Zach Oubre

Representative Experience

Intellectual Property – Litigation

• Obtained a defense verdict on behalf of a Tennessee-based boat manufacturer in an action brought by a competitor in the Eastern District of Tennessee. The trial involved two consolidated suits in which the competitor alleged infringement of multiple patents directed to surf wake systems and claimed entitlement to lost profits in excess of $10 million as well as a reasonable royalty and permanent injunction.  Obtained a directed verdict of noninfringement as to one patent during trial as well as a jury verdict of non-infringement and invalidity for the remaining two patents.
• Obtained jury verdict of nearly $6 million on behalf of a national manufacturer of oil and gas equipment in an action against a former executive and former distributor involving allegations of misappropriation of trade secrets, unfair competition, breach of contract, tortious interference, conversion, deceptive trade practices, and breach of fiduciary duties in the District Court of Washita County, Oklahoma.
• Successfully obtained summary judgment in favor of manufacturer and retailer of construction and farming equipment against competitor’s claims of copyright infringement and false advertising in Western District of Oklahoma, where competitor claimed use of its images in comparative advertising constituted copyright infringement and retailer’s “Made in USA” statements constituted false advertising. Summary judgment ruling was affirmed by the Tenth Circuit Court of Appeals.
• Obtained permanent injunction and award of attorneys’ fees for multi-state restaurant chain in trademark infringement suit involving unapproved use of registered trademarks in the Western District of Oklahoma.
• Obtained a defense verdict on behalf of equipment manufacturer and retailer on unfair competition and tortious interference claims brought by competitor in Tulsa County seeking $750,000 in damages. Prior to trial, successfully obtained summary judgement in favor of the client and against the competitor on the competitor’s claims of deceptive trade practices.
• Obtained favorable settlement in favor of construction and contracting company and its owners as to claims of misappropriation of trade secrets, breach of fiduciary duty and tortious interference that were brought by former employer and competitor medical services company in Western District of Oklahoma.
• Obtained temporary restraining order, preliminary injunction, and permanent injunction in favor of non-profit religious institution in litigation against foreign corporation involving allegations of counterfeiting and trademark infringement in the District Court of Oklahoma County, Oklahoma.
• Obtained favorable settlement in favor of energy services company in patent infringement suit brought in Eastern District of Texas for alleged infringement of patents directed to valve technology.
• Obtained favorable settlement in favor of medical services company in suit brought by competitor in District Court for Tulsa County, Oklahoma, for alleged trade secret misappropriation and tortious interference.
• Successfully obtained dismissal of misappropriation of trade secret allegation brought against national oil and gas company in the Third Judicial District of Salt Lake City, State of Utah, where plaintiff claimed company had misappropriated proprietary fuel system developed during joint venture.
• Obtained permanent injunction in favor of oil and gas service company in lawsuit brought in District Court for Blaine County alleging misappropriation of oil and gas company’s trade secrets by competitor.
• Obtained favorable settlement in favor of national retailer in patent infringement suit brought in Western District of Arkansas seeking in excess of $12 million dollars for alleged infringement of patents directed to folding chairs.
• Successfully invalidated two patents involved in a dispute over alleged multimillion-dollar infringement of gaming patents. Ruling invalidating the patents affirmed by the Federal Circuit Court of Appeals.
• Obtained dismissal of multimillion-dollar fraud and misappropriation claims against national oil and gas company brought by website developer in the District Court of Oklahoma County, Oklahoma, claiming that the energy company wrongfully used proprietary software program. Dismissal affirmed on appeal.
• Successfully obtained dismissal of trademark and copyright claims brought in the Western District for Oklahoma, where plaintiff claimed promotional efforts and apparel sales by non-profit company violated its intellectual property rights.
• Obtained favorable settlement in favor of online workforce training company in lawsuit initiated by competitor in the Western District of Washington alleging claims of copyright infringement and false advertising.
• Obtained favorable settlement on behalf of oil and gas services company in litigation against former employees for alleged misappropriation of trade secrets and fraud in the District Court of Oklahoma County, Oklahoma
• Obtained favorable settlement in favor of oil and gas services company in patent infringement litigation brought in the Eastern District of Texas.
