Kenneth E. Keller

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Ken Keller co-founded the firm in 1998. Ken’s practice focuses on litigation and trial of intellectual property disputes.

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Ken Keller has been selected to the American Board of Trial Advocates and is also rated by his peers as a California Super Lawyer in Intellectual Property Litigation for the last ten years. Ken has represented clients in a wide array of patent, trademark/trade dress and copyright infringement matters as well as patent licensing, misappropriation of trade secrets, breach of contract and unfair competition litigation. In addition to litigation, Ken also counsels clients regarding intellectual property and entertainment issues. He has tried more than 85 cases of all types to verdict in the federal and state courts throughout the United States, including California, Delaware, Hawaii, Nevada, Oregon, Wisconsin, New Jersey, Texas, New York, Colorado and Florida. He tried the first case to verdict under the Semiconductor Chip Protection Act.

Over the years, Ken has represented inventors and technology owners as well as companies accused of infringement in matters dealing with such diverse technologies as semiconductor chip design, programmable logic devices, DRAM technology, chemical and biotechnology processes (including protein synthesis, DNA purification and lithium batteries), hybrid pineapples, fashion footwear design, automotive and bicycle design, machine technology, medical/dental devices, software, the internet and domain names. He also represents major brand holders (such as Tiffany, Chanel, and Gucci) in connection with their trademark and anti-counterfeiting programs. With respect to entertainment law, Ken represents and provides counseling to producers, directors and writers in connection with transactional and litigation issues.

Education

  • University of California, Boalt Hall School of Law, J.D. (1976)
  • University of California, Berkeley, B.S., Zoology (1973)

Admitted to Practice

  • All Superior Courts of California (1976)
  • Northern District of California – (1976)
  • Central District of California – (1977)
  • Southern District of California – (1990)
  • Eastern District of California – (1986)
  • Federal Circuit Court of Appeals – 6/24/1991
  • Ninth Circuit Court of Appeals – 10/26/2000
  • Eleventh Circuit Court of Appeal – 7/12/2000
  • Tenth Circuit Court of Appeals – 1/29/2009
  • Fourth Circuit Court of Appeals – 12/21/2012
  • District Court, Southern District of Florida – 1986
  • District Court, Eastern District of Wisconsin – 6/2/1998
  • District Court, District of Nevada – 1988
  • District Court of Colorado – 5/2/2000
  • District Court, Central District of Illinois – 11/8/2006

Professional Affiliations and Activities

  • American Board of Trial Advocates (elected 1991)
  • Named a Super Lawyer, Intellectual Property Litigation, 2004 to present.
  • American Bar Association (Sections: Intellectual Property; Litigation)
  • International Trademark Association (“INTA”)
  • State Bar of California (Section: Litigation)
  • Bar Association of San Francisco
  • Association of Business Trial Lawyers

Notable Engagements

Following are examples of cases Ken has handled.

  • Lead trial counsel for regional accreditor of community colleges in action brought by San Francisco City Attorney seeking an injunction voiding the accreditor’s decision to terminate City College of San Francisco accreditation. Succeeded in preserving the accreditor’s termination decision and its ability to return CCSF to accredited status using the procedures adopted by the agency with the U.S Department of Education.
  • Defended international biotechnology company in a jury trial of a patent infringement action involving a process patent for purification of monoclonal antibodies resulting in a defense verdict.
  • Represented company producing virtual horses in “Second Life” in copyright infringement action and won summary judgment on novel issues related to standing and the Digital Millennium Copyright Act.
  • Represented a semiconductor chip manufacturer in four patent infringement lawsuits involving semiconductor technology related to programmable logic devices.
  • Defended semiconductor chip manufacturer in the first jury trial under the Semiconductor Chip Protection Act of 1984.
  • Defended an international biotechnology company in a patent infringement action involving seven patents pertaining to the synthesis and purification of DNA/RNA.
  • Represented film producer in connection with production of Frank Miller’s Sin City 2/A Dame to Kill For.
  • Representing writers/directors/actors in connection with No. 1 rated online animated web comedy series and related feature length animated film.
  • Represented owners of domain name and won jury verdict in litigation involving misappropriation of domain name RL.com.
  • Represented domain name owner and affiliate marketer and won jury verdict in litigation involving domain name ownership and alleged breach of affiliate marketing agreement.
  • Represented Hawaiian pineapple company in related antitrust, patent and trademark infringement actions involving fresh hybrid pineapples.
  • Defended manufacturer of automotive after-market windshield wipers in a jury trial involving claims of patent and trade dress infringement resulting in defense verdict.
  • Defended several major designers and retailers of fashion footwear in trade dress infringement actions involving Dr. Martens trade dress and trademarks.
  • Represented president of international high technology company for forty-count federal indictment regarding custom violations and alleged scheme of under evaluation resulting in dismissal of all charges.
  • Represented a governmental-owned company from the People’s Republic of China in fraud/RICO litigation involving scrap metal and hazardous waste.

Teaching Engagements

  • National Law Institute
  • Federal Practice Institute
  • Hastings College of Advocacy
  • Practising Law Institute
  • Defense Research Institute

Speaking Engagements

  • “Discovery in Cross-Border Litigation: The Dilemma of an American Litigator Abroad: Navigating Extraterritorial Discovery in Commercial Disputes and Intellectual Property Litigation”: presented at the State Bar of California 86th Annual Meeting, San Jose, California (October 12, 2013)
  • “Taking a Piece of the Action,” Panel discussion presented to The Bay Area Bankruptcy Forum (June 2000)
  • “The Impact of Local Rule 16 of the United States District Court for the Northern District of California on Markman Hearings in Patent Infringement Actions,” panel discussion presented to San Francisco Intellectual Property Law Association (November 1997)
  • “Valuing Intellectual Property for Dispute Resolution,” 1995 Intellectual Property Business Issues Conference, sponsored by Coopers & Lybrand LLP, Law & Economics Consulting Group (January 1995)
  • “The Impact of Amended Federal Rule 26 on Intellectual Property Litigation,” given to Intellectual Property Managers of Coopers & Lybrand LLP, Emeryville, California (December 1994)
  • “Opening Statements and Closing Arguments in Intellectual Property Cases,” American Bar Association, National Law Institute, “How to Try High Technology Cases,” San Francisco, California (February 1994)
  • “The Constitutionality of Punitive Damages,” Medmarc Loss Prevention Seminar, San Francisco, California (July 1989)
  • “Emerging Trends in Non-Insurance Bad Faith Litigation,” Practising Law Institute Bad Faith Litigation Seminar, San Francisco, California (June 1989)
  • “The Admissibility of Evidence of Intoxication in Products Liability Cases and Its Proof Through Forensic Expert Testimony,” Defense Research Institute, Trial Techniques, Experts and Evidence Seminar, Richmond, Virginia (April 1989)
  • “Opening Statements,” Defense Research Institute, Trial Techniques Seminar, Portland, Oregon (September 1988)
  • “Defending Punitive Damage Claims in Medical Products Liability Cases,” Medmar Loss Prevention Seminar, San Francisco, California (July 1988)

Publications

  • Co-Author, “Emerging Trends in Non-Insurance Bad Faith Litigation,” Bad Faith Litigation and Insurer v. Insured Disputes (Practising Law Institute 1989)
  • “Understanding, Defending and Avoiding Punitive Damage Claims in Products Liability Action,” For the Defense (October 1988)
  • “The Constitutionality of Fixed Check Point Border Searches,” Hastings Constitutional Law Quarterly (1975)

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