• practical . comprehensive

    INTELLECTUAL PROPERTY LAW

  • WHAT WE DO

     
    From venture-backed startups to Fortune 100 companies,
    we help businesses make the most of innovation.
     
    Technology contracts . Intellectual property counseling
    Corporate transactions . Outside IP general counsel services
     

    Technology

    Technology agreement drafting and negotiation

    licensing . negotiation . audit

     

     

    Business runs on software and data - whether for internal operations or providing products, services or licenses to end-users.


    For nearly two decades we have assisted clients in buying, selling, developing, licensing and outsourcing a variety of software, hardware and related services across a broad spectrum of industries.

     

    For emerging software companies, we help build and maximize licensing and services revenue, whether through enterprise, mobile, consumer, SaaS or other business models.

     

    For companies building out, maintaining or outsourcing IT infrastructure to better serve their customers, we draft and negotiate enterprise technology agreements. We have negotiated technology agreements with values ranging from tens of thousands to hundreds of millions of dollars.

     

    Representative contracts have involved A/V capture hardware and software, EDI, fleet management, mobile applications, ERP systems, pipeline control systems, SCADA software, WMS, pipeline flow modeling software, electronic medical records systems, shipping inventory management software, e-commerce platforms, medical patient information management, scheduling software, finance/tax/accounting software, CRM software, commodities pricing software, remote desktop management, network security software, software escrow arrangements, remote access software, A/V presentation systems software, time clock systems, equipment and personnel management software, POS systems, PDA application software, HR and payroll software, server installation and configuration, project management, content management, website development, emission calculation software, desktop support services, computer integration, technology outsourcing, data backup and data migration - just to name a few.

    We also counsel clients regarding data security, privacy, software audit, website ADA compliance, domain name (ICANN), cloud, e-commerce and open source license issues.

    Intellectual Property Counseling

    Intellectual property portfolio development and commercialization

    patents . trademarks . copyrights . trade secrets

     

     

    Patent prosecution and monetization. We advise clients on patent procurement, strategy, licensing and enforcement, including patent landscape mapping, validity and clearance searches, and gap analysis. We obtain patent protection in the US and in key foreign markets for clients in a range of industries. Representative technologies include oilfield equipment, refinery safety equipment, aircraft systems, health and fitness, highway and agricultural machinery, petroleum refining processes, medical devices, hospital patient management, electronics, software systems, e-commerce, automotive parts, water purification, heavy equipment, financial services, food and beverage, broadcasting, content management, heavy construction, furniture, jewelry manufacturing, flood detection and mobility equipment.

     

    Trademark prosecution and brand management. We advise clients in trademark prosecution worldwide and enforcement for start-ups and established companies, brand management, re-branding campaigns and conducting trademark clearance searches.
        
    Copyright counseling. We advise clients in software development and licensing, user interfaces, DMCA issues, statutory royalties, data protection, website protection, advertising, written works and music.

     

    Trade secret protection. We counsel clients in protecting confidential business and technical information, and with respect to legally-protected data. Representative issues include protecting software code, addressing key employee departures, licensing petroleum product formulas, and enforcing non-disclosure agreements.

    Corporate Transactions

    Due diligence, deal negotiation and agreement drafting

    intellectual property expertise for your deal team

    M&A . commercial agreements . bankruptcy

     

     

    Intellectual property often factors significantly into deal value. We advise businesses and investors in significant corporate transactions with respect to intellectual property issues.

