Patent & Commercial Litigation
Based in Tyler, Texas, attorneys at Negem & Worthington represent clients in a range of litigation matters, including commercial litigation, patent infringement, breach of contract, and insurance bad faith claims. To find out how we can help with your litigation matter, contact us today for a free case review.
Commercial litigation often involves sophisticated legal issues, high financial stakes, and the competing interests of several businesses. At Negem & Worthington, we understand that defendants with deep pockets may rely on their vast resources to discourage plaintiffs from pursuing claims; we focus our efforts on minimizing the effects of the dispute on our clients' day-to-day operations by resolving even the most complex disputes as swiftly as possible. Our extensive commercial litigation experience includes:
- Misuse of another's intellectual property, including patents, copyrights, trademarks, and trade secrets
- Fraud and deceptive business practices
- Employer/employee disputes
- Breach of contract
- Non-competition agreements
Establishing patent infringement often requires weaving together elements of law, design, technology, and science to establish whether an individual or business improperly made, used, or sold your patented product or method. We can help you conclusively prove that infringement occurred and sue for relief in federal court on your behalf. A successful patent infringement suit results in an injunction, meaning that the defendant must stop the infringing activity, and/or pay damages based on either a reasonable royalty rate or lost profits (whichever is larger). If the court finds that the infringement was deliberate, it may also award punitive damages, which can be up to three times the amount of financial damages that may be rewarded.
Breach of Contract
People and businesses enter into contracts on a daily basis. If a party to a contract fails to honor promises under the contract's terms or has shown through words or conduct that it will not honor its obligations, that party may be liable for breach of contract. There are several different types of contractual breaches, including:
- Minor breach - In the case of a minor breach (sometimes referred to as a partial or immaterial breach), the non-breaching party may receive monetary compensation based on the actual amount of damages stemming from the breach; however, the non-breaching party cannot force the breaching party to perform the terms of the contract if the breach does not materially affect the outcome of the contract.
- Material breach - With a material breach, the non-breaching party may force the breaching party to perform its promises under the contract. Specific criteria determine if failure to honor a contractual term constitutes a material breach, including, but not limited to, the extent to which the non-breaching party will be deprived of its reasonably expected benefit; the extent to which the non-breaching party can be adequately compensated for the benefit that the breaching party failed to deliver; and the extent to which the breaching party will suffer forfeiture.
- Anticipatory breach - If a party to a contract reneges on its obligations under the contract, the non-breaching party is not required to perform its obligations, and the breaching party cannot demand performance (such as payment for partial work).
- Fundamental breach - If the breach is absolutely fundamental to the central benefit of a contract, the injured party may terminate performance of the contract and sue for compensatory damages.
Insurance Bad Faith
Under Texas law, insurance companies owe a duty of good faith and fair dealing to the people whom they insure. This duty requires insurance companies to pay legitimate claims properly and promptly; and furthermore, insurance companies cannot refuse, discount, or delay payment of legitimate claims. If your insurance company fails to perform according to the terms of your policy, you may be entitled to compensation, and potentially, punitive damages. Going up against an insurance company requires the support of a diligent, aggressive attorney. At Negem & Worthington, we have extensive experience representing the victims of wrongful denial of claims, and are not intimidated by the size or resources of the insurance companies responsible.