Experience

Technical Experience

In addition to her legal knowledge, Delphine James also has over twelve years of software engineering experience with major corporations. She worked for Tenneco as a Lead Consultant where she oversaw the design and development of an Oil Field Storage Accounting System. As a Project Lead for Loral Aerospace she was responsible for the development, maintenance and testing of NASA’s Mission Control Network Software. While at Envoy Corporation she developed one of the first Point of Sale Credit Card Authorization Interface Systems for Master Card and Visa. While at AT&T Bell Laboratories she was responsible for the development of a testing simulator which simulated important aspects of the currently used (800) call processing system. As a software engineer, she acquired expertise in the following technical areas, all aspects of the software development process, UNIX operating system, C/C++ programming language, Object Oriented Design and Analysis, and Data Communication Protocols utilized in networking.

Legal Experience

Among her many clients both entrepreneurs as well as corporations her firm has expertise to handle all aspects of Intellectual Property Law. Regarding Trade Secrets, the Law Firm audits the corporation, sets up appropriate security measures, and prepares and negotiates required confidentiality agreements. Regarding Trademarks, our firm handles trademark and trade dress availability searches, registrations of the marks, monitoring of the marks, handling of cancellation as well as opposition proceedings before the Trademark Trial and Appeal Board Copyright Registrations, and will litigate all trademark infringement issues. Within the area of patent law, the firm performs prior art searches and prepare patentability opinions for new inventions. Also, the firm will prepare and prosecute the inventions. More specifically, the firm specializes in Computer related inventions, articles of manufacture and mechanical patent applications. The firm can prosecute your patent application nationally as well as support the prosecution of your application internationally. At times prior to introducing a product to market, an infringement analysis needs to be performed. The firm performs the search, analysis and prepares the opinion. The firm provides counseling and support to help clients get their Products Commercialized.

Because of her recognized expertise in software engineering, Delphine James was brought in by Arnold & Associates to prepare several specialized software patent applications as well as a Patent Infringement Study on the Software Application. Also, Harrison & Egbert hired her to assist in the preparation of several Patent Software and Mechanical Patent Applications. Additionally, the Exxon Law Technology Department brought Delphine James in to prepare Non-disclosure and Confidentiality Agreements to protect their Intellectual Property rights. In addition, she developed technical services contracts for independent contractors.

IP Prosecution Experience

  • Prosecuted over 100 copyright applications
  • Prosecuted over 100 trademark applications
  • Prosecuted over 100 patent non-provisional applications

TTAB Experience

  • Successfully defended Breakfast Klub Trademark in the TTAB in a cancellation proceeding. This business is located in Houston, Texas  and is nationally recognized as  one of the best chicken and waffles restaurants in the US
  • Successfully filed an appeal for Rascal Rocks Trademark

Extensive Litigation Experience

  • Won copyright infringement case on summary judgment.
  • Defended client against Intel Corporation for trademark infringement
  • Defended client against Microsoft Corporation for copyright infringement
  • Defended client against Link Staffing for trademark infringement resulting in settlement
  • Defended client against Mattress Firm for employment discrimination resulting in settlement
  • Defended client against Troll Company in a copyright infringement case resulting in settlement
  • Represented Ace Healthcare in a trademark infringement
  • Represented client in patent design infringement
  • Defended client in conversion case where case was dismissed
  • Represented client in trespass to title case and won judgment

Administrative Experience with State Agency

Independent Hearing Examiner for Texas Education Agency — function as an administrative judge over cases involving teacher contracts

Court of Appeals Experience

  • Successfully appeal case against Coca Cola in the Fifth Circuit
  • Negotiated Settlement for Client through the Fifth Circuit
  • Overturned exemplary damages award in state court appeal