James E. Hudson III

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Jim Hudson is a seasoned professional who provides expert guidance to a broad spectrum of clients, from individual inventors to multinational corporations, in safeguarding intellectual property (IP) assets and defending against competitor claims. His work goes beyond simply understanding the technicalities of the law; it requires a thorough understanding of his client’s business model, operations, and long-term strategic objectives, especially as they relate to investments in patents, trademarks, copyrights, and trade secrets. Through collaboration with corporate leadership, Jim devises tailored strategies to maximize the return on such investments.

In today’s corporate landscape, securing patent protection for innovations is critical, not only to prevent infringement but also to build a robust portfolio capable of deterring copycats and defending against infringement claims. Jim also understands the importance of evaluating and obtaining trademark protection for distinctive marks and vigilantly enforcing those rights. His expertise extends to litigating copyright infringement cases and protecting proprietary information through trade secret misappropriation suits.

At Crain Caton, working with other practice areas enables Jim to approach each legal challenge with a team that identifies the full scope of action needed. IP is an integral part of nearly every industry and aspect of commerce, whether it pertains to an active business, a company in bankruptcy, or even a marital estate. IP issues often arise in corporate transactions, as well as in dispute resolution processes, including trials and appeals. By collaborating with non-IP attorneys in our office, Jim ensures that his clients’ interests are fully protected, both in litigation and in transactional matters.

Intellectual Property Enforcement and Defense

Defended privately-held defendant company in trademark dispute. Case resolved on favorable terms.
Assisted trial team in defending wellhead manufacturing company in trade secret misappropriation claim, including leading successful summary judgment arguments to dispose of one plaintiff and of the non-trade secret claims of the remaining plaintiff. Case resolved on favorable terms.
Led trial team in defense of construction product company in patent infringement case involving eight (8) patents, including obtaining stay pending administrative attacks, presenting claim construction arguments at Markman Hearing, and arguing summary judgment motions. Case resolved on favorable terms. https://www.newenglandipblog.com/2015/04/joint-defendants-succeed-on-motion-to-stay-pending-reexam/
Assisted in defense of oil field technology company in patent infringement case, including assisting in discovery and argument of claim construction terms.
Defended franchisor service company in patent infringement case having largest joint defense effort in the history of the Eastern District of Texas (over 400 defendants), including leading one summary judgment motion joined by numerous co-defendants.
Represented construction product company in ex parte reexamination of patents asserted against it, resulting in narrowing of claim scope and giving rise to assertion of intervening rights.
Represented construction product company in Post Grant Review of two patents owned by plaintiff, including patents filed pre-AIA, noted as path-for-attack by other law firms. https://www.brinksgilson.com/dealing-with-the-aia-trap-for-transition-applications
Assisted in defense of sanitary sewer product manufacturer in trademark infringement dispute. Case resolved on favorable terms.
Represented trademark owner in amicably persuading various trademark infringements by start-ups using trademark on collegiate-themed products.
Represented company in pre-issuance challenges to competitor’s patent applications to inform Patent Office of limits to patentability.
Represented company in pre-issuance challenges to competitor’s trademark applications, resulting in limitation of scope of competitor’s trademark rights.

Securing Intellectual Property Rights through prosecution and acquisition

Drafted applications to secure patents domestically, in Europe, China, Australia, New Zealand, Japan, and Brazil in various mechanical technologies, including offshore marine cranes, golf products, chromatography, grain sorting and milling, expansion joint seals, medical devices, aircraft transportation vehicles, and pump components, after assessment of patentability in view of identified prior art.
Completed transactions for sales and for purchases of existing patents.
Drafted and prosecuted applications to secure trademark rights domestically and in numerous countries after assessment of registerability and potential third party issues.
Completed transactions for sales and for purchases of existing trademarks.
Drafted applications to obtain registration of copyright rights.
Completed transactions for sales and for purchases of existing copyrights.

Constructing corporate safeguards

Coordinated with corporate officers development and implementation of program to protect corporate intellectual property rights and to limit the ability of competitors to seek protection of interfering product lines, including identification of potential patent applications.
Worked with corporate marketing leaders to develop and protect brands.
Assisted business with employment protocols to protect trade secrets and other proprietary information, including non-disclosures, non-competes, and corporate security measures.

The Intellectual Property in Your Practice, presenter, Crain Caton & James Continuing Legal Education Series, 2014
Introduction to Trademarks, presenter, Crain Caton & James Continuing Legal Education Series, 2013
Introduction to Trademarks, presenter, Houston Association of Legal Professionals Continuing Legal Education Series, 2012
Intellectual Property for Businesses: Types and Underlying Issues, presenter, Crain Caton & James Continuing Legal Education Series, 2008
Advanced Patent Litigation: Strategies and Tactics, speaker, State Bar of Texas – CLE Committee, 2006
A Survey of the Texas Unfair-Competition Tort of Common-Law Misappropriation, author, 1998
The U.S.-Japan Agreement for Eighteen Month Publication of U.S. Patent Applications: How Should It Be Implemented?, author, 1996

Houston Bar Association

Capabilities

Intellectual Property

Areas of Focus

Education

J.D., South Texas College of Law / Houston
B.S. in Mechanical Engineering, Texas A&M University

Admissions & Certifications

State Bar of Texas
United States Patent and Trademark Office
U.S. Courts of Appeals for the Fifth and Federal Circuits
U.S. District Courts for the Northern, Southern, Eastern and Western Districts of Texas

Copyright Protection

In this educational video, Jim Hudson discussed copyright protection for creative works. He states that registration is beneficial for asserting infringement in federal court, especially for seeking relief such statutory damages and attorney’s fees, where timely registration is critical. Copyright protection extends to various forms of artistic expression, including software code and drawings. Businesses should consider registration of those original works due to the potential for revenue and the low cost of registration.