Thirteen days after an oilfield services company was served with a lawsuit and a temporary restraining order, AZA Law had the company dropped from the case entirely. The speed is the story. Trade secret suits that open with a TRO usually settle into months of litigation before any defendant escapes.
The client, Hondo Resources LLC, provides water transfer services for drilling and fracking operations. In late May 2026, a direct competitor, Clearwater Resources, and its lender, Texas Capital Bank, sued Hondo in Lubbock County, accusing it of conspiring with Clearwater employees to steal job projects Clearwater was performing for an energy major.
Clearwater's complaint stacked the charges. It asserted claims against Hondo and two Clearwater employees for tortious interference with contract, conversion, unjust enrichment, theft of trade secrets, and violation of Texas theft laws. A Lubbock judge issued a temporary restraining order enjoining the defendants from a list of alleged activities.
A TRO is the opening move in this kind of case. Under Texas procedure, it can be granted quickly, often without the defendant present, and it freezes conduct until the court holds a hearing on a temporary injunction that would last through trial. For a business accused of stealing a competitor's work, the injunction hearing is the moment that matters. Lose it, and the company operates under court-ordered restrictions for the length of the litigation. The defendant's job in the days between the TRO and that hearing is to assemble enough evidence to keep the injunction from issuing.
Hondo hired AZA after the TRO came down.
Rather than settle in for a long fight, AZA moved fast and offensively. The firm sought discovery designed to disprove the plaintiffs' claims ahead of the injunction hearing, challenged Clearwater's discovery responses, and filed to compel the production it wanted. The pressure forced the issue. The evening before a required deposition, the plaintiffs dropped the lawsuit against AZA's client. The case against a Clearwater employee still stands.
"It took us only 13 days after our client was served with the lawsuit and TRO to obtain dismissal of all claims asserted against it. It was a terrific result," said Jordan Warshauer, the lead lawyer, who handled the case with Todd Mensing and Nicholas Petree.
The sequence matters. The plaintiffs withdrew on the eve of a deposition, after AZA had pushed for the discovery that would test the allegations under oath. A party confident in its trade secret claim does not typically drop it the night before it gets to question the defendant. The timing suggests the claims could not survive the scrutiny that AZA's discovery campaign was about to apply.
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Texas trade secret claims run under the Texas Uniform Trade Secrets Act, codified at Chapter 134A of the Civil Practice and Remedies Code. The statute lets a plaintiff seek injunctive relief and damages, but it also requires the plaintiff to identify an actual trade secret and show misappropriation. Those requirements are easy to allege and harder to prove, which is why the early phase of a case carries so much weight.
A plaintiff who obtains a TRO holds the initiative for a short window. If the defendant can use that window to demand the specifics, what exactly was taken, how it qualifies as a trade secret, what evidence ties the defendant to the alleged theft, the plaintiff has to either produce proof or retreat. Expedited discovery turns a one-sided TRO into a two-sided contest before the injunction hearing locks in restrictions.
The Hondo result is a clean example. AZA did not wait for the plaintiffs to set the pace. It pushed discovery, contested the responses, and forced a deposition that the plaintiffs apparently preferred to avoid. The defense worked because it compressed the timeline rather than extending it.
For companies in competitive industries, the case is a reminder that the response to a trade secret suit is often decided in its first two weeks. A defendant that treats a TRO as the start of a long siege cedes the initiative. A defendant that immediately tests the plaintiff's proof can sometimes end the case before the cost and the court-ordered restrictions accumulate.
The result also reflects how AZA approaches this work. The firm lists trade secrets and covenants not to compete among its practice areas and handles the disputes on both sides. The Hondo defense paired aggressive discovery with a willingness to head toward a hearing rather than away from it, the same trial-forward posture the firm brings to its larger commercial matters. The difference here is that the posture ended the case in 13 days rather than winning it at trial.
Whether you own a small business that recently launched its first invention or you’re a long-time patent holder, avoiding patent infringement is crucial for any inventor. Fortunately, there are plenty of measures you can take to prevent being accused of patent infringement. Learn more about how to protect yourself and your invention from patent infringement problems with these simple tips.
Avoiding patent infringement problems begins at the very early stages of the patent application process. In fact, even before any patent application is filed, you should start conducting searches to make sure you are not infringing on anyone else’s intellectual property rights. Doing so will allow you to eliminate infringing elements of your invention before it’s too late. Overall, investing time, money, and effort into doing your due diligence from the get-go will pay off in the long run.
Patent clearance searches, also known as the freedom to operate searches or FTOs, review existing, pending, and expired patents to determine whether some component or process of a product has already been patented. Since one of the main requirements for patentability is novelty, making sure your invention has not been created in the past is a key step in the patent application process. Moreover, as long as your FTO search comes out clean, you’ll have peace of mind that you won’t be sued for infringing on someone else’s rights.
