Contact Information

Email: bwunder@fulkersonlotz.com
Phone: 713.654.5824
Fax: 713.654.5801
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Professional Biography

  • Fulkerson Lotz L.L.P.
    • Of Counsel 2018-present

Brian came to Fulkerson Lotz after leaving Andrews Kurth Kenyon, where he was an intellectual property trial lawyer. Brian has more than two decades of “first chair” trial experience in federal and state courts, as well as before the U.S. International Trade Commission. Brian practices primarily in the intellectual property domain, engaged in IP litigation and counseling. This includes patent, copyright, trademark and trade secrets. Brian also has extensive commercial litigation experience, including tortious interference, fraud, securities fraud, breach of contract and breach of fiduciary cases. Other litigation experience includes products liability matters, mineral rights disputes, and medical malpractice defense.

Brian began his career at Baker & Botts where he was a member of the trial and appellate teams for Pennzoil Company in the famous Pennzoil Co. v. Texaco, Inc. case, a case that resulted in a $10.53 billion jury verdict for Pennzoil. Brian also served on the trial teams for Houston Lighting & Power in its lawsuits and administrative proceedings arising out of the construction of the South Texas Nuclear Project.

Brian’s matters in recent years have involved primarily complex technologies, including well control systems, managed pressure drilling equipment and software, hydraulic fracturing injection products and services, downhole pressure control software and equipment, other oilfield services, tools and tubulars, chemical engineering processes, medical devices, consumer electronics, computer software, digital storage media, cellular phones (including SMS-related inventions), residential water treatment systems and telemedicine systems and methods.

For a list of representative cases, click here.

Education

Indiana University, University of Texas at Austin (B.A.), Phi Kappa Phi, College Scholar

Baylor Law School, Baylor University (J.D., magna cum laude, Interscholastic Mock Trial Team.

Faculté de Theologie Réformée, Aix-en-Provence, France, auditeur libre, 1995 –1996.

Admissions to Practice

  • State of Texas
  • US Supreme Court
  • US Court of Appeals for the Federal Circuit
  • US Court of Appeals for the Fifth Circuit
  • US Court of Appeals for the Eighth Circuit
  • US District Court for the Southern District of Texas
  • US District Court for the Eastern District of Texas
  • US District Court for the Western District of Texas
  • US District Court for the Northern District of Texas

Languages

  • French (Premier Prix, Concours National de Français – Alliance Française – USA).
  • German

Professional Organizations

  • State Bar of Texas
  • Hon. Nancy F. Atlas Intellectual Property Inn of Court, “Master of the Bench”

Awards

  • AV® Preeminent™ Rating Martindale Hubbell
  • Named a Top Lawyer in Houston, Intellectual Property Rights, Houstonia Magazine (2016, 2017)

Publications

  • “Federal Trade Secrets Law Is Now a Reality,” Soulier Lawyering Newsletter (May 2016)
  • “Documenting Bona Fide Intent to Use a Mark,” Texas Lawyer (2011)
  • “Chapter 5: United States,” Trademark Opposition and Litigation in BRIC and NAFTA Countries (2010)

Personal Biography

Brian is married to Victoria, and they are proud parents to four children.  Brian is a home group leader in his church, and a volunteer musician at a hospice.  His hobbies include German and French, reading, travel, music, and photography.  Brian has three photographic prints in the permanent collection of the Museum of Fine Arts – Houston and has won prizes for his work in national photography competitions.  Brian had a regular gig playing guitar and singing French ballads at a French restaurant in Houston, and in 2016 was invited by the Consul General of France to perform a trio of French ballads at Europe Day at the Miller Outdoor Theater in Houston.

UHS of Delaware, Inc. v. United Health Services, Inc., Civil Action No. 1:12:CV-485, in the United States District Court for the Middle District of Pennsylvania (trademark infringement).

Emtel, Inc. v. MedAire, Inc., Civil Action No. H-11-3007, United States District Court for the Southern District of Texas – Houston Division (patent infringement, settled).

