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

  • Trial counsel for Fortune 500 packaging solutions company in patent infringement litigation involving the company's patented perfume packaging technology. After a four-week bench trial, obtained a verdict of infringement against both defendants on all asserted patent claims, as well as a permanent injunction. Prior to trial, successfully briefed and argued Markman issues, obtaining favorable claim construction for all seven disputed claim terms. Also successfully briefed and argued summary judgment motions, including: (1) obtaining summary judgment of novelty and non-obviousness; (2) obtaining summary judgment of enforceability; and (3) successfully defeating all of defendants' motions for summary judgment of non-infringement and invalidity.
  • Trial counsel for Fortune 1000 lawn care company accused of false advertising and unfair competition. Successfully moved to transfer competitor's complaint filed in the United States District Court for the Northern District of Georgia to the United States District Court for the Eastern District of Virginia, where a similar case brought by client against its competitor is currently pending.
  • Trial counsel for plant lawn science company accused of infringing three of its competitors' patents. Successfully moved to stay the entire case after provoking reexamination of two of the patents at issue.
  • Trial counsel for pharmaceutical company accused of infringing patents to abuse-resistant opioid products. After successfully defending against the patent owner's attempt to transfer and/or dismiss the case to an alternative forum, the case was settled on confidential terms favorable to the client.
  • Trial counsel for life sciences company that owns patents involving DNA sequencing technology. Obtained favorable Markman ruling, which was affirmed on appeal. Case is currently pending before the district court.
  • Trial counsel for leading manufacturer of carpet tiles in a case involving both claims and counterclaims of patent infringement. After a favorable Markman ruling, the case was settled on confidential terms favorable to the client.
  • Trial counsel on behalf of an industry leader in medical devices accused of infringing medical device patents. After successfully invalidating several of the patent claims, the case was stayed pending reexamination of the asserted patents.
  • Appellate counsel for global media and entertainment company accused of infringing patents relating to inventory management systems. Obtained a favorable settlement prior to oral argument before the United States Court of Appeals for the Federal Circuit.
  • 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.
  • Counsels clients on a wide range of intellectual property issues.
  • Conducts due diligence, freedom-to-operate, validity and patentability analyses, and prepares formal legal opinions reflecting conclusions of such analyses.
  • Prepares and prosecutes patent applications for biotechnology-, chemical-, and pharmaceutical-related inventions.
Generate a PDF of Your eFolio
Clear Your eFolio
Close X
Remove
Error: There was an error with your eFolio. Please try again.
Add to eFolio
Already Added
View eFolio
Warning: Please Confirm You Would Like to Delete All eFolio Content.
There are no items in your eFolio. You can add professional and practice detail pages to your Briefcase by navigating to the pages and adding the page through the eFolio icon.
See content you want to save or print? Add it to your personalized eFolio. Select 'Add to eFolio' to add professional bios and practice content. Select 'View eFolio' to review your folder content. You can revise, save or print your eFolio at any time during your visit to hunton.com.
false
http://www.hunton.com/professionals/uniEntity.aspx?xpST=ProfessionalDetail&professional=817
a[href='javascript:packetBuilderSingleClick(document.title);']