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.

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, molecular diagnostics, synthetic biology, pharmaceutical, medical device, personal care, and e-commerce.

Recognized as a thought leader in his practice area, David has been quoted in leading business publications, has authored dozens of articles, and is a frequent speaker on patent law issues around the country. David was named a “Rising Star” in Intellectual Property by GeorgiaSuper Lawyers© magazine in 2013 and 2014, and was selected in 2014 as a “Rising Legal Star Under 40” by the Daily Report.

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

Representative client counseling matters: 

  • Opinion and due diligence counsel for Fortune 100 molecular diagnostics company in a potential acquisition valued at $2.2 Billion; diligence involved clearance, validity and patentability analyses, review of all relevant agreements and licenses, and a final report summarizing opinions and conclusions.
  • Due diligence counsel for Fortune 500 tissue-based biotech company in a potential acquisition valued at $1.6 Billion.
  • Due diligence counsel for leading investment firm interested in funding a cancer therapeutics company; review involved clearance of dozens of products and a validity and patentability analysis of over 100 patent families.
  • Opinion and prosecution counsel for Fortune 500 life sciences and plant technology company. Conduct clearance, validity, and patentability analyses; advise on patent procurement, enforcement, and defensive strategies.

Representative litigation matters:

  • Litigation counsel for Fortune 1000 consumer lawn care company. Current litigation matter involves defending claims of patent infringement and trade secret misappropriation. Recently obtained favorable Markman ruling that should dispose of the plaintiff’s patent claims. Current patent office proceedings include an inter partes review, which is pending appeal following a favorable decision by the PTAB invalidating the competitor’s patent.
  • Litigation counsel for leading medical device manufacturer in various ongoing litigations and patent office proceedings. Recently invalidated competitor’s patents in district court and in the patent office. Appeal pending in the Federal Circuit.
  • Prosecution and litigation counsel for e-commerce company. Current litigation matter involves patent infringement action brought against competitor over patents relating to automated shipping calculators in ecommerce transactions. District court litigation currently stayed during inter partes review of the patents.
  • Litigation counsel for Fortune 500 packaging company in patent infringement litigation involving the company’s patented perfume packaging technology. After 4-week bench trial, obtained a verdict of infringement and a permanent injunction, which was affirmed on appeal. Prior to trial, obtained favorable Markman ruling, obtained summary judgment of validity and enforceability.
  • Litigation counsel for start-up pharmaceutical company accused of infringing patents to abuse-resistant opioid products. After obtaining a favorable Markman ruling, the case settled on confidential terms favorable to the client.
  • Litigation counsel for life sciences company with patents covering DNA sequencing technology. Obtained favorable Markman ruling, which was affirmed on appeal. Client was ultimately awarded over $60 million in damages. Case is currently being appealed.
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