Intellectual Property, Commercial Litigation & Employment Attorneys
McDole & Williams, P.C.
Dallas, Texas 75201
Law Firm Overview
Individuals and businesses turn to McDole & Williams, PC when the stakes are high and the need for experienced counsel is clear.
McDole & Williams, P.C. - Providing services in the following areas of law:
Articles Published by McDole & Williams, P.C.
Judge Gilstrap Explains the Pleading Standards for Direct and Indirect Patent Infringement (E.D.Tex)
Judge Rodney Gilstrap of the Eastern District of Texas (Marshall Div.) recently issued an opinion explaining the pleading standards for direct and indirect patent infringement. The opinion was issued in Lone Star Document Management, LLC v. Atalasoft, Inc., 2012 WL 4033322 (E.D. Tex.). Atalasoft is one of many related cases in which Lone Star has alleged infringement by e-discovery companies of U.S. Patent 6,918,082.Read Article
The LLC, Not Just Another Corporation
When it comes to pleading the citizenship of an LLC, Fifth Circuit law regarding diversity jurisdiction is both well settled and rarely followed. In theory, it seems simple: for diversity purposes the citizenship of a LLC is determined by the citizenship of all of its members. In practice, however, many attorneys treat LLCs like corporations by alleging the entity’s state of incorporation and principal place of business.Read Article
Cybercrime Under the CFAA: It Depends on the Jurisdiction
In a decision filed on April 10, 2012, the Ninth Circuit in United States of America v. Nosal, No. 10-10038 (9th Cir. 2012), put itself squarely in conflict with the Fifth, Eleventh and Seventh Circuits.Read Article
When it Comes to Attorney’s Fees, is Texas Becoming More American?
Under the majority “American Rule,” parties are generally required to bear their own attorney’s fees in civil cases. For over 100 years, however, Texas has been in the minority that allows courts to award attorney’s fees to prevailing parties for certain claims, such as for breach of oral or written contracts.Read Article
Beware of Trademark Scams
Recently, McDole & Williams has received multiple requests to evaluate official-looking trademark registration notices received by clients. These official-looking notices claim to be from governmental trademark offices, alleging that the client must pay fees in order to maintain his/her trademark and rights.Read Article
Just When You Thought Covenants Were Enforceable
Recent decisions by the Texas Supreme Court have resulted in a “pro-enforcement” trend for covenants not to compete, and have eroded the holding in Light v. Centel Cellular Co. of Tex., 883 S.W.2d 642, 647 (Tex. 1994) requiring contemporaneous consideration to enforce a covenant not to compete against an at-will employee.Read Article
Revisiting the Supreme Court’s Decision in eBay: The Naked Truth?
A copyright infringement battle that has been ongoing for over a decade may soon find itself at the steps of 1 First Street NE. On December 6, 2011, a petition of certiorari was filed in the case of Perfect 10, Inc. v. Google, Inc. (11-704).Read Article
Improving Accessibility to the Courts: Standing Order in Marshall Division of Eastern District of Texas
The Marshall Division of the U.S. District Court for the Eastern District of Texas has issued the following Standing Order Regarding Readiness for Status Conference: “The Court ORDERS the Plaintiff in each civil case file a notice that the case is ready for scheduling conference when all Defendants have either answered or filed a motion to transfer or dismiss. The notice shall be filed within five days of the last remaining Defendant’s answer of motion.Read Article
Trademarks and School Colors
In University of Alabama Board of Trustees v. New Life Art, the U.S. District Court for the Northern District of Alabama recently considered the issue of whether the University of Alabama had trademark rights in its school colors of “crimson and white.” Alabama’s board of trustees sued painter Daniel Moore, an artist renowned for his oil paintings of great moments in football history.Read Article
Federal Court Jurisdiction over Patent-Related State Law Claims
While “legal malpractice claims traditionally fall under the domain of state courts,” the Texas Supreme Court recently held that those claims may fall within the exclusive jurisdiction of the federal courts when an underlying patent issue “is necessary, disputed, and substantial.” Minton v. Gunn, 2011 WL 6276121 (Tex. Dec. 16, 2011).Read Article
Timing is Everything, Especially Now for Patentees and What Constitutes Inequitable Conduct before the PTO
The Federal Circuit revisited the Inequitable Conduct Doctrine and made changes to the intent and materiality standards. How will these changes affect the patent process?Read Article
The Stop Online Piracy Act (SOPA): The Copyright Clause versus the First Amendment
The Stop Online Piracy Act (SOPA) is under attack. Users of the Internet’s most popular web sites say that the legislation is tantamount to censorship. This blog post provides a primer on this controversial piece of legislation and considers the delicate balance between copyright interests and free speech. By Kristen Knauf on 11/17/2011Read Article
Golan v. Holder – Dawn of the Dead Copyrights?
If society continues to insist that creative works are part of a growing and widely accessible “cultural commons,” copyright holders may be at serious risk.Read Article
Avoid This Mistake When Dealing with the EEOC or TWC
Your company just received a Notice of Charge of Discrimination from the Equal Employment Opportunity Commission (“EEOC”) or Texas Workforce Commission Civil Rights Division (“TWC”). The next round of communications will be very important, especially if the employee decides to file suit after the investigation.Read Article
U.S. Copyright Office to Investigate Potential Small-Claims Remedies for Copyright Actions
The Copyright Act protects a wide variety of works of authorship. Unfortunately, not all copyright owners have the same resources to initiate a lawsuit that requires substantial time and moneyRead Article
The Significance of Trademark Registration
Trademark registration provides many advantages, but does it establish ownership of the mark?Read Article
Arbitration Clause Trumps Reformation of Covenant
Recent decision represents the continuing trend in state and federal courts to uphold arbitration clauses and read them broadly.Read Article
No Safe Haven for Righthaven, LLC or Other Copyright-Infringement Profiteers
Recipe for Success: Know the Law, Know the Judge, and be Professional.Read Article
Judge Rader Acknowledges New Factor in 1404 Venue Transfer Analysis
The Fifth Circuit recognizes four “private factors” and four “public factors” to be considered when deciding a motion to transfer venue under § 1404(a). Should a fifth consideration be added to the list of public factors?Read Article
High-heeled Drama: Christian Louboutin SA v. Yves Saint Laurent America Inc.
Famous red sole shoe designer, Christian Louboutin, dances the blues when federal judge decides that a color, being an essential element of fashion design, could not be trademarked.Read Article
Iowa Defeats USM, 2-1, in PTO Decision
A trademark issue turns schools into arch enemies.Read Article
When It Comes to Being Sued, You Need a Name, Not Just a Number
The good news about computers is that they make the sharing of information easier. The bad news about computers is that they make the illegal sharing of copyrighted information easier. The other bad news about computers is that they allow those illegally sharing this information to hide behind catchy screen names and IP addresses. What does this mean in the realm of intellectual property law?Read Article