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Kevin J. Post
Partner
Kevin Post works extensively with high-technology and life science companies handling their complex patent disputes. He has litigated patent cases in nearly every significant patent jurisdiction, including the International Trade Commission, the District of Delaware, the Northern District of California, the Eastern District of Texas, the Eastern District of Virginia, the Patent Trial and Appeal Board, and the Court of Appeals for the Federal Circuit on behalf of companies in a variety of technical fields, including cellular telecommunications, networking, electronics, computer systems and software, network architecture and security, e-payments, e-commerce, imaging systems, GPS technology, process control systems, mechanical devices, pharmaceuticals, and biotechnology. Kevin has tried multiple cases involving standard-essential patents and RAND licensing issues, including breach of contract cases. From providing licensing support, patent portfolio analysis and due diligence to handling all aspects of trial preparation and trial, Kevin’s experience has touched on all phases of IP litigation.
Experience
- Collision Communications, Inc. v. Nokia Corp. et al.; Collision Communications, Inc. v. Telefonaktiebolaget LM Ericsson et al. (E.D. Tex.; D.N.H.): Representing Collision Communications in two cases in the Eastern District of Texas involving infringement of multiple 3G and 4G/LTE standard-essential patents by Nokia’s and Ericsson’s cellular infrastructure products and services. Also representing Collision in its separate breach of contract case against Nokia in the District of New Hampshire.
- Godo Kaisha IP Bridge 1 v. Telefonaktiebolaget LM Ericsson et al.; Godo Kaisha IP Bridge 1 v. Nokia Corp. et al. (E.D. Tex.): Co-lead counsel representing IP Bridge in two cases in the Eastern District of Texas involving assertion of multiple patents essential to 4G/LTE and 5G telecommunications standards against defendants’ cellular infrastructure products and services.
- Defended a major multinational telecommunications equipment company in an action alleging infringement of patents directed to various networking, LTE, and Power-Over-Ethernet technologies.
- Godo Kaisha IP Bridge 1 v. TCL Communication Technology Holdings Limited et al. (D. Del.): Trial counsel representing IP Bridge at jury trial in asserting standards-essential patents related to the 4G/LTE telecommunications standard. After seven-day trial, the jury found all four asserted claims essential, valid, and infringed and awarded FRAND damages. The Federal Circuit affirmed the district court judgment in a precedential decision.
- Represented TPG Global, LLC in patent infringement case involving eleven patents asserted against various portfolio companies; secured early dismissal without motion practice.
- Advising several large, multinational technology companies in licensing negotiations involving standards-essential patents directed to cellular, telecommunications, networking, and video coding technologies.
- Ragner Technology et al. v. National Express / Telebrands (D.N.J.): Co-lead counsel representing patent owner Ragner Technology and exclusive licensee Tristar Products in a set of competitor cases, asserting patents covering expandable garden hoses and methods of use, as well as raising claims of false advertising and unfair competition.
- Represented StrikeForce Technologies, Inc. as co-lead counsel in a series of district court actions involving the assertion of its patents relating to out-of-band authentication techniques and systems. Cases included actions in the District of Massachusetts (Gemalto, Inc.; Vasco Data Security) and the Eastern District of Virginia (SecureAuth Corp.; Entrust, Inc.). Also represented StrikeForce in defense of one of its patents in inter partes review proceedings at the Patent Trial and Appeal Board.
- Defending Samsung Electronics in multiple district court litigations regarding image sensors and imaging software.
- Defended the world’s leading consumer electronics company in district court litigation regarding electronic sale and transmission of music and video, and data storage and access systems.
- Defended Samsung Electronics in an ITC Investigation brought by InterDigital related to 3G and 4G standards wireless standards and RAND licensing.
- Defended the world’s leading consumer electronics company in district court litigation regarding computer operating systems.
- Microsoft Corp. v. Motorola Mobility LLC. (W.D. Wash., W.D. Wis., S.D. Fla.): In the Matter of Certain Gaming and Entertainment Systems, Related Software, and Products Containing Same (337-TA-752): Represented Motorola in a multi-district dispute between Motorola and Microsoft involving patents directed to telecommunications standards, digital video coding technology, mobile browsing technology, digital set-top boxes, gaming technology, and smartphone features and functionality, among other technologies. The cases also involved contract-based claims directed to RAND licensing issues.
