“Develop and execute an intellectual property strategy that enhances and enforces the client’s competitive advantages in an effective and efficient manner.” For over twenty (20) years, Kelly Kubasta has built his entire practice around this fundamental objective.
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. 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. Every client expects and deserves a return on investment for every dollar expended on intellectual property legal counsel—whether that legal counsel be in the context of litigation, patent/trademark prosecution, patent/trademark disputes at the Patent Trial and Appeal Board (PTAB) or Trademark Trial and Appeal Board (TTAB), technology transactions, or any other IP-related matter.
Intellectual property disputes require a strong understanding of the underlying technology or brand, combined with an ability to fashion a strategy that applies maximum leverage using all available tools. Moreover, in addition to the legal and factual merits, every dispute requires a creative strategy that aligns the desired result with the business realities of the client. Kelly never loses sight of these realities.
As a Registered Patent Attorney with the U.S. Patent and Trademark Office since 1999, 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—including its reputation and consumer goodwill—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.