• Obtained favorable settlement in favor of Oklahoma-based manufacturer of oil and gas production control equipment which initiated suit in the Western District of Oklahoma contending that internationally-known competitor had willfully infringed trade dress.
• Obtained favorable settlement on behalf of oil and gas production equipment manufacturer alleged to have conspired with former employees of competitor to misappropriate trade secrets in multi-defendant litigation in the District Court of Cleveland County, Oklahoma.
• Successfully obtained judgment in favor of multi-state food retailer against international restaurant chain in Trademark Trial and Appeal Board proceeding denying the international restaurant chain’s application for federal registration of its trademark in the United States, holding the mark to be confusingly to the multi-state food retailer’s.
• Successfully obtained judgment in favor of international food distributor in Trademark Trial and Appeal Board proceeding denying application for federal registration of a competing trademark in the United States, holding the mark to be confusingly to the multi-state food distributor’s.
• Obtained summary judgment in favor of professional athlete in suit for unauthorized use of likeness in District Court of Oklahoma County, Oklahoma.
• Obtained favorable settlement in favor of Oklahoma-based cleaning supply company defending claims from a Washington-based manufacturer in the Western District of Oklahoma that the supply company had misappropriated trade secrets.
• Obtained favorable settlement on behalf of California-based décor manufacturer in copyright infringement suit brought in the Western District of Oklahoma.
• Successfully obtained dismissal of false advertising claims brought against multi-state retail furniture company in action against competitor in the Western District of Oklahoma.
• Obtained favorable settlement in favor of manufacturer and distributor of pet supplies which initiated suit in the Northern District of Texas contending that competitor had infringed copyright.
• Obtained favorable settlement in favor of nationally recognized human capital management software company in action alleging claims of trademark infringement by California-based company in the District Court of Oklahoma County, Oklahoma.
• Obtained favorable settlement in favor of a national personnel company in action against competitor alleging trademark infringement suit in the Southern District of Texas.
• Obtained favorable settlement in favor of a commercial weather company alleging claims of copyright infringement and misappropriation of trade secrets against competitor in Western District of Oklahoma.
• Obtained dismissal of patent infringement claims against software licensor in the Middle District of Florida for lack of standing. Dismissal affirmed by the Federal Circuit Court of Appeals.
• Obtained temporary restraining order and favorable settlement in favor of multi-state distributor of building materials in suit involving allegations of misappropriation of trade secrets against former employee and competitor in District Court of Oklahoma County, Oklahoma.
• Obtained temporary restraining order and favorable settlement in favor of personnel company in suit involving allegations of misappropriation of trade secrets against former employee and competitor in District Court of Garfield County, Oklahoma.
• Successfully obtained dismissal of allegations of misappropriation of trade secrets against website developer in Western District of Oklahoma brought by competitor and based on the hiring of competitor’s former employee. Obtained favorable settlement for online publisher in litigation brought in Western District of Oklahoma for alleged invasion of privacy.
• Obtained favorable settlement in favor of national oil and gas company defendant in patent infringement suits in Eastern District of Texas.
• Successfully obtained a stay of litigation and favorable settlement in favor of defendant milling company in patent infringement suit in District of Nebraska.
• Represented international oil and gas company in Uniform Domain Name Dispute Resolution Proceeding (UDRP) and successfully obtained infringing domain name violating company’s trademark  rights.
• Obtained favorable settlement in favor of book distributor in Uniform Dispute Resolution Proceeding regarding alleged domain squatting.
• Successfully obtained dismissal of opposition proceeding before the U.S. Patent and Trademark Office in favor of national food distributor.
• Obtained favorable settlement for multi-state clothing retailer in trademark infringement suit in Southern District of Texas.
• Obtained favorable settlement in favor of national grocer and food distributor in trademark infringement suit brought by a competitor in the Western District of Oklahoma.
• Obtained favorable settlement for movie producers in an action involving copyright ownership of documentary in Northern District of Dallas.
• Obtained favorable settlement for local clothing retailer in trademark infringement suit in Western District of Oklahoma.
• Obtained favorable judgment in favor of insurance company against former employee in misappropriation of trade secrets action in District Court of Oklahoma County, Oklahoma.
• Obtained cancellation of federal trademark registration in proceedings before the U.S. Patent and Trademark Office in favor of multi-state retail clothing company.

