For more than 20 years, Kelly Kubasta has built his entire practice around developing and executing an intellectual property strategy that enhances and enforces the client’s competitive advantages in an effective and efficient manner.
Kelly partners with each of his clients to leverage an entire array of intellectual property assets, including patents, trademarks, service marks, trade dress, copyrights, and trade secrets. His practice spans all phases, including:
- Developing and maintaining an IP portfolio both in the U.S. and abroad;
- Monetizing IP assets through technology transactions such as software licenses, Software as a Service (SaaS) agreements, joint marketing agreements, joint development agreements, and manufacturing/distribution agreements; and
- Enforcing and defending IP assets, including patent, trademark, and unfair competition litigation, patent validity disputes at the Patent Trial and Appeal Board (PTAB), and trademark disputes at the Trademark Trial and Appeal Board (TTAB).
With a wide-ranging intellectual property practice, Kelly brings a unique ability to understand each client’s business, distill and refine the key issues, and implement an intellectual property strategy that maximizes the client’s short-term and long-term advantages.
As a registered patent attorney with the United States Patent and Trademark Office, Kelly counsels clients in strategic patent portfolio management across many technologies, including automotive, computer software, consumer goods, consumer electronics, telecommunications, energy exploration and production, medical, nutraceuticals, and water filtration. He frequently handles patent validity disputes at the PTAB and patent infringement/validity disputes in Federal Court, thus bringing a holistic perspective that improves the likelihood of validity and enforceability of his client’s patents—and achieving monetary and competitive return on investment in a targeted patent portfolio.
No matter the industry, a client’s brand is often one of its most valuable assets. Kelly dedicates a substantial portion of his practice to trademark and branding issues, including development/maintenance of trademark portfolios (domestic and international), clearance of trademarks, licensing and monetization, and disputes over trademark and trade dress rights. Kelly frequently handles trademark opposition and cancellation proceedings at the TTAB, pre-suit demands and settlement agreements, and litigation of trademarks in Federal and/or State Court.
Kelly has been named as one of The Best Lawyers in America® – Commercial Litigation, Litigation – Intellectual Property (2014-2022), Texas Super Lawyer – Intellectual Property (2011-2022), Best Lawyers in Dallas (D Magazine, 2011, 2013, 2015-2022), has been recognized in the field of Patent Prosecution & Transactions (IAM) Patent 1000: The World’s Leading Patent Practitioners (Globe White Page Ltd, 2022), and has received an AV Preeminent® Peer Review Rating by Martindale-Hubbell.
