Kubasta, Kelly J.

Current Employment Position(s)

Partner

Lawyer Overview

Kelly's practice encompasses a wide array of intellectual property, with particular emphasis on patent, trademark, and trade dress litigation and licensing. His litigation experience, advising both plaintiffs and defendants, has included infringement issues involving trademarks/service marks, product trade dress, patents, and copyrights, as well as breach of contract, unfair competition, trade secret, and antitrust issues.

Representing clients whose products and services cover a broad range of industries – including apparel, consumer electronics products, energy exploration devices, medical devices, automotive components, architectural designs, and others – Kelly has substantial experience in Federal Court, both at trial and through appeal, as well as in Texas state court. He has further represented clients in mediations to resolve disputes both before and during litigation.

Also skilled in strategic portfolio management, Kelly advises clients as to the most effective methods of protecting and leveraging their intellectual property assets. In doing so, he has drafted dealer/franchisee agreements, negotiated software development and licensing agreements, constructed Internet e-commerce policies, and resolved domain name disputes through ICANN. He is a registered patent attorney and has prepared and prosecuted both utility and design patents in various fields, including mechanical and electronic devices, industrial equipment, telecommunications, optics, software, and business methods.

Areas of Practice

• Intellectual Property Litigation
• Business and Commercial Litigation
• Intellectual Property Licensing and Counseling
• Patent
• Trademark
• Copyright Prosecution
• Local Counsel for IP and Commercial Litigation Matters
• Virtual IP Counsel

Representative Cases

• Thomas et al v. Home Depot U.S.A. Inc , (Northern District of Texas 2009)
• Info-Power International Inc v. Coldwater Technology Inc et al , (Northern District of Texas 2009)
• Parking Security Systems Corp v. Dallas-Fort Worth Int'l Airport Board , (Northern District of Texas 2008)
• Jewel Jet LP v. Sy Kessler Sales Inc , (Northern District of Texas 2008)
• Sun Water Systems Inc v. Vitasalus Inc , (Northern District of Texas 2007)
• Justin Brands Inc v. Lucchese Inc , (Northern District of Texas 2005)
• Echometer Co v. Lufkin Industries Inc , (Northern District of Texas 2004)

West Practice Categories

Business & Commercial, Entertainment, Sports & Leisure, Intellectual Property, Internet, Litigation & Appeals, Patents, Science & Technology, Trademarks

Bar Admissions

• Texas, 1997
• U.S. District Court Northern District of Texas, 1998
• U.S. District Court Southern District of Texas, 1999
• U.S. District Court Eastern District of Texas, 2004
• U.S. District Court Western District of Texas, 2008
• U.S. District Court District of Colorado, 2005
• U.S. Court of Appeals 5th Circuit, 2005
• U.S. Court of Appeals Federal Circuit, 1998
• U.S. Patent and Trademark Office, 1998
• Supreme Court of Texas, 1997

Certification/Specialties

• Advanced Negotiation and Mediator Skills Training (Abrams Mediation), 2004

Professional Associations and Memberships

• State Bar of Texas, Intellectual Property Section, 2006 - 2008 (Chair, Ethics and Unauthorized Practice Committee)
• State Bar of Texas, Intellectual Property Section, 1997 - Present (Member)
• American Intellectual Property Law Association, 1997 - Present
• Dallas Association of Young Lawyers, 1997 - Present

Classes and Seminars

• Teaching Quizmaster, University of Texas School of Law, 1995 - 1996
• Divided Infringement and Mixture of Statutory Subject Matter, 12th Annual Intellectual Property Symposium - University of Texas School of Law, February 19, 2010
• To Buy or Not to Buy: Acquired Patents as Litigation Tools, AIPLA Mid-Winter Institute, January 27, 2010 - January 29, 2010

Past Employment Positions

• Sidley Austin, LLP, 1997 - 2005
• Hitchcock Evert, LLP, 2006 - 2009

Education

• The University of Texas School of Law, Austin, Texas, 1997
  J.D.
• University of Texas at Austin, Austin, Texas, 1993
  B.S.
  Honors: cum laude
  Major: Mechanical Engineering

Accepts Credit Cards

Published Works

• "Issue Preclusion as Applied to Claim Interpretation" (with James P. Bradley), Texas Intellectual Property Law Journal, Vol. 10, No. 3, Spring, 2002
• "Recent Developments in Trademark Law" (with David L. Hitchcock), Texas Intellectual Property Law Journal, Vol. 6, No. 2, Winter, 1998
• "Adapting the Copyright Laws for New Digital Audio Media", Entertainment, Publishing and the Arts Handbook, 1998
• Common IP-Related Mistakes Made in Corporate Web Sites, Headnotes (Dallas Bar Association), 2009

Address

Campbell Centre II
8150 North Central Expy.
10th Floor
Dallas, TX 75206-1815

Phones

214-367-6000

Faxes

214-367-6001

Emails

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Websites

http://www.kk-llp.com/