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Biography

Barry's intellectual property practice includes litigation involving patents, trademarks, copyrights, trade secrets, unfair competition, and covenants not to compete. He advises clients in business transactions that involve intellectual property or technical matters, such as licensing agreements, asset purchase agreements, and software agreements. Barry is licensed to practice before the United States Patent & Trademark Office. Barry has represented clients in the chemical, petroleum, plastics, healthcare, biotechnology, pharmaceutical, construction, manufacturing, computer, telecommunications, and entertainment industries.

In addition to traditional intellectual property matters, Barry’s practice also encompasses complex technical and construction litigation related to the energy and petrochemical industries. He has represented clients in litigation and arbitration related to the design, construction, and operation of chemical plants, power plants, pipelines, and refineries.

Prior to becoming a lawyer in 1992, Barry worked as a Registered Professional Engineer in Texas. That technical background is an excellent foundation for Barry’s principal areas of practice.

Representative Experience

Intellectual property litigation 

  • Filed trade secrets misappropriation suit on behalf of owner of geophysical data and obtained injunctive relief and recovered attorneys’ fees
    Represented instrument manufacturer in litigation involving trade secret misappropriation and obtained injunctive relief in favor of client
  • Represented client  in International Trade Commission proceeding as part of a team that obtained order in favor of client prohibiting importation of products based on patent infringement
  • Represented plaintiff biotechnology company in litigation arising out of a dispute over ownership of patents and trade secrets and obtained a favorable settlement for client
  • Represented a biotechnology company in a dispute over rights to patent license from the federal government and obtained a favorable settlement for client
  • Represented manufacturers of construction equipment and industrial appliances in patent infringement cases and obtained favorable settlements for client
  • Successfully defended oil and gas producer in lawsuit alleging patent infringement and misappropriation of trade secrets
  • Represented manufacturer in trademark infringement case involving Internet website

Intellectual property transactions and strategic counseling

  • Advised clients regarding agreements and strategic patent counseling related to various technologies, including chemical processing and energy industries
  • Handled intellectual property aspects of negotiations and due diligence for client’s acquisition of a major computer services company
  • Negotiated technology agreements related to energy industry
  • Negotiated and drafted complex license agreement for patents and trade secrets on behalf of biotechnology client
  • Prosecuted patent applications related to petrochemical processing and petroleum refining
  • Assisted numerous clients in both foreign and domestic trademark matters

Engineering and construction matters

  • Represented plaintiff engineering and construction company in lawsuit against the owner of a new petrochemical plant; the case involved issues related to the plant design, cost overruns, and the delays and disruptions experienced during the engineering and construction phases of the project; the jury returned a substantial verdict for our client and the case was settled by the parties shortly thereafter in court-ordered post-verdict mediation
  • Represented plaintiff plant owner in ICC construction arbitration governed by New York law involving the design and construction of a gas plant, pipeline, and liquids fractionation plant in South America; the case involved complex technical and legal issues related to engineering standards, plant operation, and construction practices; our client obtained a favorable award
  • Represented the design engineer in a case that involved complex construction issues and allegations, including breach of contract, negligence, breach of warranty, cost overruns, and delay claims; the plaintiff’s claims arose out of the expansion and modification of a petrochemical plant in Louisiana; the case was settled to our engineering client’s satisfaction
  • Successfully defended major energy company in dispute involving defective heat transfer equipment
  • Represented defendant designer/manufacturer of gas turbine in AAA construction arbitration related to a power plant in California; the case was settled favorably for the client
  • Represented the owner of a petrochemical plant in South America in a lawsuit related to the design and construction of a cooling tower; the case was settled favorably for the client
  • Represented plaintiff chemical company in an arbitration involving damage to plant equipment resulting from contaminated feedstock provided by the defendant; the case was settled favorably for our client
  • Defended owner of petrochemical complex against claims related to cost overruns in arbitration proceeding; case settled favorably after brief discovery
  • Advised on technical aspects of federal tax audits of businesses engaged in production and sale of synthetic fuel
Results depend upon the facts of each case.
Activities and Affiliations
  • Fellow: Texas Bar Foundation; Houston Bar Foundation
  • Member: American Bar Association; American Intellectual Property Law Association; Houston Bar Association; Houston International Property Law Association; American Institute of Chemical Engineers 
  • Board of Directors: Texas Accountants and Lawyers for the Arts
  • Presenter: various continuing legal education programs, including:  "Inequitable Conduct Defense in Patent Litigation," 2006; “Patent Claim Construction and Phillips v. AWH Corp.,” 2004; “Victoria’s Secret and Trademark Dilution,” 2003; “Patent Reexamination,” 1999; “Inventorship, Inequitable Conduct and Patent Unenforceability,” 1997; “Publishing Contracts,” 1996; “Article 2A of the Texas Uniform Commercial Code,” 1994; “Duplicative Proceedings in Federal Court,” 1993
Education and Professional Background
  • Texas A&M; University, B.S. in chemical engineering, 1979 (Tau Beta Pi)
  • The University of Texas School of Law, J.D., 1991 (Order of the Coif)
  • Registered Professional Engineer in Texas
  • Admitted to practice: Texas, 1992; United States Patent and Trademark Office

Barry Engel
Partner
First City Tower
1001 Fannin Street, Suite 2500
Houston, TX 77002-6760

713.758.2342 : ph
713.615.5110 : fax
bengel@velaw.com

Practices