If you are aware of the legal dangers of patent infringement, you are likely to be extra cautious when it comes to respecting other people’s intellectual property rights. Being accused of patent infringement can have grave consequences. You may be forced to pay damages, including lost profits and royalties as well as attorney fees. In some cases, you may be faced with a permanent injunction that forces you to cease the use of your patent immediately.
A patent claim stipulates the exact features of an invention that will be shielded from infringement. Further, patent infringement is committed by making, using, or selling something that contains elements of a patented claim without permission from the patent owner and while the patent is still in effect. Understanding the components of a patent claim can give you a better idea regarding what to avoid when it comes to parenting your own invention. Keep in mind that even if you add an additional feature that is not included on the original patent, if your application includes all of the relevant features of the patent claim, you could be sued for infringement.
In some cases, one may be held liable for patent infringement even if he or she did not actively participate in infringing activities. This concept is known as contributory infringement. According to these laws, a business may be sued for infringement if it gives other people access to a product that infringes on another person’s patent rights. Avoid contributory infringement by conducting extensive research on the products you sell, market and otherwise associate your business with.
It is a common misconception that pretending to be unaware of an existing patent will prevent you from being sued for infringement. In reality, intentionally avoiding becoming aware of a patent of a competitor can still result in an infringement suit. Carry out proper prior art and clearance searches and act accordingly if you find that your product infringes on another patent. Doing so is key in steering clear of a patent infringement lawsuit.
If you have been accused of patent infringement, there are several defenses available at your disposal. One of the most common defenses to patent infringement is that the original patent is not valid. This may be due to the fact that the patent holder was dishonest on the application, the application features wrong or misleading information, or that someone used the patented item for illegal activity. Detecting one of these issues can lead to the plaintiff dropping the patent infringement claim against you. Consider having your attorney examine the original application for these errors.
Remember: anyone can get sued for patent infringement. Individuals, small businesses and massive corporations are not immune to the dangers of patent infringement claims. Maintaining the “it will never happen to me” mindset can be detrimental in the long run, and cause you to take risks that increase your chances of being served with a patent infringement claim.
Being accused of patent infringement is no joke, and it is not an issue that should be faced without proper legal representation. If you have been served with a patent infringement claim, or if you are simply looking for more ways to protect yourself against patent infringement problems, contact one of our professional intellectual property attorneys as soon as possible. Your lawyer will be able to help you navigate through these issues with ease.
There is nothing more exciting than creating your very own invention. However, if you want to pursue inventing as more than a hobby, it is imperative that you learn about all of the important legal details regarding inventions. Although patents can be quite complicated, there are a few guidelines to keep in mind that will help you navigate the patenting process. Here is a list of our top 10 patent tips for inventors and creators.
Any successful inventor will tell you that the key to pursuing your patent dreams is loving what you do and being enthusiastic about your goals. Creating a new invention is not a simple task, and the process becomes even more complex when it becomes time to apply for a patent. Having a passion for your invention is crucial, especially considering the amount of time you will spend on it.
Before going any further with your invention, start creating an organized record of the invention. The record should include a clear description of the idea, the date, your signature, and the signatures of two witnesses. In the event that your patent application is rejected or you have discovered that someone has infringed only our patent rights, a record of the invention can often serve as proof that you are the rightful owner of your invention.
Suppose you have come up with an idea for an incredible, groundbreaking invention. It’s time to act fast since ideas are not patentable! In fact, in the United States, there is no effective way to protect an idea with any form of intellectual property protection. Instead, patents are used to safeguard tangible forms of an idea or creation. It is for this reason that it is highly recommended to put your idea in a physical form as soon as possible. This will get you a step closer to registering your patent and receiving federal protection. Moreover, a tangible model will make it easier to pitch your invention to developers and investors.
Before your invention becomes officially patented, it is imperative to put legal measures in place to prevent someone else from stealing the idea for your invention. If you intend on exposing confidential information about your invention to a third party, a Non-Disclosure Agreement is key. These contracts, also known as NDAs or confidentiality agreements, are legally binding agreements that certain information will remain confidential. NDAs prohibit signing parties from disclosing information about the invention or using information about the invention to start a competing company.
Patent clearance searches, also known as freedom to operate searches or FTO searches, are used to determine whether an invention will infringe upon the rights of an already existing patent. Since the United States Patent and Trademark Office (USPTO) will only grant one patent per invention, patent searches are an essential step in the patent application process. Searches minimize the chances that you will be sued for patent infringement. Further, they provide significant details regarding the patentability of your invention.