Energy Heating, LLC, et al. v. Heat On-the-Fly, LLC, No. 16-1559, -1893, -1894, in the United States Court of Appeals for the Federal Circuit (patent infringement).

Bayer Cropscience AG, et al. v. Dow Agrosciences LLC, et al., No. 2016-1530, -1623, in the United States Court of Appeals for the Federal Circuit (amicus brief).

Chaffin v. Braden, et al., No. 16-2572, in the United States Court of Appeals for the Federal Circuit (patent infringement).

Secure Drilling, L.P. and Secure Drilling International (Weatherford) v. Dr. Helio Mauricio Ribeiro Dos Santos, SafeKick Americas, LLC, and SafeKick Ltd., Cause No. 2014-06759, 269th Judicial District Court of Harris County, Texas (breach of non-compete, trade secrets and tortious interference action, settled).

Express Franchise Services, L.P. v. Job Express of Wyoming, Inc., Civil Action No. 4:15-CV-481, United States District Court for the Southern District of Texas – Houston Division (trademark infringement and Lanham Act action, settled).

Frontier Custom Builders, Inc. v. Shane Hewlett and Hewlett Custom Home Design, Inc., CA No. 4-14-cv-01291, United States District Court for the Southern District of Texas – Houston Division (copyright, settled).

Zhejiang Medicine Co., Ltd. and ZMC-USA L.L.C. v. Kaneka Corporation, CA No. 4:11-cv-1052, United States District Court for the Southern District of Texas – Houston Division (patent infringement action).

In the Matter of Certain Kinesiotherapy Devices and Components Thereof, Investigation No. 337-TA-823, United States International Trade Commission (patent infringement, won trial and obtained general exclusion order).

Aspen Technology, Inc. v. Tekin Kunt and M3 Technology, Inc., CA No. H-10-1127, United States District Court for the Southern District of Texas – Houston Division (copyright infringement, trade secrets, tortious interference).

Japan Medical Materials Co. v. CeramTec AG, CA No. 4:10-cv-00223, United States District Court for the Southern District of Texas – Houston Division (patent infringement, settled).

Canrig Drilling Technology, Ltd. v. Omron Oilfield and Marine, Inc., CA No. 6:09-cv-00414, United States District Court for the Eastern District of Texas – Tyler Division (patent infringement, settled).

Belfer Cosmetics, LLC v. Estee Lauder Inc., et al., CA No. H-10-3123, United States District Court for the Southern District of Texas – Houston Division (patent infringement, settled).

In the Matter of Certain Devices Having Elastomeric Gel and Components Thereof, United States International Trade Commission, Investigation No. 337-TA-732 (patent infringement, settled).

Interactive Life Forms, LLC v. California Exotic Novelties, Inc., et al., CA No. 1:10-cv-00484-LY, United States District Court for the Western District of Texas – Austin Division (patent infringement, settled).

Grant Prideco, L.P. v. HDD Rotary Sales, LLC and Superior Drillpipe Manufacturing, Inc., CA No. 4:09-cv-2721, United States District Court for the Southern District of Texas – Houston Division (patent infringement, settled).

Plant Automation Services, Inc. v. LimeWare Serivos de Software Ltda. a/k/a LimeWare Co., Inc., CA No. 4:09:CV-3091, United States District Court for the Southern District of Texas – Houston Division (copyright infringement, settled).

Buck’s, Inc. v. Buc-ee’s Ltd., CA No. 8:08-cv-00519, United States District Court for the District of Nebraska (trademark infringement, settled).

LG Electronics, Inc. v. Petters Group Worldwide, L.L.C., CA No. 5:08-cv-00163, United States District Court for the Eastern District of Texas – Texarkana Division (patent infringement, dismissed).

Pollution Denim & Co. v. Pollution Clothing Co., CA No. 07-05208 MMM, United States District Court for the Central District of California (trademark infringement, summary judgment and attorney’s fees award for defendant).

Kolos v. Water Standard (CI) L.P., Opposition No. 91181615, United States Patent and Trademark Office Before the Trademark Trial and Appeal Board (plaintiff’s opposition dismissed with prejudice).