     

    Interesting representative matters include:

    • Intellectual property licensing and manufacturing/distribution in North America, South America, Europe and Asia for a privately-owned heavy vehicle supply firm
    • Negotiating licenses for fuel formula patents and trade secrets for a publicly traded petroleum refining company
    • Acquisition of a European startup
    • Establishing a commercial relationship, and debt and equity investments in a startup venture to provide in-vehicle television programming via satellite
    • Investing in mobile business enterprise software company
    • Acquiring from bankruptcy a patent portfolio drawn to content management technology
    • Recovering patents and patent applications, software and other intellectual property through foreclosure under security agreement after debtor company defaulted on note
    • Development and implementation of automated meter reading technology for a utility company
    • Acquiring a company engaged in developing and deploying broadcast media monitoring technology
    • Licensing patent rights covering military equipment for a manufacturer for government agencies
    • Investing in a startup focused on commercializing alternative fuel technology covered by a large, university-licensed patent portfolio
    • Licensing intellectual property from a university for an emerging biotech company

    IP General Counsel Services

    IP legal support for management and non-IP legal counsel

    IP portfolio development . management . commercialization

     

     

    We counsel clients through the lifecycle of an intellectual property portfolio.

     

    For emerging companies, we work with founders to identify, protect and commercialize key innovation.

     

    For more mature companies, whether public or private, we advise clients regarding portfolio growth, international strategy, licensing, enforcement and risk management.

     

    Notable clients include a manufacturer in the heavy vehicle industry, publicly-traded petroleum refiner, medical device startups, medical software developers and a roller coaster company.

    Patent Enforcement

    Substantive patent enforcement strategy and counsel

    patent licensing . patent litigation . patent opinions

     

     

    We are not a litigation-focused firm. We have, however, quite a bit of experience with patent and other IP litigation and pre-litigation matters. We regularly write and lecture on current patent issues, and apply extensive patent knowledge in developing strategies and defenses in patent disputes. We have briefed and argued a variety of patent issues, including claim construction, infringement, validity, inventorship and ownership, and offer substantive patent expertise for litigators.

     

    Representative matters include:

    • Represented a consumer electronics company in patent litigation regarding wireless communication devices
    • Represented a refining company in patent litigation concerning FCC technology
    • Represented a engineering firm in litigation to enforce patent rights in infrastructure construction technology
    • Represented a manufacturer in patent litigation over portable electronic devices for extreme sports enthusiasts
    • Represented a distributor in litigation over copyright in fashion accessory designs
    • Represented a client in $240 million patent litigation over tire maintenance technology
    • Represented a manufacturer in litigation over inventorship and ownership of patented tire safety technology
    • Represented a client in litigation over ownership of custom-developed animation software
    • Represented a cement industry client in patent litigation over fly ash processing method
    • Coordinated patent litigation in Europe
  • WHO WE ARE

    Derrick A. Pizarro

    Shareholder
    Registered Patent Attorney

     

    derrick.pizarro@pizarroallen.com

    210-941-1274

     

    Education:

     

    Baylor University School of Law, JD, 2001
       

    The University of Texas at San Antonio, BS, Mechanical Engineering, 1997

    Admitted to Practice in:

     

    State of Texas

     

    US Patent and Trademark Office

     

    US District Court for the Northern, Southern, Western and Eastern Districts of Texas

     

    US Court of Appeals for the Federal Circuit

     

    US Court of Appeals for the Fifth Circuit

     

    Professional Experience:

     

    Shareholder

    Cox Smith Matthews Incorporated

    2008-2015

     

    Associate

    Cox Smith Matthews Incorporated

    2001-2007

    Court B. Allen

    Shareholder
    Registered Patent Attorney
     

    court.allen@pizarroallen.com

    210-634-4113

     

     Education:

     

    Baylor University School of Law, J.D., 1997

     

    The University of Texas at Austin,

    BS, Aerospace Engineering, 1989

     

    Admitted to Practice in:

     

    State of Texas

     

    US Patent and Trademark Office

     

    US District Court for the Northern and Western Districts of Texas

     

    Professional Experience

     

    Member

    Dykema Cox Smith

    2015-2017

     

    Shareholder

    Cox Smith Matthews Incorporated

    2004-2015

     

    Partner

    Loeffler Jonas & Tuggey, LLP

    2002-2004

     

    Associate

    Cox & Smith Incorporated

    1997-2002

     

    Holly M. Gordon

    Associate

     

    holly.gordon@pizarroallen.com

     

    Education:

     

    The George Washington University Law School, JD, with honors, 2015

     

    Richmond, The American International University in London, MA, with Distinction, 2010

     

    Southwestern University, BA, magna cum laude, 2009

     

    Admitted to Practice in:

     

    State of Texas

    Michael L. Gostkowski, Ph.D.

