David A. Kelly

Partner

Contact

  • Atlanta
    p404.888.4280
    f404.888.4190
  • Atlanta
    p404.888.4280
    f404.888.4190

David is co-chair of the firm's Life Sciences practice. His practice covers all aspects of intellectual property with an emphasis on patent litigation and client counseling.

David Kelly is a registered patent attorney whose practice focuses on protecting the intellectual property rights of his clients. In addition to counseling his clients on a diversity of intellectual property issues, David has extensive patent litigation experience, representing both patent owners and accused infringers, in a wide variety of technologies, including life sciences, pharmaceutics, medical devices and software-related inventions.

David is admitted to practice before the Federal Circuit, the Eleventh Circuit, all appellate courts of Georgia and Virginia, and the United States Patent and Trademark Office.

Relevant Experience

  • Counsel clients on a wide range of intellectual property issues.
  • Conduct due diligence, freedom-to-operate, validity and patentability analyses, and prepare formal legal opinions reflecting conclusions of such analyses.
  • Prepare and prosecute patent applications for life sciences and pharmaceutical-related inventions.
  • Represent pharmaceutical company in a Hatch-Waxman litigation brought against it by owner of patents covering leading attention hyperactivity disorder drug.
  • Represent world’s largest lawn care company in various litigations and patent office proceedings. Current litigation matters involve patent infringement, trade secret, and unfair competition. Current patent office proceedings include inter partes reviews and ex parte reexaminations.
  • Represent leading manufacturer of medical devices in various ongoing litigations and patent office proceedings. Have invalidated competitor’s patents both in district court, in the Patent Office, and on appeal to the Federal Circuit.
  • Represented Fortune 500 packaging company in patent infringement litigation involving the company’s patented perfume packaging technology. After a 4-week bench trial, obtained a verdict of infringement against both defendants on all asserted patent claims, as well as a permanent injunction. Infringement finding was affirmed on appeal. Prior to trial, obtained favorable Markman ruling, obtained summary judgment of novelty, non-obviousness, and enforceability, and defeated all of defendants’ motions for summary judgment of non-infringement and invalidity.
  • Represented pharmaceutical company accused of infringing patents to abuse-resistant opioid products. After successfully defending against motions to transfer and/or dismiss, the case settled on confidential terms favorable to the client on the eve of summary judgment.
  • Represented life sciences company with patents covering DNA sequencing technology. Obtained favorable Markman ruling, which was affirmed on appeal. District court judgment of invalidity was reversed on appeal. After subsequent trial, client was awarded $49 million in damages.
  • Represented global media and entertainment company accused of infringing patents relating to inventory management systems. Obtained a favorable settlement prior to appeal.
  • Pro bono work includes filing a writ of certiorari in the United States Supreme Court for an engineer seeking to reinstate his patent for improved automobile engines.
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