- Partner | U.S. Patent Attorney and Attorney at Law
Tammy Terry is an IP litigator and registered patent attorney with the U.S. Patent and Trademark Office. Ms. Terry’s practice includes IP litigation and dispute resolution representing companies on the cutting edge of technology in a variety of industries and disciplines. Ms. Terry also manages trademark prosecution with a focus on developing, customizing, and optimizing domestic and global branding strategies for clients in all industries, including established and emerging technologies, the fashion industry, and the arts.
Ms. Terry has trial experience in a variety of complex commercial litigation cases, including first and second chair trial experience in patent litigation, copyright infringement, trademark infringement, and trade secret misappropriation cases.
Ms. Terry’s experience includes jury trials in federal and state court, Section 337 investigations before the International Trade Commission, proceedings before the Patent Trial and Appeal Board and Trademark Trial and Appeal Board, and advising and representing clients in mediations, arbitrations, and other forms of alternative dispute resolution. Tammy Terry also represents clients in alternative enforcement actions, including Amazon Utility Patent Neutral Evaluation Program proceedings.
- State Bar of Texas
- State Bar of California
- United States Patent and Trademark Office
- United State District Court for the Central District of California
- United State District Court for the Northern District of California
- United State District Court for the Southern District of California
- United States District Court for the District of Colorado
- United State District Court for the Eastern District of Michigan
- United State District Court for the Eastern District of Texas
- United State District Court for the Southern District of Texas
- United State District Court for the Western District of Texas
- United State District Court for the Northern District of Texas
- United States Court of Appeals for the Federal Circuit
- United States Court of Appeals for the Fifth Circuit
- United States Court of Appeals for the Ninth Circuit
- “Top Lawyer,” H Texas magazine (2016-2020)
- “Top 50 Women in PTAB Trials List,” PTAB Bar Association (2019)
- “Texas Rising Star,” Texas Super Lawyers (2008, 2009)
PROFESSIONAL ACTIVITIES AND MEMBERSHIPS
- International Trademark Association (INTA)
- Intellectual Property Owners Association (IPO)
- Association Internationale pour la Protection de la Propriété Intellectuelle (AIPPI)
- American Intellectual Property Law Association (AIPLA)
- American Bar Association – Intellectual Property Litigation Section
- Serves as judge for various law student mock trial competitions at University of Houston Law Center (2012-2016)
- Deep Fix, LLC v. Marine Well Containment Company LLC, (SDTX 2018-2020): Represented a well containment company as a defendant in a patent infringement lawsuit and successfully obtained a finding of inequitable conduct.
- Phoenix Licensing, et al. v. Security Group, Inc., et al,. (EDTX 2016-2017): Represented Defendants in patent infringement suit filed by non-practicing entities and successfully resolved the matter for the clients without the need for filing an answer.
- Magna Electronics v. Valeo et al., (2012-2015): Represented Defendants in multiple patent litigation suits in district court and Petitioners in numerous rounds of IPRs in front of the Patent Trial and Appeal Board where clients were successful in staying district court proceedings and invalidating multiple patent claims through IPR proceedings.
- Hewlett Custom Home Design, Inc. v. Frontier Custom Builders, Inc. et al, (SDTX 2010-2013): Represented copyright owner Hewlett Custom Home Design in an architectural copyright infringement jury trial. The jury returned a verdict in our client’s favor, which was upheld on appeal.
- In the Matter of Certain Products Having Laminated Packaging, Laminated Packaging, and Components Thereof, Inv. No. 337-TA-874 (Int’l Trade Comm’n 2013). Mrs. Terry was lead counsel on behalf of Respondents Cognac Ferrand USA, Inc. and WJ Deutsch & Sons Ltd. in a Section 337 patent infringement investigation in the International Trade Commission. This was the first investigation in which the Commission required expedited proceedings to be held to determine whether complainant had satisfied the economic prong of the domestic industry hearing. The Commission issued a finding of no violation in respondents’ favor. The concurrently pending case in the United States District Court for the Eastern District of Texas, Lamina Packaging Innovations, LLC v. Cognac Ferrand USA, Inc. and WJ Deutsch & Sons, Ltd., Case No. 2:13-cv-00174, subsequently was resolved in an agreement that requires confidentiality as to its terms.
