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Jeffrey A. Tinker
Biography

Jeff Tinker’s practice focuses on patent, copyright, and trademark law. He has experience in U.S. and foreign patent and trademark application preparation and prosecution. Jeff has extensive experience negotiating intellectual property licenses, filing and defending reexaminations, oppositions, and cancellations at the USPTO, and has represented both plaintiffs and defendants in a variety of law suits involving intellectual property rights.


In addition to patent and trademark prosecution, Jeff regularly performs due diligence studies of intellectual property assets, including analyzing patent and trademark portfolios, conducting patent and trademark searches, and preparing opinions regarding infringement and validity. His practice also involves counseling clients and negotiating a wide array of IP and IT agreements, including patent and trademark licenses, manufacturing agreements, software licenses, and technology services agreements. He also advises clients in a wide range of compliance-related issues that companies face when doing business in the US, such as FDA and FTC advertising and labelling requirements, open-source software licensing, and privacy issues related to the collection and use of PII and PHI under HIPAA and state laws; and abroad, including export controls governing encrypted software, FCPA issues when bidding on contracts, and privacy issues under the GDPR and PIPEDA when importing data into the US.



Education

  • J.D., cum laude, Southern Methodist University Dedman School of Law, 2007
  • B.S., Electrical Engineering, Texas A&M University, 2002

Admissions

  • State Bar of Texas
  • United States Patent and Trademark Office
  • United States District Court for the Northern, Southern, Eastern, and Western Districts of Texas
  • United States Court of Appeals, Federal Circuit

Related Industry

Representative Matters
  • In 2019, obtained a non-infringement verdict for a defendant in a jury trial in the Eastern District of Texas.
  • In 2018, obtained a no-fee dismissal with prejudice for a defendant in a trademark cancellation proceeding at the USPTO.
  • In 2017, obtained early dismissal of a patent infringement case filed against a shopping mall. The patent covered ineligible subject matter relating to features on the mall’s website. 
  • In 2016, negotiated a co-existence agreement with a Major League Baseball team for a client. 
  • In 2015, was appointed as a Special Assistant Attorney General for the State of Michigan in a dispute between the State of Michigan and a Fortune 100 company related to a multi-million dollar software development contract.
  • 2014-2017, negotiated contracts for IT services for a Fortune 100 company.
  • In 2013, won an arbitration award against a Fortune 500 company in a dispute over a patent license agreement. 
  • In charge of open source software license compliance as part of several mergers and acquisitions, including in an acquisition of a client by a Fortune 10 company
  • 2010-2018, assisted dozens of property management companies with their music licenses, including four of the ten largest in the U.S.
  • Obtained no-fee dismissal in several copyright infringement suits filed against apartment communities.
Noteworthy
  • Texas Rising Star, Thomson Reuters, 2010
  • Black Duck® Certified by Black Duck Software, Inc., 2014
  • Named one of the “Best Lawyers in Dallas” by D Magazine, 2019 and 2021
Activities & Memberships
  • American Intellectual Property Law Association (AIPLA)
  • International Trademark Association (INTA)
  • American Bar Association, Intellectual Property Division
  • Texas Aggie Bar Association
  • Dallas Bar Association
  • State Bar of Texas, Native American Law Section
  • National Native American Bar Association
Presentations
  • "Latest Trends in Music Licensing at Apartment Communities," National Apartment Association (NAA) General Counsel Group, June 13, 2019
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