Winstol D. "Winn" Carter, Jr.

Partner

Commercial and Energy Litigation

• Representing a foreign automobile manufacturer in litigation filed in Texas state court and in federal court in the Eastern District of Texas in attempts to reopen settled personal injury cases based on claims of fraud and RICO as a result of statements made and documents produced by a former in-house attorney of the manufacturer. The federal litigation was dismissed on granting of defense motions. A mandamus was recently granted by the Waco Court of Appeals in favor of the client, which effectively ends the state court litigation.
• Represented, as trial counsel, a major business software company in a breach of contract and fraud suit brought in Houston state court and involving the multimillion dollar sale and implementation of a revenue management system. The case settled favorably.
• Represented, as trial counsel, a wood molding manufacturer in the Eastern District of North Carolina, against a supplier for breach of contract and fraud in connection with the failure of the supplier to fulfill the contract's product requirements. The case settled favorably.
• Advised a foreign company in connection with potential arbitration arising from a purchase agreement in connection with the purchase of shale properties in South Texas.
• Represented, as lead counsel, minority shareholders in litigation against the majority shareholder concerning the sale of several companies.
• Represented, as lead counsel, an industrial distributor in an arbitration proceeding arising from a dispute over payments to be made pursuant to the terms of an asset purchase agreement.
• Represented, as lead counsel, a major vaccine manufacturer in a suit filed in the Eastern District of Texas, Texarkana Division, arising from claims that a mercury-containing preservative was the cause for neurological deficits in the claimant's child.
• Represented, as lead counsel, a chemical plant construction company in connection with the death of an operator resulting from a gas explosion inside the plant. The case was tried and settled favorably during jury deliberations.
• Advising a national distributor of chemical plant equipment in a variety of disputes arising from the supply of allegedly defective equipment.
• Representing a national consulting firm in a domestic commercial arbitration concerning the interpretation and application of provisions in a joint operating agreement.
• Representing a cable manufacturer in litigation pending in the U.S. District Court for the Eastern District of Louisiana, for allegedly supplying defective umbilical cables used to power remotely operated submarines in the offshore oil industry.
• Represented, as co-counsel, an offshore drilling contractor in litigation arising from the purchase and charter of several offshore towboats.
• Represented, as lead counsel, a major aircraft company in consumer class action litigation filed in the U.S. District Court for the Southern District of Texas, Houston Division, arising from claims that the aircraft engine did not meet airworthiness and represented performance requirements.
• Represented a major offshore drilling corporation in connection with claims and litigation surrounding the explosion and subsequent fire onboard one of its drilling rigs.

Patent Litigation

• Representing, as trial counsel and appellate, the nation's largest privately accredited university in a multi-defendant patent infringement action pending in the Eastern District of Virginia and involving distributed computer network architecture. Motion for summary judgment of non-infringement was granted in January 2011. The matter is currently on appeal to the Federal Circuit Court of Appeals where Mr. Carter recently argued.
• Representing as trial counsel, a major consumer electronics company, in multiple cases pending in the Eastern District of Texas. Mr. Carter recently argued motions to transfer the cases to California and New Jersey before Magistrate Judge Love, who recently granted the motions.
• Representing, as trial counsel, a major consumer electronics company in several patent infringement actions filed in the Eastern and Northern Districts of Texas and involving a variety of technologies, including wireless communications, flat panels, and other digital technology.
• Representing, as lead trial counsel, several major retail companies in internet based consumer transactions. In November 2011, after jury selection, one retailer entered into a favorable settlement. The remaining retailers tried the case to jury verdict.
• Representing a camera lens manufacturer in the Southern District of Texas, in patent litigation involving technology related to cell phone camera lenses.
• Represented various financial services institutions in the Eastern District of Texas in patent litigation involving technology related to check writing point-of-sale processing equipment and secure online banking technology.
• Represented, as trial counsel, a major multinational technology company in several patent litigation matters pending in the Eastern District of Texas and involving several technologies, including digital printing, wireless communications, and computer peripherals.
• Representing, as trial counsel, several national electronics institutions in a multi-defendant patent infringement action filed in the Eastern District of Texas, involving secure online banking technology.
• Represented major offshore drilling company as lead trial counsel in jury trial enforcing patents for dual activity drilling in the Southern District of Texas. Final judgment of $5.1M with permanent injunction entered after jury found the patents to be valid, enforceable, willfully infringed, and valued at a royalty of 5% of revenue. Before appeal, parties settled, with client granting license for $15 million and ongoing royalty of 3% to 5%.
• Represented, as trial co-counsel, a major independent oil producer in a patent suit filed and tried in the Northern District of Texas, Fort Worth Division, involving a method to steer a drill bit during horizontal drilling.
• Represented, as lead trial counsel, a communications company in a patent suit filed in the U.S. District Courts for the District of Nevada and for the District of Oklahoma involving the use of satellite technology to stream content via the Internet.
• Represented, as trial co-counsel, an orthopedic brace manufacturer in a patent suit filed in the U.S. District Court for the Eastern District of Texas, Marshall Division, involving the design of an orthopedic knee brace.
• Represented, as lead trial counsel, a pipe manufacturer in a patent suit filed and tried in the U.S. District Court for the Eastern District of Texas, Beaumont Division, involving the design of pipe threads.

Aviation Litigation

Air Carriers

• Representing the Mexican air traffic control agency in litigation pending in the U.S. District Court for the Southern District of Texas, McAllen Division, for allegedly causing the crash on landing in Mexico of an air cargo flight, killing crew members and several people on the ground.
• Provided ongoing advice, as lead counsel, to an international airline and its foreign government owner in connection with the National Transportation Safety Board's investigation of and litigation arising from the crash of the airline's Boeing 767 aircraft off the Atlantic coast in 1999. Areas in which advice has been sought by the client include crisis management, public relations, advice on technical aviation issues, technical consultants, treaty applications, NTSB regulations, FAA coordination, and diplomatic issues.
• Represented, as lead counsel, a domestic carrier in claims arising from the crash on takeoff of one its DC-9 aircraft.
• Represented, as lead counsel, a domestic carrier in litigation filed in Houston arising from the crash of a Boeing 737 on takeoff from New York's LaGuardia Airport.
• Represented, as lead counsel, a regional commuter carrier in litigation following the in-flight breakup of one of its commuter aircraft.
• Represented, as lead counsel, a regional commuter carrier in a mid­air structural incident which resulted in a crash at the Pine Bluff, Arkansas Airport.

Aviation Products

• Representing a major helicopter manufacturer in a wrongful death action filed in Harris County Texas, arising from the heavily publicized crash of a helicopter owned and operated by a Houston television station, which killed both people on board.
• Representing a major helicopter manufacturer in various products liability cases in state courts in Texas and Louisiana.
• Represented, as lead counsel, a major helicopter manufacturer in suits filed in Fort Worth, Corpus Christi, and Brazoria (Angleton) County arising from the offshore crash of a light helicopter, which killed or injured several occupants.
• Represented, as co-counsel, a bearing manufacturer in a suit filed in Corpus Christi arising from the offshore crash of a large military helicopter, which killed all of the occupants.
• Represented, as lead counsel, a major helicopter manufacturer in suits filed in East Texas arising from the crash of a light helicopter which was conducting search and recovery operations following the Columbia disaster. All of the occupants were killed or severely injured in the crash.
• Represented, as lead counsel, a major helicopter manufacturer in suits filed in Houston, Texas, arising from the Mexico crash of a medium helicopter following low fuel warnings and main rotor blade separation.