Attorneys Don V. Kelly
Don V. Kelly
Member
101 South Hanley Road
Suite 1700
St. Louis, MO 63105
Areas of Practice:
- Intellectual Property Litigation
- Patents
- Trademarks
- General Intellectual Property
- Alternative Dispute Resolution
As a registered patent attorney, he has drafted and prosecuted patent applications in a diverse array of technologies including engine components, industrial tools, computer equipment, fuel systems, optical coatings, optical cleaning methods, and food storage and serving apparatus. He also assists and counsels clients in connection with trademarks, copyrights, trade secrets, technology license agreements and intellectual property opinions and infringement analyses.
Mr. Kelly has extensive litigation experience, having served as lead counsel in both state and federal jury and non-jury trials. He concentrates his litigation practice in the areas of patent infringement, trademark infringement, trade secret litigation, non-compete agreements and business disputes. He has handled numerous multi-million dollar trade secret, franchise, contract and intellectual property cases. His litigation experience also includes handling severe injury medical malpractice, toxic tort, pharmaceutical, medical device and products liability litigation.
Recent Intellectual Property Litigation:
2008
(E.D. Mo. 2008) - Lead counsel for automobile dealership plaintiffs in trademark infringement action. Obtained consent decree in favor of plaintiff.
(N.D. Ill. 2008) - Lead counsel for container and packaging manufacturer plaintiff in patent infringement claim involving food container; case currently in discovery.
(E.D. Mo. 2008) - Lead counsel for seller of material handling products and services plaintiff in trademark infringement case, case currently in discovery.
2007
(S.D. Ill. 2007) - Lead counsel for two defendants in multi-defendant (18 co-defendants) patent infringement claim involving medical document software systems; case currently in discovery.
(E.D. Mo. 2007) - Lead counsel for mortgage company defendants in trademark infringement action. Case dismissed with no finding or admission by client of trademark rights or infringement.
(E.D. Mo. 2007) - Lead counsel for container and packaging manufacturer plaintiff in patent infringement claim involving food container. Defendant agreed to stop sale and distribution of allegedly infringing product.
(E.D. Mo. 2007) - Lead counsel for defendant operating oil change facility in trademark infringement claim.
2006
(M.D. TN 2006) Represented manufacturer and distributor defendants in patent infringement claim involving pharmaceutical vials.
2005
(Il. State court 2005) - Counsel for defendants in non compete and trade secret case involving insurance agency. Case settled after judgment on all counts rendered in favor of defendants.
2004
(E.D. Mo. 2004) - Lead counsel for automobile dealership plaintiffs in trademark infringement case. Defendant agreed to stop use of allegedly infringing mark.
Published Works:
- Reusing Patented Medical Devices, 6/12/07
- Refurbishing Patented Products, 7/10/07
- FACTA: New Law Imposes Duties On All Businesses As to Disposal of Consumer Information, 3/06/06, St. Louis Small Business Monthly
- Missouri
- Illinois
- District of Columbia
- U.S. Patent and Trademark Office
- U.S. District Court, Eastern District of Missouri
- U.S. District Court, Southern District of Illinois
- U.S. 8th CircuitCourt of Appeals
- U.S. 11th CircuitCourt of Appeals
- U.S. Federal Circuit Court of Appeals
- The Missouri Bar - Member
- Illinois State Bar Association - Member
- The District of Columbia Bar - Member
- Bar Association of Metropolitan St. Louis - Member
- American Intellectual Property Law Association - Member
- International Trademark Association - Member
- Washington University School of Law, St. Louis, Missouri, 1987 - Juris Doctor
Honors: Order of Barristers - Duke University, (Physics), 1984 - B.S.