- Motorola, Inc. v. Research In Motion, Ltd. (N.D. Tex.): In the Matter of Certain Wireless Communication System Server Software, Wireless Handheld Devices and Battery Packs (U.S.I.T.C.): Represented Motorola in an ITC Investigation against RIM involving five patents relating to telecommunications standards, battery packs and smartphone features, as well as district court litigation involving patent claims and contract claims related to RAND licensing.
- Motorola, Inc. v. VTech Communications, Inc. (E.D. Tex.): Represented Motorola in a successfully concluded litigation involving six patents asserted against VTech relating to telecommunication products and features.
- NTP, Inc. v. Motorola, Inc. (E.D. Va.): Represented Motorola in defense of an eight-patent patent infringement lawsuit related to wireless e-mail technology.
- Genetic Technologies Limited v. Agilent Technologies, Inc. (D. Colo., N.D. Cal.): Represented Agilent in defense of litigation regarding DNA testing and analysis.
- Fisher-Rosemount Systems, Inc. v. Control Systems International, Inc. (S.D. Tex.): Represented Fisher-Rosemount Systems, Inc. in a two-patent cross-suit involving automated control systems for industrial processes.
Publications
- Co-author, “Juries to play key role in SEP litigation for infringement and damages,” Global Competition Review and Intellectual Asset Management (January 6, 2023)
- Co-author, “Volatile US executive policy landscape means uncertainty for injunctions in SEP litigation,” Global Competition Review (December 21, 2022)
- Quoted, “Revised Essential-Patent Policy to Spur New Injunction Fights,” Law360 (October 7, 2022)
- Quoted, “DOJ SEP Policy Would Impede or Speed Up Negotiations: In-House,” Managing Intellectual Property (December 15, 2021)
- Quoted, “Draft Standard-Patent Guidance Is U.S. Bid in Global Debate,” Bloomberg Law (December 8, 2021)
- Quoted, “NPE Litigation in the US Bounces Back,” Intellectual Asset Management (IAM) (September 22, 2021)
- Quoted, “Fifth Circuit FRAND Ruling Could Attract SEP Owners Back to US Courts,” International Asset Management (IAM) (September 10, 2021)
- Quoted, “FTC to Come Back Stronger After Dropping Qualcomm Litigation,” Bloomberg Law (April 2, 2021)
- Co-author, “The Internet of Things: Application of Current FRAND Methodologies in Developing Markets,” The New York Law Journal (March 19, 2021)
- Co-author, “Licensing and Litigation of 5G Standard-Essential Patents,” Bloomberg Law (December 7, 2020)
- Co-author, “U.K. Supreme Court Permits SEP Holders to Require Worldwide FRAND Licenses,” IP Litigator (September-October 2020)
- Co-author, “INSIGHT: The PREP Act May Ward Off Coronavirus-Related Patent Infringement Claims,” Bloomberg Law (April 10, 2020)
- Co-author, “Challenges in Quantifying 5G Benefits and SEP Value,” Bloomberg Law (April 8, 2020)
- Co-author, “Opportunities and IP Risks Surrounding 5G: The Next Dominant Cellular Technology,” Bloomberg Law (October 30, 2019)
- Co-author, “What To Expect From An Appeal Of FTC V. Qualcomm,” Law360 (June 5, 2019)
- Quoted, “Patent Eligibility Overhaul Framework May Spur New Fights,” Law360 (April 19, 2019)
- Co-author, “Licensing Strategies for SEP Licensors in the Internet of Things Age,” Bloomberg Law’s Tech & Telecom Law (December 13, 2018)
- Co-author, “FRAND: Beginning With a Three-Pronged Approach,” World IP Review (September 10, 2018)
- Co-author, “Emerging Global Trends in Standard-Essential Patent Litigation, Part II,” Bloomberg Law’s Patent, Trademark & Copyright Journal (June 22, 2018)
- Co-author, “Emerging Global Trends in Standard-Essential Patent Litigation, Part I,” Bloomberg Law’s Big Law Business (June 15, 2018)
- Co-author, “Internet of Things: Manufacturers’ Patent, Business Considerations,” Bloomberg Law’s Patent, Trademark & Copyright Journal (May 18, 2018)
- Co-author, “Internet of Things: Next Patent War Zone,” Bloomberg BNA’s Patent Trademark & Copyright Journal (January 11, 2018)
- Cited, “Federal Circuit Keeps Alice Patent Ruling in $533 Million Apple Suit,” Law360 (June 12, 2017)
