IP Departament

Intellectual Property Department

Kilpatrick’s reputation for Intellectual Property excellence provides access to work for clients developing some of the most surprising and revolutionary ideas, products and designs. We are hired by the world’s most innovative technology companies, not merely for our size and breadth of technical expertise but, increasingly, for our ability to solve their most pressing business problems and to protect their most valuable IP.

 

#1 for most US Attorneys Ranked in World Trademark Review 1000 (2024).

One of only three U.S. law firms ranked Global Band 1 for Trademark, Copyright, & Trade Secrets by Chambers Global (2023).

Awarded “IP Firm of the Year for the Americas” by Managing IP (2024), and also recognized as “U.S. Trademark Prosecution Firm of the Year” for the third year in a row and sixth time overall.

Featured as Top 10 Patent Firms and IP Practices in our jurisdiction and recognized as an “Award Winning Law Firm 2024” by The Patent Lawyer Magazine.

Ranked among top performing and most active patent litigation firms in Patexia’s Patent Litigation 2024 Intelligence Report.

“Law Firm of the Year” for Litigation – Intellectual Property in the 2024 Edition of Best Law Firms®.

Intellectual Property

40
Chemistry & Life Sciences
63
Electronics/Software
2
Intellectual Property - General
20
Medical & Mechanical Devices
42
Patent Litigation
122
Trademark/Copyright
289
Total

Intellectual Property

113
Partner
110
Associate/Senior Associate
23
Counsel/Senior Counsel
1
Law Clerk
27
Team Attorney
15
Patent Agents
289
Total

IP Chair Profile

Partner Chair of IP Jennifer D. Arkowitz
Services
  • Clearance & Portfolio Management
  • Intellectual Property
  • Trademark, Copyright & Advertising
Admissions
  • Georgia (2022)
  • California
Education
  • University of California, Hastings College of the Law J.D. (2004)
  • Arizona State University, University Honors College B.S. (1997) Justice Studies, summa cum laude
  • Arizona State University, University Honors College B.A. (1997) History, summa cum laude

CASE STUDY

adidas

Case settlement for adidas in one of the largest patent cases in the footwear industry

In August 2022, Kilpatrick represented adidas AG, adidas North America, Inc., adidas America, Inc., and adidas International Trading AG in a patent infringement and importation investigation at ITC brought by Nike, Inc., related to the design and manufacture of shoe uppers for knitted footwear, with related action in Oregon federal court. One of the largest patent cases in the footwear industry, the case involved nine U.S. patents from multiple distinct families of patents, each covering a different subject matter. After completing both fact and expert discovery, the case was settled on confidential terms shortly before the evidentiary hearing at the ITC.

Kilpatrick Client Success

$100 Million Win for Client GREE in Mobile Gaming Patent Clash

In May 2021, a Texas jury handed down a $92 million verdict in favor of Kilpatrick client GREE, Inc. in its long-running patent battle with Supercell Oy, increasing the total jury verdicts GREE has obtained against Supercell to over $100 Million. GREE is a Japanese gaming and internet media company and a pioneer in mobile social gaming, including in cutting-edge technologies that enable the “freemium” model of gaming apps where the original download is free but players can buy additional valuable virtual items within the app.

GREE sued Supercell, a Finnish mobile gaming company owned by China’s media giant Tencent, asserting that Supercell’s freemium gaming app hits “Clash of Clans,” “Hay Day,” and “Clash Royale” infringed six of GREE’s patents that cover such features as allowing players to participate in virtual battles, aiding players in acquiring valuable virtual items, and enabling social game play that encourages player engagement. At a trial in May 2021, the jury found that Supercell’s apps – which brought Supercell more than $3 billion in earnings in the US over the relevant time – infringed all six of GREE’s patents, and awarded GREE $92 million in damages, the exact amount GREE sought. The jury also rejected Supercell’s contention that the patents were invalid. Moreover, the jury found that Supercell’s infringement was willful, which could treble the $92 million damages awarded to GREE.

This is the second patent case in which GREE has recently prevailed over Supercell. In September 2020, another Texas jury found that Supercell willfully infringed a different set of five GREE patents and awarded $8.5 million in damages. Notably, the two Texas cases are only a portion of the complex series of legal actions between the parties, including proceedings in the U.S. Patent Trial and Appeal Board and appeals in the Federal Circuit, and Kilpatrick has been by GREE’s side in each and every proceeding.