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Klemchuk Kubasta LLP is a business, technology, and innovation focused law firm in Dallas, Texas providing patent, trademark,
trade dress, copyright, and trade secret services, including litigation, licensing, prosecution, and other intellectual property counseling.
DARIN M. KLEMCHUK | SENIOR PARTNER
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PHONE
214.367.6000

FAX
214.367.6001
OFFICE
8150 North Central Expy
10th Floor
Dallas, Texas 75206
PRACTICE AREAS

Intellectual property litigation; Business and commercial litigation; Intellectual property licensing and counseling; Patent, trademark, and copyright prosecution; Local counsel for IP and commercial litigation matters; Virtual IP Counsel



EDUCATION

Technical Degree

Mechanical Engineering

J.D., Vanderbilt University School of Law, 1997

B.S. Mechanical Engineering, University of Washington, 1990

 

 

Darin M. Klemchuk
online at
Super Lawyers
 
 
http://www.avvo.com/attorneys/701124/badge_image_small.gif

 





PEOPLE
Shannon W. Bates
Kirby Drake
J.F. (Jim) Chester, JD/LL.M
Casey L. Griffith
James E. Davis
Kelly J. Kubasta
Darin M. Klemchuk
Remy M. Davis
Kelsey Weir Johnson
Austin Champion
Roxana Sullivan
Todd Basile
Sita Desai


My practice includes all aspects of intellectual property with emphasis on patent, trademark, copyright, and trade secret litigation. I have handled over 200 intellectual property disputes, including approximately 20 patent infringement cases, many of the cases as local counsel. My practice also includes assisting companies to increase their market share and protect their competitive advantage by identifying and protecting valuable branding, technological innovation, software, and other property and by procuring patent, trademark, and copyright registrations and through employment agreements and non-compete agreements. I also advise clients on licensing, acquisitions, due diligence, and eCommerce, including the emerging field of branding in cyberspace and trademark issues related to the Internet. We also assist clients in recovering domain names taken by cybersquatters.  

 

While I have represented a number of Fortune 500 corporations, I focus on growing companies, who benefit from broad intellectual property counseling. I also represent a number of solo inventors and start up companies from inception of their business plan through their first couple rounds of funding. I also offer to serve as Virtual General Counsel and Virtual IP Counsel for companies that require in-house counsel but have not grown to that level.  

 

In addition to intellectual property, I have significant experience litigating commercial and business disputes, including non-compete, partnership, fiduciary duty, and breach of contract disputes, 7 of which I have tried to a verdict, judgment, or arbitration award.  I have represented a number of clients in obtaining and resisting requests for injunctive relief in cases involving non-competes, trade secrets, trademarks, and patents.  

 

My practice also includes serving as local counsel to out of state parties involved in patent, trademark, copyright, IP, and commercial litigation in state and federal courts in Dallas, Texas and the Northern and Eastern District of Texas federal courts.  My local counsel practice includes representing both plaintiffs and defendants.  We have successfully achieved dismissals, as local counsel, for out of state defendants on venue and lack of personal jurisdiction grounds, recently we obtained a voluntary dismissal in a trademark case on those grounds and won an appeal at the Federal Circuit Court of Appeals affirming a dismissal in a patent case under the first to file rule.  

 

I have been selected for inclusion in Core24, an exclusive network of Dallas-Fort Worth professional service providers selected for their track record.   

 

HONORS
D Magazine, “Best Lawyers – Intellectual Property,” 2007, 2008, 2009
D Magazine, “Best Lawyers Under 40,” 2002, 2006
“Rising Stars Under 40,” 2004, 2005, 2006, 2008 by Law & Politics Magazine published in Texas Monthly and Texas Rising Stars Magazines 
"Super Lawyer," 2008, 2009 by Law & Politics Magazine published in Texas Monthly and Texas Rising Stars Magazines 

Fellow, Texas Bar Foundation 

 

PROFESSIONAL ACTIVITIES
Former Chair, Unfair Competition Committee of the IP Section, State Bar of Texas (2004-2007); Former Chair, Computer Law Section, Dallas Bar Association (2004-2007)

SPEECHES AND PUBLICATIONS

Pre-Suit Investigations in Infringement Cases," Texas Lawyer, February 2008

Investigate Before Litigating," Executive Legal Advisor, January 2008

“Software Copyright Infringement and Enforcement,” presentation to Dallas Bar Association Computer Law Section, April 22, 2002 Fifth Circuit Survey (June 1997-May 1998), Intellectual Property Law, Texas Tech Law Review, Vol. 30, September 1999


COMMUNITY ACTIVITIES
Executive Officer of Events, Federalist Society, Lawyers’ Division
Member, Human Action Network, Institute for Justice

ADMITTED TO PRACTICE
Federal Circuit Court of Appeals, 2002
Fifth Circuit Court of Appeals, 2002
U.S. Patent & Trademark Office, 2001
U.S. District Court, Southern District of Texas, 1999
U.S. District Court, Eastern District of Texas, 1999
U.S. District Court, Western District of Texas, 1998
U.S. District Court, Northern District of Texas, 1997
State of Texas, 1997

 

PROFESSIONAL HISTORY

Klemchuk Kubasta LLP, 2009-present

Cash Klemchuk Powers Taylor LLP, 2004-2009

Thompson & Knight LLP, Associate, 1997-2004

The Boeing Company, Systems Engineer, 1990-1994
U.S. Army National Guard, Non-Commissioned Officer, 161st Infantry Regiment, Honorable Discharge, 1999


PURSUITS

Boxing, weight training, tennis, running, and other sports; film and country music; and trying to keep up with my three children 


 


SELECT CLIENT REPRESENTATIONS

Defending a large semiconductor manufacturer in a patent-infringement lawsuit to a successful judgment upheld on appeal to the Federal Circuit


Representation of clients in patent-infringement litigation involving semiconductors, optical lenses, software method patents, bar-code readers, eyeglass devices, and Internet processes

Representation of several Fortune 500 corporations in patent-infringement litigation versus the Lemelson Medical, Education & Research Foundation, Limited Partnership

Representation of clients involved in trade-secret misappropriation, breach of fiduciary duty, and breach of non-competition agreement litigation, including obtaining and defending against temporary restraining orders and preliminary/temporary injunctions

Representation and counseling of clients involved in software development disputes involving breach of contract and copyright issues

Representation of business-software publishers in copyright enforcement programs against companies using and/or distributing pirated software

Counseling start-up and small company clients regarding intellectual-property protection and assets

Preparation and prosecution of patent applications for clients involving a variety of technologies, including semiconductors, medical devices, games, molecular gas separation processes, mechanical apparatus, and furniture

Preparation and prosecution of trademark and copyright registration applications

 

Serving as local counsel to out of state parties involved in patent, trademark, copyright, IP, and commercial litigation in state and federal courts in Dallas, Texas and the Northern and Eastern District of Texas federal courts

 

I also offer to serve as Virtual General Counsel and Virtual IP Counsel for companies that require in-house counsel but have not grown to that level