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Pillsbury Pillsbury Pillsbury
Pillsbury
San Francisco
Four Embarcadero Center
22nd Floor
San Francisco, CA 94111-5998
Tel. +1.415.983.1918
Fax. +1.415.983.1200
Practices / Industries
Admissions
State of California
Education
J.D., Santa Clara University School of Law, 2001
cum laude
B.S., Double Major in Biology (with a focus on Molecular Biology and Chemistry) and Philosophy, Lewis & Clark College, 1996

Professionals

Colin T. Kemp

Colin T. Kemp
Partner

Colin Kemp is a trial attorney in the law firm’s Litigation group, with a particular emphasis on intellectual property litigation. He is located in the San Francisco office. A substantial portion of his IP litigation practice involves representing companies in the life sciences, biotechnology and medical device fields in all types and phases of disputes, whether with pre-litigation counseling and analysis, or prosecuting or defending against patent infringement and/or breach of license agreement actions. In addition, Mr. Kemp was one of Pillsbury’s authors of the Practicing Law Institute’s treatise, "A Practical Guide to Life Sciences Companies, Commercializing and Protecting Innovation," and was a primary author of the treatise’s 12 chapters on patent litigation.

Mr. Kemp’s practice, however, extends beyond the life sciences sectors—he handles all types of patent, trademark, trade dress, and unfair competition cases, as well as general business, real estate and securities litigation matters; and he has also conducted internal corporate and pre-litigation investigations. Although a tireless trial attorney who has tried cases to juries in both federal and state courts, Mr. Kemp is also adept at mediating cases to early resolution.

Mr. Kemp believes strongly in giving back to the community. He serves on the Board of Directors for the Justice & Diversity Center of The Bar Association of San Francisco – the JDC is devoted to advancing fairness and equality by providing pro bono legal services to low-income people and educational programs that foster diversity in the legal profession. He also maintains a strong pro bono litigation practice. For example, in 2011-2013, he prosecuted a civil rights action for an inmate in California’s Centinela State Prison against prison guards for a beating that occurred during routine cell sweeps.

Representative Matters
  • ACCO v. Comarco Wireless Technologies, Inc. (U.S. District Court, N.D. Cal.): Defending Comarco (patentee) in a declaratory judgment non-infringement/invalidity action concerning patents claiming universal power supply equipment; briefed and argued claim construction in late 2012, obtaining 100% victory on all disputed claim term construction.
  • Al Saud v. LaBonte (U.S. District Court, N.D. Cal.): Brought anti-cybersquatting action on plaintiff’s behalf and successfully obtained emergency temporary restraining order preventing defendant’s sale of internet domain name; thereafter, defendant stipulated to preliminary and permanent injunctions and transferred domain name to plaintiff.
  • Artes Medical USA, Inc. v. BioForm Medical, Inc. (U.S. District Court, S.D. Cal.; California Superior Court; Regional Court, Patent Panel, Frankfurt, Germany): Represented BioForm Medical in domestic and international actions (i) to determine the rights under a license to patents covering medical device implant materials and (ii) for infringement of the licensed patents; case resolved prior to trial.
  • Brighton Collectibles, Inc. v. Renaissance Group International, et al. (U.S. District Court, S.D. Cal.): Represented Ralphs Grocery Company in trademark, trade dress and copyright infringement actions concerning women’s handbags tried to jury; obtained defense verdict on all significant damages claims.
  • Chiron v. SourceCF (U.S. District Court, N.D. Cal.): Defended SourceCF in a Lanham Act false advertising/unfair competition action alleging the marketing of an unsafe medical device for use in combination with drugs for the treatment of cystic fibrosis; action resolved prior to trial.
  • Heineken Brouwerijen B.V and Heineken USA Inc. v. Winery Exchange, Inc. (U.S. District Court, N.D.): Defended Winery Exchange against an action alleging trademark infringement in connection with the look and feel of Heineken’s allegedly unique beer label; action resolved prior to trial.
  • Hoffman-La Roche, Inc. v. Promega Corp. (U.S. District Court, N.D. Cal.): Defended Promega in an action alleging infringement of patents relating to a polymerase chain reaction; obtained a ruling that Roche’s “Taq” patent was unenforceable due to inequitable conduct; remainder of action resolved prior to trial.
  • Human Touch, LLC v. KingKong USA, Inc. (U.S. District Court, C.D. Cal.): Represented KingKong in a patent infringement suit concerning automated massage chairs in a jury trial; the matter settled after KingKong presented an overwhelming case of invalidity but just before the jury announced its verdict.
  • 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)): Represented Amgen in an action regarding rights under a license to Axel patents relating to the co-transformation of mammalian cells to produce proteins of interest; action resolved prior to trial.
  • Regents of the University of California v. Agouron Pharmaceuticals, Inc. (later, Pfizer Inc.) (California Superior Court, County of San Francisco): Represented Agouron Pharmaceuticals in an action to resolve a dispute regarding the royalty base under a license agreement regarding material used to make a protease inhibitor; action resolved prior to trial.
  • Sony Computer Entertainment America LLC v. Bridgestone Americas Tire Operations LLC (U.S. District Court, N.D. Cal.): Defended Bridgestone Americas against a Lanham Act unfair competition action concerning an alleged character appearing in a television commercial; action resolved prior to trial.
  • XOMA Ltd. v. Biosite Inc. (U.S. District Court, N.D. Cal.): Represented Biosite in actions regarding patent infringement and purported termination of a license to patents claiming modular assembly of antibodies; action resolved prior to trial.
Honors & Awards
  • Super Lawyers, Rising Stars—Northern California (2011-2013)
Affiliations

Board Member, Justice & Diversity Center, The Bar Association of San Francisco

Pillsbury
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