© 2015 The Texas Lawbook.
By Brooks Igo
(April 27) – Plano-based Ferguson, Braswell & Fraser, PC recently boosted its intellectual property practice by bringing on Kelly Kubasta, formerly of the Dallas-based IP boutique, Klemchuk Kubasta LLP, as a shareholder.
Kubasta, who has particular expertise representing clients on patent, trademark and trade dress litigation and licensing, said he saw the benefits of joining a full-service law firm.
“[Ferguson, Braswell & Fraser, PC] has a deep bench of corporate law expertise that is very advantageous for clients,” he said.
Being on the ground floor of starting a law firm, Kubasta said he understands his clients’ day-to-day business needs and the “constant curveballs” that arise when running a business.
Kubasta also advises clients on protecting and leveraging their IP assets. He has drafted dealer/franchisee agreements, negotiated software development and licensing agreements, constructed Internet e-commerce policies and resolved domain name disputes on behalf of his clients.
Though Kubasta is currently working on patent infringement cases in the business intelligence software realm, he says there is an “upheaval” in the patent litigation world due to a decline in the number of lawsuits that have been filed after recent statutory decisions and court decisions.
“The big question is where is patent litigation going?” he said. “It will make other forms of IP practice more important.”
One area Kubasta predicts will become more important is litigation arising from the Texas Uniform Trade Secrets Act (TUTSA).
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