While you are busy perfecting the final touches of your state-of-the-art invention, filing a patent application might be the last item on your “to do” list. Nonetheless, try not to wait too long to file your patent application. Firstly, you have just one year from the date you made your invention public to file for a patent. Secondly, the U.S. patent system operates on a first to file basis, which means that patent rights will go to whoever first filed their application with the USPTO. Win the race for patent protection by filing your application as soon as you possibly can.
Applying for a patent is a legal process that involves a number of strict deadlines. Aside from the one year deadline for patent application listed above, you also have a limited amount of time to respond to patent Office Actions, pay maintenance fees and more. Unjustifiable delays in the process can lead to abandonment of your patent for failure to reply within a specified time period.
Planning on patenting your invention in more than one country? You may want to consider using the Patent Prosecution Highway, or PPH. Patent offices participating in the PPH have come to a collective agreement stating that when an applicant has been approved for at least one of their claims from a patent office, the applicant is eligible for a fast-track examination of corresponding claims in patent application pending in another patent office. As of 2022, more than 30 offices in 22 countries have joined the PPH. Its main participants include the USPTO, the European Patent Office (EPO), the Chinese Patent Office (SIPO) and the Japan Patent Office (JPO).
Receiving patent protection does not happen overnight. The average amount of time it takes to obtain a design patent is between one to two years. When it comes to utility patents, it may take up to 5 years to receive official approval from the actual filing date. Nevertheless, there is no guarantee that you will be granted patent approval within a certain amount of time. This is a situation that requires plenty of patience.
Keep your focus on perfecting your new invention and leave the legal work to a skilled patent attorney. After all, patent law is a highly technical legal field and drafting a patent application on your own can be incredibly difficult, even for the most simple of inventions. Contact one of our top intellectual property attorneys today and get on the fast track to federal protection for your invention.
It's a very slippery slope when it comes to copyright infringement in the United States. Nonetheless, being accused of copyright infringement is a serious issue that should be avoided at all costs. Here are our top tips to keep in mind regarding how to prevent copyright infringement claims.
Once you understand a bit more about what copyright laws protect, you will be able to better understand how to avoid being sued for copyright infringement. Firstly, you may want to consider familiarizing yourself with some of the basic copyright laws in the U.S, such as the U.S. Copyright Act of 1970. You should also look into some of the types of works that copyright laws protect, such as literary works, musical works, dramatic works, architectural works and more.
If you want to avoid being faced with a copyright infringement lawsuit, do not use anyone else’s content without their explicit authorization. Licensing agreements are often necessary in order to properly and lawfully use someone else’s content. In some cases, it may be enough to simply send an email or message to the owner of the content asking for consent. Although it may seem excessive to ask for permission every time you want to use or share someone else’s material, doing so can allow you to steer clear of costly lawsuits in the future.
Copyright laws protect works of unique expression. That’s why creating original content is key to avoiding copyright infringement claims. As long as you have made completely unique content that has not been created in the past, it is safe to say you will not have to worry about a copyright infringement lawsuit. Before releasing your work to the public, it may be helpful to conduct a prior work search to make sure the creation has not been done before.
Some content creators charge a fee for others to use their work. Purchasing content is a great way to ensure that you are not infringing upon someone else’s copyrights.
You might be hesitant when it comes to shelling out cash to use someone else’s content. However, you should remember that it will almost always be cheaper than paying thousands in legal fees if you get accused of copyright infringement. A few popular websites that you can buy content from include Shutterstock, Bigstock and iStock.
As a general rule, social media pages and other websites often have certain guidelines regarding illegal use of copyrighted content. These rules tend to differ depending on a number of factors, but a version of these guidelines can be found on every social media platform such as on Facebook, Instagram and Twitter. In some cases, these rules may be written in complex legal language that is difficult to understand. You may want to seek the assistance of a professional copyright attorney to help you review these guidelines.
Technically, anything you see or read on the Internet has been copyrighted by default simply because it was created by someone else. Therefore, even if you stumbled upon content on the Internet without a citation or watermark, it still belongs to someone else. Whether you benefited financially or not, copying, reproducing, or displaying someone else’s work from the Internet can be considered copyright infringement.
If you want to use a photograph from the Internet but are not interested in paying for it, you should use royalty-free images. While there is still a copyright in place, owners of royalty-free images choose not to enforce their rights to seek revenue. As a result, these images have no copyright restrictions. Popular websites such as Pixabay, Wikimedia Commons and Pexels offer royalty-free image options.
Even if you did not intend to infringe on someone else’s copyrights, you can still get sued for it. It is for this reason that you should always check your work for plagiarism and in any case, use reliable sources. Often, illegitimate sources may contain infringing material that you may not be aware of.
