Kevin W. Kirsch is the co-leader of BakerHostetler’s national Patent Litigation team. Registered to practice before the United States Patent and Trademark Office (USPTO), and having represented companies in more than 100 patent litigation matters venued in more than a dozen states, Kevin is deeply familiar with the environment in which his clients operate, making him a strong advocate for their patent litigation needs.
He also has extensive experience litigating trademark, copyright, trade dress and trade secret claims. Kevin has testified before and advised members of the U.S. House of Representatives on proposed patent reform legislative initiatives. He is the primary author of the Patent Local Rules for the Southern District of Ohio, implemented in June 2010, and is a member of the Federal Rules Committee for the Southern District of Ohio.
He is a frequent speaker and presenter on the subjects of patent litigation, reform and intellectual property. Kevin is one of only 25 intellectual property attorneys in the United States selected as a 2015 BTI Client Service All-Star.
He is ranked in Chambers USA: America’s Leading Lawyers for Business in the area of Intellectual Property, where he is described as “a very good litigator who listens well to the company’s position and objectives and gets what we want” (Chambers USA 2014) and as “very bright, articulate and able to show his teeth when appropriate” (Chambers USA 2012).
He is also listed in The Best Lawyers in America©, as an IP Star for Ohio and the United States by Managing Intellectual Property, and in the Legal 500 United States.
- Tried three different patent cases concerning very different technologies within six months of each other in front of the International Trade Commission, the Eastern District of Texas and the Southern District of Ohio, with excellent results.
- Defended accused infringer against patent claims related to DVD scene selection menus. Case was settled on confidential terms after jury trial in December 2012 (Patent Harbor, LLC v. Audiovox Corp., E.D. Texas, Case No. 6:10-cv-00361).
- In patent infringement case, obtained judgment on the pleadings of invalidity based on 35 U.S.C. § 101 for accused infringer Hugo Boss (Clear with Computer LLC v. Hugo Boss Fashions, Inc., E.D. Texas, Case No. 6:12-cv-00867).
- Representing JLIP, LLC, et al. against Jetpack Enterprises, LLC, et al. with respect to allegations of patent infringement and breach of contract relating to hoverboard technologies (Jetpack Enterprises, LLC, et al. v. JLIP, LLC, et al., C.D. CA, Case No. 8:15-cv-02113).
- Representing Colas Solutions Inc. against Blacklidge Emulsions, Inc., in declaratory judgment action of non-infringement (patent) relating to asphalt emulsion technologies.
- “The Importance of Patent Reform to Small Business,” testimony before the U.S. House of Representatives, Committee on Small Business (March 29, 2007)
- “Going to Trial: Preparation, Management, and Strategy,” presented at The IP Strategy Summit in Palo Alto, California (June 19, 2014)
- “Strategies for Effectively Responding to Threats of Patent Infringement,” presented to Dayton Intellectual Property Law Association CLE (June 2013)
- Southern District of Ohio Patent Local Rules, presented to Dayton Federal Bar Association CLE (December 2010)
- J.D., Loyola Law School, 1993
- B.A., University of California, Berkeley, 1989
- University of California, Irvine, Enrolled in School of Biological Sciences (2000 to 2002)
- U.S. Court of Appeals, Federal Circuit
- U.S. Patent and Trademark Office, Registration No. 53,136
- U.S. District Court, Northern District of California
- U.S. District Court, Northern District of Ohio
- U.S. District Court, Southern District of Indiana
- U.S. District Court, Eastern District of Michigan
Rate : $$$$