- Hewlett Custom Home Design, Inc. v. Frontier Custom Builders, Inc., et al. (2010-2013). Represented copyright owner Hewlett Custom Home Design in an architectural copyright infringement jury trial against Frontier Custom Builders and Ronald W. Bopp. The jury returned a verdict in our client’s favor.
- In the Matter of Certain Kinesiotherapy Devices and Components Thereof, Inv. No. 337-TA-823 (Int’l Trade Comm’n 2012): Represented Complainants Standard Innovation (US) Corp. and Standard Innovation Corporation in a Section 337 patent infringement investigation in the International Trade Commission. Mrs. Terry co-first chaired the final hearing (trial) in August 2012. In June 2013, the Commission issued a final determination in Standard Innovation’s favor, finding that respondents infringed Standard Innovation’s valid patents. The Commission issued a general exclusion order and cease and desist orders prohibiting infringing articles from being imported into the United States.
- Aspen Technology, Inc. v. M3 Technology (2010-2012). Represented M3 Technology in three week trial in May 2012, involving copyright infringement, misappropriation of trade secrets, and tortious interference claims, the resolution of which is currently pending appeal.
- In the Matter of Certain Elastomeric Material Devices, Inv. No. 337-TA-732 (Int’l Trade Comm’n 2010). Represented Respondents Tenga Co. Ltd. and One Up Innovations, Inc. in a Section 337 patent infringement investigation in the International Trade Commission. After summary determination briefing, the matter was resolved in a settlement agreement that requires confidentiality as to its terms.
The Law Offices of Tom Fulkerson LLP
- Gyrodata Inc. v. Gyro Technologies, Inc. (d/b/a Vaughn Energy Services), et al. (2009-2010). Represented Gyrodata Inc. in a patent infringement claim and request for preliminary injunctive relief concerning the use of a drop memory gyroscope. After a preliminary injunction hearing and initial decision, the matter was resolved in a settlement agreement that requires confidentiality as to its terms.
- Cheetah Gas Co., Ltd. v. Chesapeake Louisiana, L.P., et al. (2008-2009). Represented Cheetah in the prosecution of a claim for breach of agreements to purchase oil and gas leases in the Haynesville Shale. Within eight months of filing suit, the case was resolved in an agreement that requires confidentiality as to its terms.
- Total Separation Solutions, LLC v. Frick, et al. (2007-2009). Represented Total Separation Solutions, LLC in a case involving trade secret misappropriation, breach of contract, fraud and breach of fiduciary duty claims. We obtained a temporary injunction in March 2007 and tried the case in June 2009. The jury returned a verdict in favor of our client. The case settled after trial but before entry of judgment.
- Scientific Drilling International, Inc., et al. v. Gyrodata Inc. (2006-2009). Represented Gyrodata, a leader in gyroscopic wellbore surveying, as the defendant and counter-plaintiff in complex, multimillion-dollar patent infringement litigation. After summary judgment briefing, the case was resolved in an agreement that requires confidentiality as to its terms.
- U.S. Securities and Exchange Commission’s Investigation of El Paso Corporation (2004-2008). Successfully represented Huddleston & Co., Inc., the auditor of the reserve estimates of the El Paso Corporation, in the SEC’s investigation of El Paso’s 41% reserve write-down in February 2004.
- Sullivan v. Scalable Software, et al. (2004-2005). Successfully represented NEON Systems, Inc., a software company, as a defendant in an employment discrimination suit. After obtaining summary judgment on behalf of the client, the matter was resolved in an agreement that requires confidentiality as to its terms.
Clements O’Neill LLP
- Construction Bank of China, et al. v. Wong, et al. (2004-2005). Represented Mr. Wong in a $38 million claim in which the plaintiffs claimed that Mr. Wong had misappropriated trust funds and engaged in self-dealing. The matter was resolved for a contribution by Mr. Wong in a settlement agreement that requires confidentiality as to its terms.
- Robinson v. Destiny’s Child, et al. (2004). Represented Destiny’s Child and obtained complete dismissal within six months of the filing of $200 million copyright claim relating to the hit song “Survivor.”