Blog posts, open-source dictionaries and other crowd-sourced websites should generally be avoided. Instead, try to use books and articles from reputable publications.
Fortunately, the U.S. government offers a tiny loophole when it comes to using someone else’s work. Fair use of copyright is a doctrine in the United States that allows limited use of copyrighted material without needing to acquire permission from the copyright holder. Criticism, commentary, research and news reporting are common examples of fair use of copyright. As long as your use of the copyright falls under one of those categories, you should be able to avoid infringement claims.
Proper documentation can be a lifesaver when it comes to defending against a copyright infringement claim. Using citations, keeping source lists and saving drafts and emails is a great way to prove that you are the rightful owner of your creative work. Moreover, if you have licensing agreements or other documentation proving your right to use certain copyrighted materials, keep them easily accessible. After all, a copyright infringement claim would be much more difficult to prove if you have written permission to use the material.
Copyright refers to the legal ownership of certain types of intellectual property. Simply put, copyright can be defined as the right to copy. According to copyright law, only the original creator of particular works as well as anyone with authorization is allowed to reproduce that work. Moreover, in order to qualify for copyright protection, works must be original and fixed in a tangible form.
United States intellectual property law states that copyright protects “original works of authorship.” But what does that actually mean in reality? In this article, we'll discuss some of the most common types of works that can be protected by copyright.
Suppose you have written a beautiful poem that you want to protect from infringement by other authors. You may want to consider copyright protection for your poem. According to the U.S. Copyright Office, copyright law protects an extremely wide range of literary works, including books, newspaper articles, blog posts, essays and poems. Moreover, since the term “literary works” includes any work “expressed in words, numbers, or other verbal and numerical symbols,” computer codes and software also fall under this category.
Copyright laws protect musical works, including both the musical notation and accompanying words. As long as a song is original and fixed in tangible form, such as on sheet music, a tape or on a computer, it is copyrighted. It is not necessary to register musical works with the U.S. Copyright Office, although doing so is highly recommended.
Songwriters might be experts when it comes to writing lyrics and creating melodies, but they may not be aware of the legal aspects relating to musical composition. This is when it can be especially helpful to work with an experienced copyright attorney.
Almost all dramatic works are covered by copyright, including plays, operas, TV or movie scripts, and screenplays along with any accompanying music. In other words, whether the work is performed on stage or on film, directly before an audience or indirectly “by means of any device or process,” it can be protected by U.S. copyright laws. The law protects the original creator of these works by prohibiting others from reproducing the copyrighted work, preparing derivative works based upon the copyrighted work and performing the work publicly, including by means of digital audio transmission.
This category relates to the protection of works that include “the composition and arrangement of dance moves and patterns, usually accompanied by music.” This includes dances, ballets, and mime performances. In order to qualify for legal protection, the work must be expressed in a tangible form, such as through photographs, video or written descriptions.
It should be noted, however, that there are several limitations involved in this category. Popular dance steps are not included in this type of work. Further, social or cultural dances cannot be copyrighted.
United States intellectual property law safeguards pictorial, graphic and sculptural works, such as paintings, drawings, maps, sculptures, photographs and digital illustrations. Any two or three dimensional works of arts that are expressed in fine, graphic and applied art are eligible for copyright protection.
The Copyright Act restricts the protection of utilitarian aspects of such works. This means that the design of a useful object typically cannot be safeguarded by copyright law. The pictorial, graphic, or sculptural work must have a component that is separable and capable of independently existing from the useful object it may depict.
Movies or other audiovisual work that “consists of a series of related images accompanied by sounds that are shown by machines such as projectors and viewers” are covered by copyright law. Online videos, television shoes, video games, animations and slideshows are also included. The work must have a visual component to qualify as a motion picture or audiovisual work. Nevertheless, having an audio component is not a necessary requirement. Therefore, a silent movie would still be covered by copyright law.
Certain sound recordings are included in copyright laws when they are considered a fixation of a series of musical, spoken or other sounds but do not accompany a motion picture. Common examples of sound recordings are audio recording of a person singing a song or playing a musical instrument, a group of people hosting a podcast, and a person reading a book or delivering a lecture. A person speaking, water flowing, a bird singing or other sounds from the natural word can also be copyrighted, assuming that the recording contains a production authorship aspect.
As defined by U.S federal law, architectural works refer to the “design of a building as embodied in any tangible medium of expression, including a building, architectural plans or drawings.” The architectural work must be humanly habitable with intent to be both permanent or stationary. Examples of work that fall under this category include houses, apartment buildings, office buildings, churches and museums. Copyright also preserves unconstructed architectural works in the form of unpublished plans or drawings.
