Ken Keller is a 'top-drawer trial lawyer with a great breadth of insightful IP knowledge.'
World Trademark Review 1000 (2021)

Ken Keller’s practice focuses on litigation and trial of intellectual property matters, including patents, trademarks, copyrights, misappropriation of trade secrets, internet, entertainment, products liability and complex commercial disputes.

Ken has tried more than 80 cases to verdict in federal and state courts throughout the United States, including California, Delaware, Hawaii, Nevada, Oregon, Washington, Texas, Wisconsin, New Jersey, New York, New Mexico, North Carolina, Alabama, Utah, Colorado and Florida. He has also argued appeals in the Fourth, Ninth, Tenth and Eleventh Circuit Courts of Appeal and before the Federal Circuit Court of Appeals.

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For more than 40 years, Ken has represented clients in patent, trademark/trade dress and copyright infringement and domain name matters, as well as patent licensing, misappropriation of trade secrets, breach of contract and unfair competition litigation. He also advises clients regarding intellectual property and entertainment issues. Ken also is an expert witness in fee disputes arising out of intellectual property litigation.

Over the years, Ken has represented inventors and technology owners, as well as companies accused of infringement in matters dealing with such diverse technologies as semiconductor chip design, programmable logic devices, DRAM technology, chemical and biotechnology processes (including protein synthesis, DNA purification and lithium batteries), hybrid pineapples, fashion footwear design, automotive and bicycle design, machine technology, medical/dental devices, software, the internet and domain names. He also represents major brand holders (such as Tiffany, Chanel and Gucci) in connection with their trademark and anti-counterfeiting programs. In the field of entertainment law, Ken represents and provides counseling to producers, directors, writers and composers in connection with transactions and litigation.

With respect to product liability, Ken has been national trial counsel for major manufacturers of automobiles, fork lifts, heavy machinery and pharmaceuticals. He has represented Hyundai and Toyota with respect to their rollover litigation and Crown Equipment Company regarding the design of its standup rider forklifts. He has tried more than 20 product liability cases to verdict.

With respect to complex commercial litigation engagements, he has represented financial institutions, corporation, limited liability companies, partnerships and venture funds in a wide variety of disputes.

Representative Experience

  • Successfully defended SiTime in an appeal to the Court of Appeals for the Federal Circuit (CAFC) brought by VTT Technical Research Centre, subsequent to SiTime’s success at a Markman hearing at the district court. After briefings and an oral hearing, the CAFC affirmed the district court’s ruling in favor of our client.
  • Defended SweeGen and Blue California in a patent infringement lawsuit brought by PureCircle in the Central District of California involving highly soluble stevia sweeteners in which we prevailed on a Motion to Stay the case in light of a Post Grant Review filed with respect to one of the patents in suit. 
  • Represented complainants, Hyundai Motor America and Hyundai Motor Company of Korea, in an ITC matter to stop the importation of illegal, gray-market service and repair parts using the Hyundai trademarks in which the ITC issued a Limited Exclusion Order, Cease and Desist Orders, and a Consent Order against four automotive parts dealers, including the U.S. dealer, the middleman and the suppliers. (Certain Replacement Automotive Service and Collision Parts and Components Thereof, Inv. No. 337-TA-1160).

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IP Litigation

  • Defended SiTime in a patent infringement suit filed by VTT Technical Research Centre in the Northern District of California involving MEMS resonator device technology, including arguing the case-dispositive term in one of the first virtual Markman Hearings, that led to the court’s finding the asserted patent invalid and the client prevailing at the conclusion of Markman stage of the proceedings, with the court on its own entering judgment in favor of SiTime.
  • Served as lead counsel representing Hyundai Motor Company against defendants Midwest Industrial Supply Co. and related Minnesota entity Alliance Automotive LLC alleging the companies illegally sold “gray market” auto parts to U.S. dealers as “genuine” Hyundai parts. A Nevada judge entered judgment on Hyundai’s Rule 68 offer for $75,000 to resolve the suit and awarded $551,373 in attorneys’ fees deeming the case as “exceptional” under the trademark laws.
  • Defended international biotechnology company in a jury trial of a patent infringement action involving a process patent for purification of monoclonal antibodies resulting in a defense verdict.
  • Represented company producing virtual horses in “Second Life” in copyright infringement action and won summary judgment on novel issues related to standing and the Digital Millennium Copyright Act.
  • Represented a semiconductor chip manufacturer in four patent infringement lawsuits involving semiconductor technology related to programmable logic devices.
  • Defended semiconductor chip manufacturer in the first jury trial under the Semiconductor Chip Protection Act of 1984.
  • Expert witness in fee disputes arising out of patent and trademark litigation.
  • Defended an international biotechnology company in a patent infringement action involving seven patents pertaining to the synthesis and purification of DNA/RNA.
  • Represented Hawaiian pineapple company in related antitrust, patent and trademark infringement actions involving fresh hybrid pineapples.
  • Defended manufacturer of automotive after-market windshield wipers in a jury trial involving claims of patent and trade dress infringement, resulting in defense verdict.
  • Defended several major designers and retailers of fashion footwear in trade dress infringement actions involving Dr. Martens trade dress and trademarks.