- California Western School of Law, J.D., magna cum laude, 2003
- Texas Tech University, B.S., Biology, magna cum laude, 2000
- U.S. Trademark Law "Does Not Rule the World" – The Arbitron Case
- WIPO Mediation – A Path to Resolution for Some IP Rights Litigation Cases
- IPR Institution Guidelines Must Comply with Notice-and-Comment Rulemaking Procedures
- United States Supreme Court Reviews The Enablement Requirement For The Second Time in History
- General Industry Skepticism Alone Is Not Enough To Defeat An Obviousness Invalidity Challenge
- PTAB Discretionary Denials Survive For Now: The Latest NHK/Fintiv Attack Ruling
- PTAB Protective Order Has Teeth, Bites Violator
- Denied Institution of Inter Partes Review?
- Which PTAB Decisions Are Appealable to the CAFC and Which Are Not? The Federal Circuit Court of Appeals Weighs in Again…
- To Institute or Not To Institute – That is the Question: Recent PTAB Precedential Decisions on § 325 Denials
- Enforcing Patents The Amazon Way
SELECTED PUBLICATIONS AND PRESENTATIONS
- Co-author, "Unpacking Amazon's Patent Infringement Evaluation Process," Law360® (March, 2021)
- “To Institute or Not To Institute – That is the Question: Recent PTAB Precedential Decisions on § 325 Denials,” Author, Osha Liang LLP Monthly Insights (April 2020)
- “Enforcing Patents the Amazon Way,” Co-author, Osha Liang LLP Monthly Insights (February 2020)
- “Trademark Infringement Findings in the ITC,” Co-author, Osha Liang LLP Monthly Insights (November 2019)
- “Supreme Court’s Decision in Iancu v. Brunetti,” Co-author, Osha Liang LLP Monthly Insights (August 2019)
- “Beating the Odds in IPRs,” Author, Osha Liang LLP Monthly Insights (January 2019)
- “PTAB Updates,” Speaker, The State Bar of Texas Advanced Patent Litigation CLE Program (July 2019)
- “PTAB Strategies,” Speaker, 2019 AIPLA Roadshow on USPTO Patent Practice and Proceedings – Houston (April 2019)
- “Introduction to Intellectual Property: What Every Business Owner, Consultant, and Non-IP Lawyer Needs to Know about Patents, Copyrights, Trademarks, and Trade Secrets,” Speaker, Osha Liang IP Seminar, Houston, Texas (June 2018)
- “A Panorama on Preliminary Injunctions (U.S., France, Germany, Netherlands, UK and UPC) – U.S. Trade Shows,” Speaker, IPO European Practice Committee Meeting, Paris, France (May 2017)
- “Engineering Intellectual Property,” Speaker, ASME South Texas Section, Houston, Texas (March 2017)
- “Ready for Your Next Trade Show? The TRO Trend Continues,” Co-author, Law360 (November 2016)
- “Cuozzo: Long Live IPRs,” co-author, Fall 2016 edition (Vol. 25, No. 2) of Bright Ideas, the quarterly publication of the Intellectual Property Law Section of the New York State Bar Association (September 2016)
- “The Hottest Product At Your Next Trade Show — A TRO,” Co-author, Law360 (March 2016)
- “Post Grant Oppositions: A Game Changer?,” AIPPI World Congress, Rio de Janeiro, Brazil (October 2015)
- “Post-Grant PTAB Litigation (including Inter Partes Review) Strategies and Tactics,” Mountain View, California (May 2015)
- “Design Patent Law Update,” Sunnyvale, California (May 2015)
- “Getting Down and Dirty with the USPTO,” Conference Speaker, Intellectual Property Law Section of the State Bar of California (February 2015)
- “Consider My Intellect! Intellectual Property Issues in Today’s World,” ASME, Houston, Texas (December 2014)
- “Practical Guide to CBM Proceedings,” IPO SBM Committee (May 2014)
- “Real World IPR 2014,” Private IP counsel Workshop (April 2014)
- “Reducing Risk: Trade Secret and Business Tort Litigation,” Houston Technology Center Ignition Workshops (2012, 2013, and 2014)
- “Apple Inc. v. Samsung Electronics Co.,” AMPPI, Cancun, Mexico (March 2014)
- “What the Brochures Don’t Tell You About Law School,” Texas Tech University’s Honors College (2010)
- “The contribution of display size and dichogamy to potential geitonogamy in Campanula americana,” co-author, International Journal of Plant Sciences 163: 133-139 (2002)