    Patent Agent

     

    michael.gostkowski@pizarroallen.com

     

    Education:

     

    State University of New York at Buffalo, BS, Chemistry, summa cum laude, 1996

     

    The University of Texas at Austin, PhD, Chemistry, 2000

     

     

    Admitted to Practice in:

     

    US Patent and Trademark Office

  • VISIBILITY

    Books & Articles

     

    09.01.18 "2018 Federal Circuit Yearbook: Patent Law Developments in the Federal Circuit," by Gale R. "Pete" Peterson and Derrick A. Pizarro, Practising Law Institute

    08.01.18 “U.S. State Trademark and Unfair Competition Law – Texas Chapter,” by Gale R. "Pete" Peterson and Derrick A. Pizarro, International Trademark Association (INTA), 2018

    09.01.17 "2017 Federal Circuit Yearbook: Patent Law Developments in the Federal Circuit," by Gale R. "Pete" Peterson and Derrick A. Pizarro, Practising Law Institute

    08.01.17 “U.S. State Trademark and Unfair Competition Law – Texas Chapter,” by Gale R. "Pete" Peterson and Derrick A. Pizarro, International Trademark Association (INTA), 2017

    09.01.16 "2016 Federal Circuit Yearbook: Patent Law Developments in the Federal Circuit," by Gale R. "Pete" Peterson and Derrick A. Pizarro, Practising Law Institute

    08.01.16 “U.S. State Trademark and Unfair Competition Law – Texas Chapter,” by Gale R. "Pete" Peterson and Derrick A. Pizarro, International Trademark Association (INTA), 2016

    09.01.15 "2015 Federal Circuit Yearbook: Patent Law Developments in the Federal Circuit," by Gale R. "Pete" Peterson and Derrick A. Pizarro, Practising Law Institute

    09.01.15 “U.S. State Trademark and Unfair Competition Law – Texas Chapter,” by Gale R. "Pete" Peterson and Derrick A. Pizarro, International Trademark Association (INTA), 2015

    05.29.15 "The Takedown Boomerang," by Derrick A. Pizarro, San Antonio North Chamber of Commerce, Technology News

    09.01.14 "2014 Federal Circuit Yearbook: Patent Law Developments in the Federal Circuit," by Gale R. "Pete" Peterson and Derrick A. Pizarro, Practising Law Institute

