Winstead PC

500 Winstead Building 2728 N. Harwood Street
Dallas, TX 75201, United States

  • 214.745.5400
  • 214.745.5390

Carolla Going after the Patent Trolls

Adam Carolla continues his battle against the patent troll, Personal Audio, LLC. So far, Carolla has spent more than $450,000 in attorney fees. The result? There has been enough discovery for Carolla to determine that…more
| Civil Procedure, Civil Remedies, Intellectual Property, Science, Computers, & Technology

Supreme Court Strikes Down Contraceptive Mandate for Closely-Held Companies

On June 30, 2014, the United States Supreme Court held, in a 5-4 decision, that the contraceptive mandate included under the Patient Protection and Affordable Care Act (“PPACA”) violates federal law. The Court’s holding in…more
| Civil Procedure, Commercial Law & Contracts, Constitutional Law, Labor & Employment Law, Health

One, Two Punch for Moench – Supreme Court Eliminates Presumption for Employer Stock Investments

The United States Supreme Court issued a unanimous opinion on June 25, 2014 in the case of Fifth Third Bancorp v. Dudenhoeffer. While the Supreme Court’s holding substantially affects the fiduciaries of all employee stock…more
| Civil Procedure, Labor & Employment Law, Finance & Banking, Business Torts, Securities Law

Financing with IP Collateral

In a recent guest post on the Patently-O blog by Dennis Crouch, William Mann, an assistant professor of finance at the Anderson School of Management, UCLA, notes the explosion in USPTO filings that record a creditor’s security…more
| Commercial Law & Contracts, Finance & Banking, Intellectual Property

API Protection Under Copyright Is Upheld by Federal Circuit

There has been a lingering, divisive question in the software industry as to whether application programming interfaces (APIs) are entitled to copyright subject matter protection. Critics argue that this type of source code is…more
| Civil Procedure, Commercial Law & Contracts, Intellectual Property, Science, Computers, & Technology

Crowdfunding in Texas – When?

The Texas intrastate crowdfunding rules were adopted in April and the Texas Securities Board will consider comments to the rules through the end of June (even though the official deadline for comments is June 8th). The matter…more
| Communications & Media Law, Finance & Banking, Securities Law

Removal of Patent Troll Bill

Last Wednesday, May 21, the Senate Judiciary Committee removed a bill from their agenda that sought to protect companies against “patent trolls,” which are companies whose main business is to gather patents, threaten…more
| Elections & Politics, Intellectual Property, Science, Computers, & Technology

Is Dolly the Sheep Dead Again?

The exceptions to patent eligibility under 35 USC 101 always fell into three distinct categories: laws of nature, abstract ideas, and natural phenomena. In deciding a case about whether claims of farm animals may be patented,…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

Crowdfunding: It’s Coming to Texas

In late April, the Texas Securities Board issued proposed regulations that would allow crowdfunding in intrastate transactions in Texas. The word on the street is that the proposed regulations will become final in August 2014. …more
| Communications & Media Law, Finance & Banking, Securities Law

Accelerated Patent Examination

According to the United States Patent Office’s annual report, the average total patent pendency in 2012 for patent applications was 32.4 months. For many patent applicants, this delay is unexpected and may significantly impact…more
| Civil Procedure, Intellectual Property

Texas Supreme Court to review certified question from Fifth Circuit in Austin v. Kroger

The Supreme Court of Texas has accepted the Fifth Circuit’s certified question in Austin v. Kroger. The Fifth Circuit’s request for certification formally withdraws its previous controversial opinion. The case could have…more
| Civil Procedure, Labor & Employment Law, Personal Injury

Fifth Circuit Denies Deferential Review for Fiduciary Actions

Many employee benefit professionals are aware of the deferential standard of review provided to plan fiduciaries in accordance with the 1989 United States Supreme Court ruling in Firestone Tire & Rubber Co. v. Bruch. That is, a…more
| Civil Procedure, Labor & Employment Law, Finance & Banking, Business Torts

This Week’s Starting Lineup Brought to You by the NLRB

After a disappointing Saturday loss, a college quarterback returns to practice Monday to find his coach ready and willing to revisit the weekend and remind the quarterback that his starting position and scholarship are on the…more
| Art, Entertainment, & Sports Law, Education, Labor & Employment Law

Early Assignment of your Invention as a Method to Maintain Priority Rights in a European Patent Application

The European Patent Office (EPO) has been a desirable venue for seeking patent protection in Europe. For instance, a patent application granted by the EPO can provide patent protection in many European countries, such as the…more
| Intellectual Property, International Law & Trade

Protection against Business and Legal Risks from the iPhone 5s Security Vulnerabilities

The iPhone 5s debuted with a list of new features designed to enhance its users’ experience. Among the list is Touch ID, a form of biometric security that allows users to lock and unlock their iPhone with their fingerprint. It…more
| Communications & Media Law, Labor & Employment Law, Privacy, Science, Computers, & Technology
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