Colin T. Kemp
Partner

Mr. Kemp is a member of the firm’s litigation, as well as the intellectual property (IP) group. His practice focuses on IP litigation in the life sciences, biotechnology and medical device fields, although his practice also includes general business, unfair competition and securities litigation matters, and internal corporate and pre-litigation investigations.

A representative list of Mr. Kemp’s cases is set forth below. He has tried both civil and criminal matters to jury verdict in state and federal courts.

Mr. Kemp is also one of Pillsbury’s authors of Practicing Law Institute’s treatise, "A Practical Guide to Life Sciences Companies, Commercializing and Protecting Innovation." In particular, Mr. Kemp was one of the primary authors of the treatise’s 12 chapters on patent litigation.

• Brighton Collectibles, Inc. v. Renaissance Group International, et al. (U.S. District Court, S.D. Cal.)—Defended against trademark, trade dress and copyright infringement and related claims.
• Human Touch, LLC (formerly Interactive Health, LLC) et al. v. KingKong USA, Inc. et al. (U.S. District Court, C.D. Cal.)—Defended against patent infringement claims.

• Artes Medical USA, Inc. v. BioForm Medical, Inc. (U.S. District Court, S.D. Cal.; California Superior Court; Regional Court, Patent Panel, Frankfurt, Germany)—Actions to determine rights under option and license agreement for patent regarding medical device implant materials and for infringement of U.S and foreign patents
• Chiron v. SourceCF (U.S. District Court, N.D. Cal.)—Action alleging Lanham Act violations due to alleged marketing of unsafe medical device for use in combination with drugs for treatment of CF
• Heineken Brouwerijen B.V and Heineken USA Inc. v. Winery Exchange, Inc. (U.S. District Court, N.D.)—Action alleging trademark infringement in connection with beer labels
• Hoffman-La Roche, Inc. v. Promega Corp. (U.S. District Court, N.D. Cal.)—Action alleging infringement and counterclaims to declare invalidity or unenforceability of patents relating to polymerase chain reaction
• Immunex Corp. and Amgen Inc. v. Trustees of Columbia University and related action (U.S. District Courts, C.D. Cal. and D. Mass. (MDL case))—Action regarding rights under license to Axel patents relating to cotransformation of mammalian cells to produce proteins of interest
• Regents of the University of California v. Agouron Pharmaceuticals, Inc. (later, Pfizer Inc) (California Superior Court)—Action to resolve dispute regarding royalty base under license agreement regarding material used to make protease inhibitor
• XOMA Ltd. v. Biosite Inc. (U.S. District Court, N.D. Cal.)—Actions regarding patent infringement and purported termination of license to patents claiming modular assembly of antibodies

• County of Santa Clara v. Astra USA, Inc. et al. (U.S. Supreme Court; 9th Circuit, U.S. District Court, N.D. Cal.)—Purported Class action challenging alleged industry practices regarding pricing to “Section 340B” qualified entities
• In re Pharmaceutical Industry AWP Pricing Litig. (Sicor) (U.S. District Courts (several) and MDL in D. Mass.)—Class actions challenging alleged industry practices regarding average wholesale price reporting
• Siemers v. Wells Fargo & Co., et al (U.S. District Court, N.D. Cal.)—Class action alleging securities law violations in connection with the sale of mutual funds and other securities

• Secondment to Alameda Country District Attorney’s Office in 2006—Varying misdemeanor jury trials, felony preliminary examinations, and other evidentiary hearings

• Super Lawyers, Rising Stars—Northern California (2011-2012)