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Chris Kennerly Partner, Litigation Department
Palo Alto T 1(650) 320-1808 F 1(650) 320-1908
Chris Kennerly is a partner in the Intellectual Property practice and is based in the firm’s Palo Alto office. Mr. Kennerly has experience in virtually all areas of IP law and practice, including patent and trade secret litigation, patent portfolio development and management, patent, software, and technology licensing, and comprehensive IP counseling. His experience spans a broad range of technologies in the computer, high-tech, electronics, networking, semiconductor, medical device, software and telecom fields.

Mr. Kennerly has significant experience leading teams in high-profile IP cases nationwide, particularly in prominent venues such as California, Delaware, Texas, and Virginia. He typically “quarterbacks” cases from filing through resolution, and is comfortable in a “first chair” role both in the courtroom and in other settings.

Mr. Kennerly has also counseled established public companies, small start-up companies and individuals on many aspects of IP protection, licensing, risk analysis and dispute resolution. He has helped clients develop and enforce robust patent portfolios that protect substantial revenue streams, reduce exposure to IP claims and provide other sources of value.



Recent Representations

Selected IP Litigation Matters 

  • Advanced Neuromodulation Systems (E.D. Tex. – Sherman) – offensive and defensive patent and trade secret cases involving implantable spinal cord stimulation technology; resolved shortly before trial
  • Alcatel (Dallas County, Tex.) – trade secret litigation involving Intelligent Network switching, service creation and management and data communications technology; resolved six weeks into trial
  • AT&T Corp. (C.D. Cal.) – defense of patent infringement claims directed to digital video encoding technology 
  • AT&T Corp. (N.D. Cal.) – defense of patent case directed to IP-based video conferencing solutions; resolved after Markman ruling
  • AT&T Corp. (D. Del.) – defense of patent case involving ADSL technology
  • AT&T Corp. (E.D. Tex. – Marshall) – defense of patent case involving packet-switching, routing and fiber optic technologies; resolved after Markman ruling 
  • AT&T Corp. (E.D. Tex. – Marshall) – defense of patent litigation involving digital video recorder (DVR) software; resolved shortly before trial 
  • AT&T Mobility (C.D. Cal.) – defense of patent claims directed to privacy controls for navigation and other location-based services (LBS) 
  • AT&T Mobility (D. Del.) – defense of patent case directed to SMS and MMS messaging, 802.11 and Wi-Fi, and various other wireless communications technology
  • AT&T Mobility (D. Md.) – defense of patent litigation involving SMS text messaging technology; obtained summary judgment of non-infringement, which was affirmed on appeal
  • AT&T Mobility (N.D. Tex; W.D. Wa.) – offensive and defensive patent infringement litigation involving cellular telephone modem technology 
  • AT&T Mobility (E.D. Tex. – Marshall, Tyler) – defense of multiple patent cases directed to E-911, navigation and other location-based services (LBS) 
  • AT&T Mobility (E.D. Va.) – defense of patent infringement claims directed to wireless email services 
  • eSpeed (N.D. Tex. – Dallas) – patent infringement case against commodities and options exchanges involving automated futures trading technology; resolved shortly before trial 
  • Ericsson, AT&T Mobility, T-Mobile, etc. (E.D. Tex. – Marshall) – patent case involving Intelligent Network prepaid wireless systems and services; resolved shortly before trial 
  • Idearc (E.D. Tex. – Marshall) – patent infringement case involving database and search engine technology; resolved after Markman ruling 
  • OpinionLab (N.D. Ill.) – multiple offensive and defensive patent infringement actions involving web page feedback solutions 
  • Skechers (E.D. Tex. – Marshall) – defense of patent case involving athletic shoe technology 
  • Verizon (E.D. Tex. – Tyler) – patent infringement case involving Internet access technologies, resolved after Markman ruling 
  • Verizon (N.D. Tex. – Fort Worth) – defending patent infringement case involving VoIP services 
  • Verizon (E.D. Tex. – Beaumont) – defended patent case involving prepaid calling cards and point-of-sale activation technology; resolved during trial 
  • Verizon Wireless (E.D. Tex. – Marshall) – defense of patent claims involving enhanced mobile telecommunications services 
  • Yellowpages.com (E.D. Tex. – Marshall) – patent case involving database and search engine technology

