Winstol D. Carter, Jr.

Partner

Patent Litigation

• 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 an integrated plastics manufacturer as lead trial counsel in a patent suit filed in the U.S. District Court for the Southern District of Texas, Houston Division, involving the design of plastic bagging systems.
• Represented, as trial co-counsel, a major independent oil producer in a patent suit filed and tried in the Northern District of Texas, Ft. 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.

General Litigation

• 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, 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, minority shareholders in litigation against the majority shareholder concerning the sale of several companies.
• 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.

Aviation Litigation

Air Carriers

• 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 mid-air structural incident which resulted in a crash at the Pine Bluff, Arkansas Airport.

Aviation Products

• 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.