Intellectual Property – Transactional

• Represented Dippin’ Dots, LLC, manufacturer of the iconic flash-frozen beaded ice cream, in the sale of 100% of the company’s equity to J&J Snack Foods Corp. (NASDAQ: JJSF), a publicly traded manufacturer, marketer and distributor of snack foods and beverages, for $222 million.
• Represented Love’s Travel Stops & Country Stores, Inc. in its acquisition of TVC Enterprises Holdco, LLC, a leading provider of motor club, protection plan, and fuel card services to the commercial trucking industry. 
• Represented Virgo Capital in the sale of its investment in Sayers Technology, LLC, a leading provider of data center infrastructure and other IT solutions, to Mosaic Capital Partners.
• Represented the owners of more than 100 independently owned 7-Eleven convenience stores in Oklahoma in the sale of the companies’ membership interests to Texas-based 7-Eleven, Inc.
• Represented Virgo Capital in an investment in a going private transaction involving RMG Networks Holding Corporation, a global leader in intelligent digital signage software.
• Represented a premier manufacturer of metal buildings and structural steel components in the compilation, documentation and transfer of its intellectual property portfolio as part of a merger transaction.
• Represented an international online training course company in the compilation, documentation and transfer of its intellectual property portfolio as part of an acquisition.
• Represented media company in the compilation, documentation and transfer of its intellectual property portfolio as part of an acquisition.
• Represented investment company in the compilation, documentation and transfer of intellectual property portfolio in an acquisition transaction.
• Representation of numerous entities, including national food chains and national retail chains, with respect to trademark clearance and prosecution (e.g., searches, opinion letters, filing, prosecution, appeals and maintenance of applications and registrations) as wells as opposition proceedings.
• Representation of numerous entities with respect to enforcement of intellectual property rights involving print and online media, including a wide array of social media such as Facebook ®, YouTube ®, and Pinterest ®.
• Representation of numerous entities involving the drafting of a wide range of agreements, including patent, trademark and copyright licenses; employment agreements; and coexistence and consent agreements.
• Representation of numerous entities involving the review and negotiation of commercial software licenses, promotional contest terms and conditions, and terms and privacy policies governing commercial websites.
• Representation of numerous entities for trademark prosecution and filing in the United States and internationally.
• Representation of numerous entities for copyright prosecution and filing, including copyrights directed toward architectural designs and software.

Business Litigation

• Successfully defended against successor liability and fraudulent transfer claims made by Oklahoma Insurance Commissioner alleging more than $10 million dollars of liability by obtaining summary judgment in the Western District of Oklahoma. Judgment affirmed on appeal to the Tenth Circuit Court of Appeals despite appellant’s arguments that district court should have abstained from litigation due to novel issues of state law.
• Obtained favorable ruling on a motion to dismiss in favor of multi-state oil and gas company against a software developer resulting in dismissal with prejudice of miscellaneous tort claims alleging the defendant had misused the plaintiff’s intellectual property in action in District Court for Oklahoma County.
• Obtained directed verdict on behalf of homeowner’s association in bench trial concerning alleged breach of covenants and negligence in the District Court for Logan County, Oklahoma, and prevailed on motion for attorneys’ fees following bench trial.
• Successfully obtained reversal of judgments against numerous multi-state restaurant companies in appeal before Oklahoma Court of Civil Appeals.
• Obtained favorable settlement on behalf of water distributor against competitor in litigation for alleged business defamation and deceptive trade practices in the District Court for Oklahoma County, Oklahoma.
• Obtained favorable settlement in favor of distributor of oil and gas equipment in action claims of defective equipment involving West Virginia-based services company and international equipment manufacturer in the Western District of Oklahoma.
• Obtained confirmation of arbitration award in Eastern District of Texas while successfully defending against opposition moving to vacate the award.
• Obtained favorable settlement for investment company in Pennsylvania state court in commercial breach of contract suit.
• Obtained favorable settlement for lumber distributor in District Court of Oklahoma County in litigation involving claims of negligence and defective material.
• Obtained favorable settlement for subcontractor in multi-party construction litigation immediately prior to jury trial in District Court of Canadian County, Oklahoma.
• Obtained favorable settlement in favor of a sales representative seeking multimillion-dollar damage award for breach of contract suit in Western District of Oklahoma.
• Obtained favorable judgment for purchaser of hospital assets in breach of contract case in District Court of Oklahoma County, Oklahoma.
• Obtained summary judgment in favor of commercial lessor in breach of contract suit and successfully obtained judgment of lessor’s attorneys’ fees in District Court of Oklahoma County, Oklahoma.
• Successfully defended employer against breach of contract claims with motion to dismiss in District Court of Oklahoma County, Oklahoma.

Pro Bono Representation

• Successfully defended indigent individual against government allegations under the False Claims Act seeking more than $300,000 of liability by obtaining dismissal of lawsuit in Western District of Oklahoma.
• Obtained favorable settlement and order of final judgment for single mother in paternity suit seeking unpaid child support, custody determination, and child support in District Court of Oklahoma County, Oklahoma.
• Represented three minor children as a volunteer attorney for Oklahoma Lawyers for Children in termination of parental rights and adoption proceedings before the Juvenile Division of the Oklahoma County District Court.