Colin’s courtroom presence is incredible. He is one of the very best I have seen in court. I use him for all of my significant cases.
—Mark Van De Voorde, Esq., Chief Legal and Administrative Officer, Victaulic Co.

Colin Kemp focuses his practice on assisting clients with high-stakes litigation matters.

Colin is a trial lawyer in Pillsbury’s recognized Intellectual Property and Insurance Recovery & Advisory practice groups. Colin has tried patent, trademark and insurance cases—and criminal cases, as a visiting Alameda County deputy district attorney in 2005.

Jurors have praised his “mad skills” and called him “the killer.” Leveraging his background in biology and philosophy, Colin understands the complicated scientific issues in his cases, and is able to explain them in layman’s terms to juries.

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Victaulic Company, the world leader in couplings and mechanical pipe joining devices, uses Colin as coordinating and trial counsel on all manner of litigation, including IP, insurance recovery and product liability matters.

But it’s not all about “trials.” Colin also provides strategic advice and counsel to Victaulic and such other clients as the Klamath River Renewal Corporation, the entity overseeing the largest dam removal project in U.S. history, and JUUL Labs, Inc., the entity working to transition adult smokers away from and eliminating combustible cigarettes.

Colin is also heavily involved in the local legal community, where he has served on the Northern District of California’s Civil Local Rules Committee for over nine years, acting as a liaison between the San Francisco bar and judges of the Northern District in issues of civil rules and procedure. He has been continuously involved with the Bar Association of San Francisco in many ways, as well.

Colin has been a constant in Pillsbury’s management and leadership in his 20+ years with the firm.  Among other committee work and the like, Colin is the immediate former head of Pillsbury’s San Francisco Litigation Group (2017 – 2023), including during the COVID-19 pandemic, is on the San Francisco Recruiting Committee (2016 – present), and teaches the firm’s Trial Advocacy Program (2018 – present).

Representative Experience

Intellectual Property

Representing Victaulic Company in a variety of IP litigation matters, including:

  • Victaulic Company v. ASC Engineering Solutions (U.S.D.C., D. Del.). Serving as lead trial counsel in a patent litigation case involving mechanical coupling and fitting patents; tried to jury in April 2023; case currently pending post-trial proceedings.
  • Victaulic Company v. HiTHERM (U.S.D.C., E.D. Pa). Serving as lead trial counsel in a trade secret dispute involving proprietary insulation materials; trial anticipated 2024.

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Intellectual Property (cont'd)

  • MicroVention, Inc. v. Balt USA, LLC (U.S.D.C., C.D. Cal). Serving a trial counsel to MicroVention in two pending IP cases (one patent; one trade secret).
  • Human Touch LLC v. KingKong USA, Inc. (U.S.D.C., C.D. Cal.). Served as trial counsel to KingKong in patent infringement suit concerning automated massage chairs; matter settled mid-trial at apex of uncertainty after KingKong presented compelling case of patent invalidity.
  • Brighton Collectibles v. Ralphs Grocery Co. (U.S.D.C., S.D. Cal.). Served as trial counsel to Ralphs and delivered defense jury verdict on all significant claims in trademark, trade dress and copyright infringement action concerning stylized women’s handbags.
  • ACCO Brands v. Comarco (U.S.D.C., N.D. Cal). Defended Comarco (patentee) in declaratory judgment non-infringement/invalidity action concerning patents claiming universal power supply equipment; briefed and argued claim construction, obtaining 100% victory on all disputed claim term construction; matter settled thereafter.

Other Representative IP Matters

  • Brought anti-cybersquatting action on plaintiff’s behalf and successfully obtained a temporary restraining order preventing sale of internet domain name; defendant stipulated to permanent injunctions and transferred domain name to plaintiff.
  • Defended Bridgestone Americas against a Lanham Act unfair competition action concerning an alleged character appearing in a television commercial. Action resolved prior to trial.
  • 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.

Biotech/Pharmaceuticals

  • Represented Invitae Corp. in a patent dispute involving the company’s genetic testing for the BRCA1, BRCA2 and MUTYH genes. Case dismissed with prejudice.
  • Represented BioForm Medical in domestic and international actions to determine rights under license to patents covering medical device implant materials and for infringement of licensed patents. Case resolved prior to trial.
  • Defended SourceCF in Lanham Act false advertising/unfair competition action alleging marketing of an unsafe medical device for use with drugs for treatment of cystic fibrosis. Action resolved prior to trial.
  • Defended Promega in action alleging infringement of patents relating to polymerase chain reaction. Obtained ruling that Roche’s “Taq” patent was unenforceable due to inequitable conduct. Remainder of action resolved prior to trial.
  • Represented Amgen in 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.
  • Represented Agouron Pharmaceuticals in 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.
  • 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.

Insurance Recovery

  • Victaulic Company v. American Home Assurance Co., et al. (Cal. Superior Ct., Alameda County): Represented Victaulic in the bench trial in which the judge ruled that several units of insurer AIG have a duty to defend Victaulic in underlying product liability suits, securing $55.3 million for breach of contract, bad faith and punitive damages in two successive jury verdicts, including more than $8 million in attorney’s fees and $46 million in punitive damages for Victaulic. Case resolved following reversal of verdict and remand.
  • Fluidmaster, Inc. v. Fireman’s Fund Ins. Co. (Cal. Superior Court, Orange County): Represent policyholder in coverage litigation concerning carrier’s bad faith failure to defend and indemnify.
  • Passport Resorts LLC, v. AMRISC, LLC (Cal. Superior Ct., Alameda County): Represent owners of iconic Post Ranch Inn in coverage dispute for damages caused to property by U.S. Highway 101 landslides in Monterey County.
  • 48123 CA Investors, LLC v. Ins. Co. of the West, Inc. (Cal. Superior Court, Alameda County): Represent the owners of Ventana Inn (i.e., the other iconic inn) in coverage dispute for damages caused to property by U.S. Highway 101 landslides in Monterey County.

Professional Highlights

  • Member of the Insurance Recovery & Advisory practice, named by Law360 as a Practice Group of the Year in 2010, 2015, 2016, 2020 and 2022.
  • Recognized by Super Lawyers as a “Rising Star” in Northern California (2011 – 2014) and by The Legal 500 U.S., General Commercial Disputes (2017) and Insurance: Advice to Policyholders (2018 – 2019).

  • Recognized by Best Lawyers (published by BL Rankings LLC), Litigation – Intellectual Property (2021 – 2024).

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  • Co-author of the Practising Law Institute’s treatise, “A Practical Guide to Life Sciences Companies, Commercializing and Protecting Innovation,” and primary author of the treatise’s 12 chapters on patent litigation.
  • Associations & Committees

Education

  • J.D., Santa Clara University School of Law, 2001
    cum laude

    B.S., Lewis & Clark College, 1996
    Double Major in Biology and Philosophy

Admissions

  • California