Overview

Bret Winterle’s well-rounded practice focuses on high-stakes litigation, including matters involving patents, trade secrets, copyrights, allegations of fraud, and contractual rights and obligations. Additionally, he also focuses on intellectual property counseling, negotiating complex agreements, performing IP portfolio assessments and guidance, and patent-related proceedings and applications before the Patent Trial and Appeal Board, as well as Section 337 proceedings before the International Trade Commission.

With a background in mechanical engineering and prior work experience with telecommunications technology and steel casting and rolling, Bret has developed expertise in both subsea and surface oil and gas exploration and production technologies. He also has significant experience with construction products and systems, nuclear technology, security and monitoring systems, banking and payments systems, telecommunications, semiconductor manufacturing, lithography systems, computer software, orthopedic medical devices, and other e-commerce technologies.

Bret spends much of his time litigating high-value, must-win lawsuits, including hard-fought competitor suits. Bret has developed proven strategies that he has used to achieve clients’ goals in a wide variety of forums, including U.S. district courts, the PTAB, and the ITC, while also seeking to minimize litigation costs for clients. These strategies can be variously employed when needed, including against competitors and non-practicing entities. Bret has led trial teams in Delaware, throughout Texas, and in many other courts (e.g., Oklahoma, Arkansas, California, North Carolina, Virginia, Florida, Michigan, and Iowa).

Bret also uses his trial and litigation experience to build litigation-ready patent and trade secret portfolios for clients through drafting, prosecuting, licensing, and acquiring IP in a variety of industries. He has prepared and prosecuted dozens of utility and design patent applications related to electro-mechanical devices, computer software, machining technologies, nuclear technologies, medical devices, consumer products, and electrical power supply and distribution systems. He also routinely advises clients on complex transactions involving IP and helps them draft and negotiate complex licenses, acquire IP portfolios and tech businesses, perform due diligence, develop enforcement plans, and draft many types of agreements. He has analyzed IP portfolios in various technology spaces to better understand the existing assets’ depth and breadth, whether those assets are effectively covering the client’s important know-how and innovations, and how the portfolio could be tailored to both add value and better relate to competitors’ business activities.

While focusing intently on clients' business interests and goals, Bret stays abreast of industry trends and developments by regularly attending industry conferences and trade shows, and is always looking for ways to add value, depth, and understanding to his advice. Bret has made multiple presentations at IPO Annual Meetings and other industry and technical conferences.

In his free time, Bret enjoys attending baseball games, traveling to new locales with his wife, and tutoring his three children.

Experience

Confidential Client (S.D.N.Y.) Represented a large financial institution in federal district court patent litigation regarding authentication token technology. Secured stipulated motions to dismiss.

Pro bono activities  

Bret maintains a multifaceted pro bono practice. Alongside the Texas Defender Service, he has represented a death row inmate in post-conviction proceedings. He also regularly works with the Lawyers' Committee for Civil Rights Under Law to provide pro bono services via the Election Protection hotline, a non-partisan resource that assists voters throughout the U.S. with questions about voter registration, polling places, and ballot curing, and helps those who want to vote navigate election laws and overcome obstacles to participation. Additionally, through the Dallas Volunteer Attorney Program, Bret provides pro bono support to U.S. military veterans and their spouses, helping them answer general legal questions. Since 2017, he has served as the pro bono coordinating attorney for Fish's Dallas office. 

Organizations 

  • Dallas Volunteer Attorney Program 

  • Lawyers' Committee for Civil Rights Under Law