented corporate defendant; patent covers systems and methods relating to software optimization.
Oracle America, Inc. v. Google Inc. (N.D. Cal.) – represented corporate defendant on patent issues; plaintiff originally asserted seven patents; jury found no infringement on either of the two patents asserted at trial; responsible for invalidity attack against four patents covering system security techniques and memory management including responsibility for ten expert reports by four technical experts; responsible for non-infringement defense against claims of five patents; responsible for preparing technical experts for deposition and trial testimony.
Reshare Commerce LLC v. State Farm Mutual Automobile Insurance Company (D. Minn.) – represented corporate defendant dismissed after successful claim construction arguments precluded infringement; patent covers systems and methods for retailer compensation.
TQP v. Alianz Life Insurance Company of North America et al. (E.D. Tex.) – represented corporate defendant; patent covers methods of securing communications over a network; obtained voluntary dismissal of all claims without condition.
DietGoal Innovations LLC v. Tyson Foods, Inc. (E.D. Tex.) – represented corporate defendant and joint defense group as lead counsel on claim construction; patent covered systems and methods relating to dieting and meal planning; case dismissed after all claims found invalid as directed to unpatentable subject matter.
In re Phoenix Licensing LLC Litigation (D. Ariz., Judicial Panel on Multidistrict Litigation, E.D. Tex.) – represented financial services company in preemptively suing to invalidate three business method patents and defended against a multi-million dollar patent infringement claim; patents cover systems and methods for marketing financial services products; obtained favorable settlement prior to the opening of discovery.
In the Matter of Certain Self-Cleaning Litter Boxes and Components Thereof and related litigation (International Trade Commission, E.D. Tex., N.D. Ill.) – represented exclusive licensee of patent in obtaining a general exclusion order blocking importation of infringing automated self-cleaning litter boxes; represented exclusive licensee of patentee in various district court actions relating to trademark and patent infringement; patents covered systems and methods for automated, self-cleaning litter boxes.
Represented a large electric power consumer in state and federal court in a dispute with the Texas Public Utility Commission regarding the application and implementation of the Public Utility Regulatory Policies Act of 1978 (“PURPA”).
Represented companies to enforce trademark, patent, and copyright interests against a possibly coordinated group of online web merchants; forced transfer of domain names through arbitration proceedings under the Uniform Domain Name Resolution Protocol (UDRP); effected take-downs of infringing websites during the UDRP proceedings; investigated identities and connections between various entities in China.