Domingo Manuel LLagostera

Biography

Domingo M. LLagostera concentrates his practice on procuring, protecting, and enforcing intellectual property rights, with a primary focus on patent and trade secret litigation and business counseling. Throughout his career, Domingo has represented a diverse group of clients in numerous technology industries, including oil and gas, software/hardware, telecommunications, biotechnologies, and medical devices. 

Understanding that each client has unique business concerns, Domingo’s objective is to develop and carry out tailored and cost-effective intellectual property strategies.

Intellectual Property Litigation

Domingo has represented clients through all phases of patent and trade secret litigation in federal court, including:

  • case strategy and management
  • strategic patent reexamination (including inter partes review)
  • discovery, including depositions and motions practice
  • infringement and invalidity contentions
  • claim construction
  • expert depositions and reports
  • trial and arbitration

Intellectual Property Counseling and Transactions

Domingo is also active in a wide range of intellectual property investigative and transactional work, including: 

  • general business counseling
  • freedom-to-operate opinions
  • patent landscape analyses
  • patent infringement/invalidity opinions
  • investigations in anticipation of litigation
  • pre-suit settlement negotiations
  • licenses and assignments
  • diligence in mergers/acquisitions

Patent Prosecution

Domingo also prosecutes domestic and foreign patent applications in a wide range of technology fields, including software, oil and gas, biotechnology, and semiconductors.

Domingo frequently writes on intellectual property matters and cases in leading industry publications, and has also been published on the topic of immigration reform.

Experience

  • Trial counsel in patent infringement action involving home office software applications (N.D. Cal.).  Jury verdict finding in favor of client.
  • Trial counsel in patent infringement action involving motorized winch technology (S.D. N.Y.).  Case is pending appeal to the Federal Circuit. 
  • Represented Refined Technologies Inc. as patentee in two IPR petitions filed by United Laboratories. Both IPR petitions were denied.
  • Counsel in trade secret action involving well steering technology.  (S.D. Tex.).  Case settled favorably for client.
  • Counsel in patent infringement action involving email technology.  (W.D. Tex.).  Case settled early and in favor of client when plaintiff was faced with a case-dispositive motion.
  • Counsel in patent infringement litigation involving top drive products (S.D. Tex.). During trial, Court dismissed the case with prejudice.
  • Counsel in patent infringement litigation involving drill pipe oscillation technology. (E.D. Tex.).  Case settled favorably for client on the eve of trial. 
  • Counsel in NPE patent infringement action filed against multiple large businesses in email storage technologies. (W.D. Tex.).  Case settled favorably for client.
  • Counsel in patent infringement actions involving data storage technologies. (N.D. Cal.). 
  • Case settled favorably for client.
  • Counsel in NPE patent infringement action involving telecommunications technology. (N.D. Ill.).  Case settled favorably for client.
  • Counsel in patent infringement action involving optical disk technologies. (S.D. N.Y.). 
  • Client won case-dispositive summary judgment.
  • Counsel in patent infringement arbitration involving medical device technology (Colorado).  Arbitration panel rendered non-infringement decision for client.
  • Counsel in patent infringement action involving medical lasers.  (C.D. Cal.).  Case settled favorably for client.
  • Counsel in inventorship action involving superconducting technology.  (S.D. Tex.).  Court granted client’s motion to dismiss based on laches and equitable estoppel.
  • Counsel in war crimes action against Somali general.  (E.D. Va.). Trial court entered a $20 million verdict against the general.

Affiliations

Memberships

  • Houston Bar Association
  • Houston Intellectual Property Law Association

Credentials

Admissions

  • U.S. District Court - Northern District of Texas
  • Texas
  • U.S. District Court - Eastern District of Texas
  • U.S. District Court - Southern District of Texas
  • U.S. District Court - Western District of Texas
  • U.S. Patent and Trademark Office

Education

  • Trinity University, BS
  • University of Houston Law Center, JD, cum laude