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Overview

Albert enjoys working in the fast-paced, competitive technology industry that thrives in Austin.

Albert relies on his interdisciplinary skills as an intellectual property and technology licensing lawyer to guide clients seeking to develop and protect IP, and those seeking to acquire or license IP to improve their business operations. An experienced trademark lawyer, he helps clients select, register and protect brands that identify and distinguish their products and services.

Albert enjoys assisting clients whether they are startups seeking to disrupt a market, later-stage technology companies developing new or improved products or services, or large institutions integrating new technology solutions to keep their competitive edge. Health care providers often seek his counsel to negotiate the licensing of enterprise software such as electronic health records, cloud storage and billing solutions.

When clients are considering a merger or acquisition, he performs due diligence concerning IP assets so that clients are better informed of the transaction’s risks and benefits. On a daily basis, Albert drafts and negotiates software licensing and development agreements, and counsels clients concerning the steps they can take to protect their IP assets internally and with potential customers. Albert also handles trademark proceedings at the Trademark Trial and Appeal Board (TTAB) and domain name disputes resolved by the Internet Corporation for Assigned Names and Numbers (ICANN).


Industries

Services

Recognition

  • Martindale-Hubbell AV Preeminent

Education

  • J.D., University of Texas School of Law
  • B.A., University of Texas at Austin
    • cum laude

Admissions

  • Texas
  • U.S. District Court, District of Colorado
  • U.S. District Court, Eastern District of Texas
  • U.S. District Court, Northern District of Texas
  • U.S. District Court, Southern District of Texas
  • U.S. District Court, Western District of Texas
  • U.S. Court of Appeals, Federal Circuit
  • U.S. Court of Appeals, Fifth Circuit
  • U.S. Supreme Court

Professional Associations and Memberships

  • Austin Intellectual Property Law Association
  • State Bar of Texas, Computer Law Section; Labor and Employment Section; Intellectual Property Section, Trademark Committee
  • Austin Bar Association, Technology and Computer Law Section
  • University of Texas Technology Law Conference, Planning Committee, 2012-2018 

Languages

  • Spanish, conversant
Experience
  • Represented personal fitness, yoga and hydration therapy companies concerning franchise and branding matters.
  • 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 a group of Florida companies that possessed intellectual property rights in web-based software products for the insurance industry.
  • 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.
  • Prosecuted a lawsuit on behalf of a trademark owner 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 trademark owner in an ICANN proceeding to prohibit use of domain names that would have infringed the owner’s 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 startup company against patent infringement and misappropriation of trade secret claims relating to CMOS power amplifiers 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 a 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 numerous clients in patent infringement lawsuits filed in U.S. District Court, Western and Eastern Districts of Texas.
  • Advised an international toy and puzzle company concerning trademark and branding issues.
  • Represented a machine vision software company that provides global custom software development services to national and international clients.
  • Developed an IP portfolio strategy for an engineering and manufacturing company that develops emergency vehicle lighting and technology products for use by first responders and in the construction industry.
  • Secured mandatory temporary restraining order and temporary injunction for tech startup client in Austin when outside developer cut off client's access to its proprietary software after dispute over payment terms and scope of work. Further, legal team obtained client's right to access and possess software, source code and background information for final development.
Outside the Office

Albert and his wife are avid international travelers.

Albert and his wife frequently visit the great cities of Europe. He also enjoys cycling to work. He combined his passions for the first time with a recent cycling trip to Northern Italy and Germany.

In addition, he likes to explore Austin’s eclectic music and food offerings, and regularly attends sporting events at the University of Texas, primarily Longhorns football.

Community Leadership
  • Concordia University Texas, Board of Regents, Chair, 2014-2016
  • Leadership Austin, Class of 2006
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