Albert B. Deaver, Jr.
Managing Principal

For over 25 years, Al has focused his efforts on maximizing the benefits of acquiring, enforcing and defending IP rights. He is an experienced IP trial lawyer—having successfully handled numerous patent, trademark, trade secret, copyright and technology contract disputes—as well as a distinguished patent lawyer. His professional recognitions include a designation as a “Leading Individual” in intellectual property law by Chambers USA in 2014 through 2016 and listing by Woodward White in Best Lawyers® in America in 2014 through 2017.

Contact Card  |  (713) 800-5703  |  adeaver@smd-iplaw.com

 
. . . he is an ‘excellent attorney who clearly understands the business needs of his client and is able to explain complex technical issues clearly to the court.’
— Chambers USA
 

Detailed background

Al Deaver’s courtroom experience covers a wide range of industries and technologies.  For example, in Solid State Storage Solutions v. STEC, Inc. et al. (E.D. Tex. 2011), he represented Texas Memory Systems in a multi-defendant, multi-patent infringement action concerning flash memory technologies.

In Appleton v. Frank’s Casing Crew and Rental Tools, Inc. (E.D. Tex. 2008) and Frank’s Casing Crew and Rental Tools, Inc. v. Tesco Corp. (E.D. Tex. 2007), Al represented an intervening inventor in this patent dispute concerning internal gripping casing hangers. The case settled favorably to our client.

Al has experience in the specialized filed of architectural copyrights. In Looney Ricks Kiss Architects v. Bryan et al. (W.D. La. 2007), Al represented an apartment owner in an architectural works copyright infringement action. Al was able to secure a favorable settlement for our client prior to trial.

Other examples of Al’s wide-ranging experience include:

X-Tra Light Mfg., Inc. v. Acuity Brands, Inc. (S D. Tex. 2005). Al  and Bob McAughan tried this patent infringement case concerning fluorescent lighting fixtures to favorable jury verdict in 2006.

Ridge Tool Company v. Reed Mfg. Co. (N.D. Ohio 2004). A temporary injunction was granted against continued infringement in this trade dress case concerning the Ridgid® Model 300 pipe threader.

Quality Tubing, Inc. v. Precision Tube Technology, Inc. (S.D. Tex 1992). After obtaining pioneering patents on continuous lengths of coiled tubing, Al successfully enforced those patents against a former-employee startup, which included a summary judgment of infringement and a royalty-bearing license.

Eli Lilly and Co. v. Medtronic, Inc. (U.S. 1990). Al was part of the team that successfully defended at the Supreme Court the Federal Circuit’s holding that the FDA infringement safe harbor (35 USC 271(e)) applied to medical devices. 915 F.2d 670 (Fed. Cir.), aff’d, 496 U.S. 661 (1990).

Al is registered to practice before the U.S. Patent and Trademark Office and works with select clients on developing and protecting commercially significant inventions in the electrical, mechanical, and electro-mechanical areas. He counsels individual clients on a range of issues, including IP audits and due diligence procedures, IP management systems, and IP contracts, licenses, employee agreements, non-disclosure agreements, development agreements, and other IP-related business issues.

Al earned a B.S. in Mechanical Engineering from Texas A&M University in 1984, and practiced as a Consulting Engineer in metallurgy and stress analysis from 1984 to 1988. He was licensed as a Registered Professional Engineer (Texas) in 1988.

Al received a J.D. from the South Texas College of Law in 1989, where he was a member of the South Texas Law Review and the Order of the Lytae. Al began his legal career in 1988 as a law clerk with Arnold White & Durkee P.C. (later Howrey, LLP), a Nationally recognized IP boutique law firm. In 1992, Al and Mike Sutton opened the Houston office of Fish & Richardson, P.C. After returning to Arnold, White & Durkee in 1998, Al and Bob McAughan joined Mike Sutton at Locke Lord LLP in 2004. While at Locke Lord, Al was the firm-wide head of the Intellectual Property Transactional Section. Al is the Managing Partner for Sutton McAughan Deaver, PLLC.

Education

J.D., South Texas, 1989, Order of the Lytae, South Texas Law Review

B.S., Texas A&M, 1984, Mechanical Engineering

Professional Activities

Claim Drafting Instructor, University of Houston Intellectual Property Law Institute's Patent Bar Review Course, 1992-1998

Professional Affiliations

American Intellectual Property Law Association

Houston Intellectual Property Law Association

Houston Bar Association

Houston Bar Foundation, Fellow

Bar Admissions

Texas, 1989

United States Patent and Trademark Office, 1990

Professional Recognition

Martindale-Hubbell® AV Preeminent® Peer Review Rated

Chambers USA, Leading Intellectual Property Lawyer in Texas (2014 - '17)

Texas Super Lawyers® (Thompson Reuters) (2013 - ’16)

Best Lawyers® in America (Woodward/White), Patent Law, Litigation - Patent, Litigation - Intellectual Property (2014 - ’17)

Texas' Top Rated Lawyers® (ALM Media) (2012 - ’16)


  * "Super Lawyers®" is a publication of Thompson Reuters and has included Mr. Deaver each year from 2013 to 2016; "Best Lawyers®" is a publication of Woodward White and has included Mr. Deaver each year from 2014 to 2016; "Texas' Top Rated Lawyers®" is a publication of ALM Media and The American Lawyer magazine, and has included Mr. Deaver each year from 2012 to 2016.

 

* "Super Lawyers®" is a publication of Thompson Reuters and has included Mr. Deaver each year from 2013 to 2016; "Best Lawyers®" is a publication of Woodward White and has included Mr. Deaver each year from 2014 to 2016; "Texas' Top Rated Lawyers®" is a publication of ALM Media and The American Lawyer magazine, and has included Mr. Deaver each year from 2012 to 2016.