Jason Spivey

Jason Spivey has a very diverse practice. He maintains a heavy trial docket and handles a broad array of civil defense matters, including construction defects, intellectual property infringement, professional liability, personal injury, products liability, and premises liability cases. Jason is also involved in the firm’s patent procurement practice including preparing and prosecuting applications filed in the United States Patent and Trademark Office. With his extensive experience in Structural and Civil Engineering, he handles many types of construction defect and professional liability cases in both litigation and arbitration representing various types of subcontractors, general contractors, engineers and home inspectors. With his technical background in Biomedical Engineering, he is able to apply a broad spectrum of technical understanding to his legal practice, which aides him in effectively representing various types of product manufacturers and sellers as well as assisting in procuring patent rights for clients in a wide array of technologies.

Representative Experience

• Experience in defending clients against intellectual property infringement claims in Texas and around the country including copyright, trademark, trade dress and patent infringement claims. One representative case was defending a prominent lawn and garden retail center against alleged trademark infringement involving keyword search terms on internet search engines, obtaining an early dismissal of the plaintiff’s claims. Another was representing a fishing lure manufacturer involving contributory infringement claims and trade dress claims for the conduct of a supplier obtaining an early, small settlement for the client.
• Experience in defending general contractors and various types of subcontractors in both commercial and residential litigation and arbitration including: foundation, lightweight concrete decking, stucco, electrical, underground utilities, plumbing, HVAC, grading flooring and swimming pool subcontractors. One representing experience was defending a large, Texas foundation repair company in a jury trial and obtaining a $0 judgment in their favor. Another representative experience was defending two subcontractors in a large $30 million construction defect case involving a large condominium complex. Another was representing a drywall installer in arbitration of a residence with myriad alleged defects resulting in cosmetic damages to the walls and obtaining a no liability finding for our client.
• Experience in defending product manufacturers including some that are large industry leaders. One representative experience was defending a manufacturer in a products liability case involving a fatality auto accident alleging the failure of the manufacturer’s product caused the accident.  Assisted in obtaining a dismissal for the manufacturer.  Another was representing an industry-leading plumbing products manufacturer, trying the case to a verdict with a finding of no liability.
• Experience in defending design professionals. One representative experience was defending a structural engineer in a professional liability case involving a large commercial building roof collapse. Another was defending a home inspector in a case involving a residential remodel with alleged foundation and structural issues.
• Experience in defending individual clients and trucking companies in car/trucking accidents. One representative experience was defending a client with clear liability and obtaining a favorable judgment at trial.
• Experience in drafting patent applications in a wide variety of technology areas including: construction, medical technology, energy, and telecommunication.
• Experience in Trademark registration and providing clearance opinions.

Clients

Professional

State Bar of Texas,
  - Intellectual Property Law Section
  - Construction Law Section
  - Insurance Law Section

Dallas Bar Association
  - Intellectual Property Law Section
  - Construction Law Section

Houston Bar Association

Dallas Association of Young Lawyers