    04.01.14 “U.S. State Trademark and Unfair Competition Law – Texas Chapter,” by Derrick A. Pizarro, International Trademark Association (INTA), 2014
    09.09.13 Hands Off!: Derrick A. Pizarro Explains New Law for Texas Businesses to Protect Their Trade Secrets
    09.01.13 "2013 Federal Circuit Yearbook: Patent Law Developments in the Federal Circuit," by Gale R. "Pete" Peterson and Derrick A. Pizarro, Practising Law Institute
    09.01.12 "2012 Federal Circuit Yearbook: Patent Law Developments in the Federal Circuit," by Gale R. "Pete" Peterson and Derrick A. Pizarro, Practising Law Institute
    08.01.11 "2011 Federal Circuit Yearbook: Patent Law Developments in the Federal Circuit," Gale R. "Pete" Peterson and Derrick A. Pizarro, Practising Law Institute
    08.23.10 "2010 Federal Circuit Yearbook: Patent Law Developments in the Federal Circuit," Gale R. "Pete" Peterson and Derrick A. Pizarro, Practising Law Institute
    09.25.09 "Get the most value by actively managing your firm's IP," by Derrick Pizarro, San Antonio Business Journal
    07.30.09 "2009 Federal Circuit Yearbook: Patent Law Developments in the Federal Circuit," Gale R. "Pete" Peterson and Derrick A. Pizarro, Practising Law Institute
    06.16.08 "2008 Federal Circuit Yearbook: Patent Law Developments in the Federal Circuit," Gale R. "Pete" Peterson and Derrick A. Pizarro, Practising Law Institute
    10.01.07 "Data Retention" Panel Discussion, San Antonio North Chamber of Commerce CIO Breakfast Series, Organizer and Moderator
    08.24.07 "2007 Federal Circuit Yearbook: Patent Law Developments in the Federal Circuit," Gale R. "Pete" Peterson and Derrick A. Pizarro, Practising Law Institute
    08.25.06 "2006 Federal Circuit Yearbook: Patent Law Developments in the Federal Circuit," Gale R. "Pete" Peterson and Derrick A. Pizarro, Practising Law Institute
    08.01.06 "Data Security Breach Notification: No Sweeping Bad News Under a Rug", Texas State Bar, Paralegal Division

    09.01.05 "2005 Federal Circuit Yearbook: Patent Law Developments in the Federal Circuit," Gale R. "Pete" Peterson and Derrick A. Pizarro, Practising Law Institute

    09.01.04 "2004 Federal Circuit Yearbook: Patent Law Developments in the Federal Circuit," Gale R. "Pete" Peterson and Derrick A. Pizarro, Practising Law Institute

    09.01.03 "2003 Federal Circuit Yearbook: Patent Law Developments in the Federal Circuit," Gale R. "Pete" Peterson and Derrick A. Pizarro, Practising Law Institute


    Speaking

     

    06.14.19 “2018-2019 Patent Law Update,” Speaker Derrick Pizarro, Annual Meeting, State Bar of Texas

    06.14.19 Intellectual Property Law, Course Director Derrick Pizarro, Annual Meeting, State Bar of Texas

    02.28.19 “Makers, Hackers and 3D Printing Risks,” Speaker Derrick Pizarro, 32d Annual Advanced Intellectual Property Law Course, State Bar of Texas, Dallas

    06.22.18 “2017-2018 Patent Law Update,” Speaker Derrick Pizarro, Annual Meeting, State Bar of Texas

    02.08.18 Advanced Intellectual Property Law, Course Director Derrick Pizarro, Intellectual Property Section, State Bar of Texas, Houston

    06.23.17 “2016-2017 Patent Law Update,” Speaker Derrick Pizarro, Annual Meeting, State Bar of Texas

    02.22.17 “Your First Conversation with a New Startup Client and Collaboration Issues,” Speaker Derrick Pizarro, 30th Annual Advanced Intellectual Property Law Workshop, State Bar of Texas, Austin

    02.11.17 "Patents & IP: How to do it," Speaker Derrick Pizarro, UTSA CITE Technology Entrepreneurship Boot Camp, Spring 2017

    01.12.17 “Intellectual Property 2.0: Top 10 Risks for Nonprofits,” Speaker Derrick Pizarro, 34th Annual Nonprofit Organizations Institute, Austin

    10.15.16 "Patents & IP: How to do it," Speaker Derrick Pizarro, UTSA CITE Technology Entrepreneurship Boot Camp, Fall 2016

    09.21.16 “Intellectual Property - What's the Big Idea?,” Speaker Derrick Pizarro, Client In-House CLE presentation

    06.17.16 “2015-2016 Patent Law Update,” Speaker Derrick Pizarro, Annual Meeting, State Bar of Texas

    04.07.16 "Patent Trolls: Tools, Tactics and Timing," Speaker Derrick Pizarro, 42nd Annual Bankers Legal Conference, Texas Bankers Association, San Antonio