Product Liability/Complex Commercial Litigation

  • Served as lead trial counsel for regional accreditor of community colleges in action seeking an injunction voiding decision to terminate City College of San Francisco accreditation in the San Francisco Superior Court and preserved decision and accreditor’s ability to return CCSF to accredited status.
  • Successfully defended major automobile manufacturers in rollover litigation and obtained defense verdicts in all cases brought to trial.
  • National trial counsel for Robinson Helicopters defending nationwide wrongful death cases arising out of alleged design and manufacturing defects in R22 helicopters.
  • Obtained a $12 million award in arbitration for limited liability company against one of its members in dispute involving leasing of PET/CT scanner.
  • Represented film producer in connection with production of Frank Miller’s Sin City 2: A Dame to Kill For, resulting in successful settlement.
  • Representing writers/directors/actors in connection with No. 1-rated animated web comedy series and related feature-length animated film.
  • Represented owners of domain name and won jury verdict in litigation involving misappropriation of domain name RL.com.
  • Represented domain name owner and affiliate marketer and won jury verdict in litigation involving domain name ownership and alleged breach of affiliate marketing agreement.
  • Represented president of international high technology company for 40-count federal indictment regarding custom violations and alleged scheme of under-evaluation, resulting in dismissal of all charges.

Professional Highlights

  • Recognized by Best Lawyers in America in Litigation – Intellectual Property (2021 – 2024) and Litigation – Patent (2023 – 2024)
  • Has been elected by his peers as a Super Lawyer in Intellectual Property Litigation since the inception of California Super Lawyers.
  • Elected to the American Board of Trial Advocates.
  • Tried the first case to verdict under the SemiConductor Chip Protection Act.

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  • Teaching Engagements
    • National Law Institute
    • Federal Practice Institute
    • Hastings College of Advocacy
    • Practising Law Institute
    • Defense Research Institute
  • Speaking Engagements
    • “Discovery in Cross-Border Litigation: The Dilemma of an American Litigator Abroad: Navigating Extraterritorial Discovery in Commercial Disputes and Intellectual Property Litigation,” the State Bar of California 86th Annual Meeting, San Jose, California, October 12, 2013.
    • “Taking a Piece of the Action,” The Bay Area Bankruptcy Forum, June 2000.
    • “The Impact of Local Rule 16 of the United States District Court for the Northern District of California on Markman Hearings in Patent Infringement Actions,” San Francisco Intellectual Property Law Association, November 1997.
  • Publications
    • “Emerging Trends in Non-Insurance Bad Faith Litigation,” Bad Faith Litigation and Insurer v. Insured Disputes, Practising Law Institute 1989. Co-author.
    • “Understanding, Defending and Avoiding Punitive Damage Claims in Products Liability Action,” For the Defense, October 1988.
    • “The Constitutionality of Fixed Check Point Border Searches,” Hastings Constitutional Law Quarterly, 1975.
  • Associations
    • American Board of Trial Advocates (elected 1991)
    • American Bar Association (Sections: Intellectual Property, Litigation)
    • International Trademark Association (INTA)
    • State Bar of California (Section: Litigation)
    • Bar Association of San Francisco
    • Association of Business Trial Lawyers
  • Honors & Awards
    • Recognized by Best Lawyers (published by BL Rankings LLC), Litigation – Intellectual Property (2021 – 2023); Litigation – Patent (2023).
    • Recognized by World Trademark Review 1000 (California) for Enforcement & Litigation work (2020 – 2021)
    • Named a Super Lawyer, Intellectual Property Litigation, 2004 to present.

Education

  • J.D., University of California, Berkeley, Boalt Hall School of Law, 1976

    B.S., Zoology, University of California, Berkeley, 1973

Admissions

  • California

Courts

  • All Superior Courts of California

    U.S. District Court for the Central, Eastern, Northern and Southern Districts of California

    Federal Circuit Court of Appeals

    U.S. Courts of Appeals for the Fourth, Ninth, Tenth, and Eleventh Circuits

    U.S. District Court for the Southern District of Florida

    U.S. District Court for the Eastern District of Wisconsin

    U.S. District Court for the District of Nevada

    U.S. District Court for the District of Colorado

    U.S. District Court for the Central District of Illinois

    U.S. District Court for the Western District of Texas

    U.S. District Court for the Eastern District of Texas

    U.S. District Court for Maryland

    U.S. District Court for the Northern District of Georgia