James Loughlin Duncan III is an experienced trial lawyer whose practice encompasses all aspects of intellectual property (IP) protection, with a focus on complex patent and trade secret litigation, as well as technology-related antitrust matters.

Practice & Background

Mr. Duncan has experience in all aspects of IP litigation, including examination of witnesses at trial, depositions, claim construction proceedings, summary judgment and appeals. Along with patent litigation, Mr. Duncan also focuses his practice on trade secret and trademark litigation, as well as antitrust litigation involving technology and IP. Mr. Duncan’s litigation experience involves a diverse group of clients, including clients in the telecommunications, medical device, biotechnology, energy, Internet software, digital television, computer hardware and software, automotive and chemical industries.

In addition to litigation, Mr. Duncan has experience providing strategic IP guidance and counseling; licensing and assignment of patents, trademarks, copyrights and other intellectual property; inter partes review proceedings; and opposition proceedings before the European Patent Office. Mr. Duncan is also involved in providing pro bono legal services to the community, particularly in representing clients with Violence Against Women actions and asylum proceedings.

Before entering law school, Mr. Duncan was a process and project engineer for Cytec Industries, Inc. He received his B.S. in chemical engineering (with a focus in biomedical engineering) and a minor in international affairs from the Georgia Institute of Technology in 2003. Mr. Duncan is a member of the Nancy Atlas Intellectual Property Inn of Court, the Garland R. Walker American Inn of Court, American Bar Association, Houston Bar Association, Houston Young Lawyers Association, Federal Bar Association, American Bar Association and American Intellectual Property Law Association.

Representative Matters

Mr. Duncan’s recent experience includes:

  • defending a leading animal genetics company in complex litigation involving claims of antitrust, patent infringement, trade secret misappropriation and breach of contract, resulting in a favorable verdict (W.D. Wis.)
  • securing a favorable settlement and dismissal on behalf of leading ophthalmic medical device companies in patent litigation involving femtosecond laser technologies (C.D. Cal.)
  • advising a client in the acquisition of a petrochemical plant and all necessary IP rights
  • securing a favorable settlement on behalf of a worldwide textile manufacturer in a dispute involving stretch-denim technologies
  • securing a favorable settlement and dismissal for a major data management company in patent litigation involving user authentication and targeted advertising (E.D. Tex.)
  • securing summary judgment of noninfringement, and dismissal of subsequent litigation based on res judicata, for a major telecommunications provider in multiple patent litigations involving optimization of cellular data transfer (N.D. Cal. and E.D. Tex.).
  • defending an international manufacturer of solid state drives in patent litigation involving nonvolatile semiconductor memory devices (E.D. Tex.)
  • obtaining summary judgment of noninfringement for a leading seller of digital televisions in patent litigation involving accelerated Java hardware and software (N.D. Cal.)
  • defending a leading seller of digital televisions in patent litigation involving decoding digital television broadcast signals (D. Mass)
  • securing a favorable settlement and dismissal on behalf of a major Internet and mobile phone advertisement provider in patent litigation involving targeted advertising systems and data transfer in mobile phones (N.D. Tex.)
  • defending an international manufacturer of medical devices in patent litigation related to cardiac-catheter technology (W.D. Ok.)
  • defending an oil and gas company in patent litigation involving drilling-tool technology (S.D. Tex.)
  • securing a favorable settlement and dismissal on behalf of a leading telecommunications provider in patent litigation involving data transfer in mobile phones (N.D. Tex.)
  • representing a global medical device company and a top-ranked university in multiple patent infringement suits against competing global medical device manufacturers (W.D. Tex.)
  • securing a dismissal on behalf of a leading railway company in a patent infringement suit related to software for customer service management and tracking (S.D. Fla.)
  • securing a favorable settlement on behalf of an automobile components manufacturer in patent litigation involving heavy-duty truck and trailer suspension systems (N.D. Ill.)
  • providing long-term strategic counseling and advice for one of the top ophthalmic medical device companies, focusing on refractive medical devices, lasers and lenses
  • defending an ice cream manufacturer in trademark litigation (S.D. Tex.)
  • representing an inmate in civil rights litigation against prison guards (E.D. Tex.).

Community Involvement

  • Georgia Tech Mentorship Program
  • Leadership Council on Legal Diversity Mentorship Program.

Awards & Accolades

  • recognized as a Texas Rising Starby Super Lawyers (2016, 2017)
  • Fellow of the Texas Bar Foundation
  • Houston Pro Bono Counsel of the Year (2016).