- Co-author, “Comparing U.S. and EPO Approaches to Diagnostic Patents,” Bloomberg BNA’s World Intellectual Property Report (June 2017)
- Cited, “Full Federal Circuit Urged to Eye Alice Nix in $533 Million Apple Case,” Law360 (April 17, 2017)
- Cited, “Federal Circuit Kills 3 Patents in $533M Apple Case Under Alice,” Law360 (March 1, 2017)
- Cited, “Fed. Circ. Grants Stays To Apple, Samsung In Smartflash Case,” Law360 (July 10, 2015)
- Cited as “Legal Lion,” “Law360's Weekly Verdict: Legal Lions & Lambs,” Law360 (July 9, 2015)
- Cited, “Judge Tosses $533M Verdict Against Apple in Patent Row,” Law360 (July 7, 2015)
- Cited, “Apple Dodges Potential $1.6B Award In Smartflash IP Suit,” Law360 (July 2, 2015)
Presentations
- Speaker, “Litigating Standard Essential Patents in the U.S.,” IPWatchdog SEP Symposium (November 8-11, 2021)
- Speaker, “SEPs and FRAND: 5G, IoT and Emerging Technologies” Managing IP U.S. Patent Forum (September 22-23, 2021)
- Speaker, “SEPs: The Changing Global Landscape,” IP Watchdog Conference (September 12-14, 2021)
- Speaker, “The Latest on SEPs/FRAND,” FCBA Bench & Bar Conference (June 23, 2021)
- Speaker, “Open Forum: Navigating the Turbulent Global SEP Landscape,” IAM IPBC Connect (March 24, 2021)
- Speaker, “Litigating SEPs in the United States,” IP Watchdog Standard Essential Patent Symposium (November 17, 2020)
- Speaker "The State of Play with SEPs in an Unwired World," LBR Webinar (November 12, 2020)
- Speaker, “Litigating SEPs in the United States,” IP Watchdog Standard Essential Patent Symposium (November 10, 2020)
- Speaker, “Understanding the ITC’s Approach to Standard Essential Patents,” ACI’s 12th Annual Practitioners’ Think Tank on ITC Litigation and Enforcement (August 24-25, 2020)
- Speaker, “Patent Infringement Risks for Companies Manufacturing COVID-19 Related Products Protected by Third-Party Patents,” Strafford Webinar (June 4, 2020)
- Moderator, “Innovation in Standards,” Unified Patents Sixth Annual Corporate IP Strategy Conference (November 6, 2019)
- Speaker, “Investigating the Interplay Between ITC and PTAB,” 11th Annual Expert Forum on ITC Innovation & Litigation (June 26-27, 2019)
- Speaker, “The Dollars, Cents and Due Diligence of Pharmaceutical Patent Life Cycle Management and Litigation Planning,” ACI Paragraph IV Disputes Conference (April 23, 2018)
- Speaker, “101 Developments: Exploring Legislative Initiatives,” ACI Life Sciences & Medical Device Patents Conference (February 22, 2018)
- Speaker, “Identifying the Best Strategies for You to Deal with the Administrative Changes,” Managing IP PTAB Forum (May 16, 2017)
- Speaker, “The Dollars, Cents and Due Diligence of Pharmaceutical Patent Life Cycle Management and Litigation Planning,” Paragraph IV Disputes Conference (April 25, 2017)
- Speaker, “Can Recent Rule Changes Facilitate Efficient Resolution of Section 337 Cases?” ACI Expert Forum on ITC Litigation & Enforcement (February 22, 2017)
- Speaker, “Post-Alice: Getting and Enforcing FinTech Patents,” Ropes & Gray IP Master Class Financial Services Roundtable (April 28,2016)
Education
- JD, The George Washington University Law School, 2005
- AB (Chemistry with a concentration in Biology), Duke University, 2002
Admissions / Qualifications
Qualifications
- New York
- District of Columbia
Court Admissions
- U.S. Court of Appeals for the Third Circuit, 2017
- U.S. Court of Appeals for the Fifth Circuit, 2020
- U.S. Court of Appeals for the District of Columbia Circuit, 2006
- U.S. Court of Appeals for the Federal Circuit, 2009
- U.S. District Court for the District of Colorado, 2012
- U.S. District Court for the District of Columbia, 2007
- U.S. District Court for the Southern District of New York, 2006
- U.S. District Court for the Eastern District of Texas, 2015
Awards
- BTI Client Service All-Stars (2018)
- Benchmark Litigation Under 40 Hot List (2017-2019)
- Washington, D.C. Super Lawyers Rising Star (2014-2019)
- New York Super Lawyers Rising Star (2014-2020)