    02.18.16 Course Moderator Derrick Pizarro, 29th Annual Advanced Intellectual Property Law Course, State Bar of Texas, San Antonio

    02.17.16 “Managing the Software Licensing Process,” Panel Moderator Derrick Pizarro, Intellectual Property Law Workshop: Advising on Corporate IP Policies, 29th Annual Advanced Intellectual Property Law Course, State Bar of Texas, San Antonio

    01.14.16 “The Innovative Nonprofit (That's You!),” Speaker Derrick Pizarro, 33rd Annual Nonprofit Organizations Institute, Austin

    06.19.15 “2014-2015 Patent Law Update,” Speaker Derrick Pizarro, Annual Meeting, State Bar of Texas
    10.23.14 "Basic Intellectual Property Strategy," Speaker Derrick A. Pizarro, El Paso Business Conference & Expo, El Paso, Texas
    10.23.14 "Intellectual Property Law for Startups," Speaker Derrick A. Pizarro, The Hub of Human Innovation, El Paso, Texas
    09.30.14 DuPont 2014 Intellectual Property CLE Seminar, Speaker Derrick Pizarro, DuPont & Widener School of Law Wilmington, Delaware
    06.17.14 Benefits and Risks of Cloud Computing, Panel Member Derrick Pizarro, Nonprofit Technology Summit hosted by the San Antonio Area Foundation and the International Association of Microsoft Channel Partners
    03.20.14 "2013-2014 Patent Law Update," Speaker Derrick Pizarro, 27th Annual Advanced Intellectual Property Law Course, State Bar of Texas
    02.25.14 “2013-2014 Patent Law Update,” Speaker Derrick Pizarro, Austin IP Law Association
    10.03.13 "Patent Law Updates," Speaker Derrick Pizarro, 2013 Texas Advanced Paralegal Seminar (TAPS)
    06.06.13 Application Developer’s Alliance’s “Patent Summit,” Speaker Derrick Pizarro, The Capital Factory, Austin
    03.28.13 “Intellectual Property Law for Startups,” Speaker Derrick Pizarro, The Hub of Human Innovation, El Paso
    02.19.13 "2012 - 2013 Patent Law Update," Speaker Derrick Pizarro, Austin IP Law Association
    02.14.13 "2012 - 2013 Patent Law Update," Speaker Derrick Pizarro, 26th Annual Advanced Intellectual Property Law Course, State Bar of Texas
    06.28.12 “Intellectual Property Law for Startups,” Speaker Derrick Pizarro, The Hub of Human Innovation, El Paso

     

    Recognition

     

    Selected for inclusion as a "Texas Rising Star," Super Lawyers

  • INVOLVEMENT

    State Bar of Texas, Intellectual Property Law Section

    Chair, 2019-present

    Chair-Elect, 2018-2019

    Vice-Chair, 2017-2018

    Treasurer, 2015-2017

    Council Member, 2013-2015
    Chair, Trade Secrets and Unfair Competition Committee, 2011-2013

     

    American Intellectual Property Law Association (AIPLA)

     

    International Trademark Association (INTA)

    North San Antonio Chamber of Commerce
    Board of Directors, 2014 - 2015
    Leadership Lab Alumnus

    San Antonio Bar Association

    San Antonio Bar Association Community Justice Program, Participant

    University of Texas at San Antonio
    CITE $100K Student Technology Venture Competition, Judge
    Department of Mechanical Engineering and Biomechanics, Advisory Board
    Guest lecturer in undergraduate and graduate engineering and business program

     

  • CONNECT

    Disclaimer:

     

    Communicating with Pizarro Allen PC will not establish an attorney client relationship with us.

    Please keep in mind that Pizarro Allen PC does not represent you without a signed engagement letter.

    Until we confirm that we will represent you, please do not send Pizarro Allen PC any confidential or time-sensitive information.

     

    3619 Paesanos Parkway, Suite 300 | San Antonio, Texas 78231

    Call
    Phone

    210.941.1277