Darin Gibby

Darin J. Gibby is a key partner and member of the firm’s Executive Committee. He was instrumental in launching the Denver office in 1995, and since that time has spearheaded its growth and emergence as one of the largest patent firm in Denver.

Mr. Gibby is recognized by Chambers USA as a one of Colorado’s top intellectual property lawyers and “a top choice for a range of matters including post-grant reviews, licensing matters and patent prosecution.” According to the 2017 edition of Chambers USA, Mr. Gibby is praised for his “in-depth legal analysis” and “creative approaches to problems.”

Mr. Gibby has over 20 years of experience and focuses his practice on intellectual property counseling, transactions, and licensing matters as well as patent prosecution. He has extensive experience handling the intellectual property aspects of mergers and acquisitions.

He counsels start-ups and small businesses on intellectual property challenges to help maximize their portfolios to make them attractive acquisition targets. In addition, he manages several large patent portfolios for Fortune 500 companies.

Mr. Gibby handles patent prosecution and licensing for clients in a wide range of industries, including software and financial transaction systems, medical devices, drug delivery systems, telecommunications, food products, sporting goods, automotive parts, biotechnology-related devices, and Internet-related technology.

He has obtained significant patents on drug delivery systems, insulin formulations, atherectomy and imaging catheters, CPR methods, chemical synthesizing systems, computer peripherals, software, sporting goods, cheese making processes, disk drive heads, baby products, and electro-surgical medical devices.

He is experienced in post-grant proceedings, and reexamination and interference procedures, including invalidating a significant patent covering dynamic currency conversion. Mr. Gibby also regularly provides freedom-to-operate opinions, as well as invalidity and noninfringement opinions.

As part of his practice, Mr. Gibby routinely visits the U.S. Patent Office in Alexandria, Virginia, having interviewed hundreds of cases. His strategy focuses on working with examiners, rather than resorting to the appellate process. As a result, he has a working relationship with numerous examiners across many art units.

Experience:

• Kilpatrick Townsend filed an infringement lawsuit on behalf of Hunter Douglas Inc., manufacturer of window coverings and architectural products, and Andrew J. Toti Testamentary Trust against Norman International for infringement of window covering patents. Norman responded by filing eight IPRs on four patents in the lawsuit. Kilpatrick Townsend successfully argued that six of the IPR trials should not be instituted, and was able to limit the IPR trials to just three claims total on the other two petitions. United States Patent and Trademark Office Patent Trial and Appeal Board, Case Numbers IPR2014-00276, IPR2014-00282, IPR2014-00283, IPR2014-00286, IPR2014-01173, IPR2014-01174, IPR2014-01175, and IPR2014-01176.
• Successfully defended ex parte reexamination of patent for international equipment company.
• Handling inter partes reexamination for large cheese manufacturer.
• Successfully defended two reexaminations of the same patent during litigation for food service company.
• Successfully defended six exparte reexams for international money transfer company.

Education:

• Brigham Young University – J. Reuben Clark Law School, J.D. (1993) magna cum laude, Order of the Coif
• Brigham Young University, M.B.A. (1993)
• Brigham Young University, B.S., Mechanical Engineering (1990) cum laude

Admissions:

• Colorado (1996)
• California (1993)

Court Admissions:

• U.S. Patent and Trademark Office (1994)