Selected Counseling and Transactional Matters

  • Advanced Neuromodulation Systems – patent prosecution, legal opinions and counseling related to neurostimulation systems; worked to protect IP developed through university and institutional research; facilitated IP due diligence for $1.3 billion acquisition
  • i2 Technologies – developing and managing a worldwide patent portfolio directed to supply-chain planning and business-to-business (B2B) collaboration software and associated business methods; patent, trademark and other IP disputes; comprehensive IP counseling 
  • Liberty Media – managed IP-related due diligence for $7.9 billion acquisition 
  • OpinionLab – working with successful start-up company to develop, license and enforce patent portfolio directed to software for collecting and reporting web page feedback from Internet users; patent, trademark and other IP disputes, including patent litigation; comprehensive IP counseling 
  • Dr. W. Keith Thornton – worked with individual inventor in developing and licensing his worldwide patent portfolio directed to oral appliances to treat sleep disorders; patent, trademark and other IP disputes, including patent litigation; comprehensive IP counseling 
  • Tyco Healthcare – conducted IP investigations and IP due diligence review for potential acquisitions


Accolades and Recognitions

  • Named a 2014 Northern California Super Lawyer
  • Repeatedly named one of the “Top 75 Litigators” in California, by Daily Journal
  • Repeatedly named a “Rising Star” in Texas and Northern California in IP Litigation by Law & Politics
  • Repeatedly named one of the “Best Lawyers Under 40” by D Magazine 
  • Named an “IP Star” by Managing Intellectual Property



Speaking Engagements and Publications

Selected Publications 

  • “The New Patent Joinder Rules,” California Lawyer, September 2012
  • “A Trip Through the Patent Funhouse: Identifying and Resolving Complex Legal and Business Issues,” Inside the Minds: Developing a Patent Strategy, Aspatore Books, 2005

Selected Speeches and Presentations 

  • “NPE Litigation – Defense Strategies,” American Intellectual Property Law Association (AIPLA), Webinar, Palo Alto, 2013
  • “Extraterritorial Patent Enforcement Under Section 271(f),” Advanced Patent Law Institute, Stanford Program in Law, Science & Technology, Berkeley Center for Law & Technology and The University of Texas School of Law, San Jose, 2007
  • “Avoiding Potholes on the Road to Exclusivity,” American Intellectual Property Law Association (AIPLA), PPPT_Workshop, Washington, D.C., 2004–2006
  • “Pre-Filing Patentability Searches: Why, How, and What Then?” American Intellectual Property Law Association (AIPLA), Spring Meeting, Dallas, 2004
  • Panel Moderator, “Commercialization of IP Developed Through University Research,” Southwest Bio, Venture Capital Conference, Houston, 2003
  • “Intellectual Property Fundamentals: What Every Innovator Should Know,” DeVry University, Dallas, 2002
  • Various CLE presentations to client and public audiences on claim construction, divided infringement, cloud computing, and other topics


Professional and Community Involvement

  • Admitted to the State Bars of California and Texas
  • United States Patent and Trademark Office
  • United States Court of Appeals for the Federal Circuit
  • United States District Courts for the Northern, Central and Eastern Districts of California
  • United States District Courts for the Northern and Eastern Districts of Texas
  • Past chairman, Dallas Bar Association, Computer Law Section 
  • Fellow, Dallas Bar Foundation 
  • AIPLA, Patent Litigation Committee member, Co-chair of Subcommittee on Expert Issues, Subcommittee on Damages Issues member, Trade Secrets Committee member 
  •  Past president, Dallas-Fort Worth Intellectual Property Law Association 
  • IEEE, Signal Processing Society, Engineering in Medicine and Biology Society
  • Past member, Greater Dallas Chamber of Commerce, Technology Business Council, Life Sciences Leadership Committee, Communications Campaign Committee, Economic Development Council



Education

  • Southern Methodist University School of Law, J.D. (cum laude, Order of the Coif, Articles Editor of the SMU Law Review), 1995
  • University of California at Berkeley, B.S. in Bioengineering,1992
  • The University of Texas at Dallas, M.S. in Electrical Engineering, 2001