Kelly Kubasta, the firm's co-founder and senior partner, focuses on a wide array of intellectual property, with particular emphasis on patent, trademark, and trade dress litigation and licensing. His litigation experience, advising both plaintiffs and defendants, includes infringement issues involving patents, trademarks/service marks, product trade dress, and copyrights, as well as breach of contract, unfair competition, trade secret, and antitrust issues.
Kelly represents clients with products and services that cover a broad range of industries, including software, consumer goods, apparel, electronics, energy exploration devices, medical devices, automotive components, and architectural designs. He has substantial experience in Federal Court, both trial and through appeal, as well as in Texas state court. He has also represented clients in mediations to resolve disputes both before and during litigation.
Kelly is also skilled in strategic portfolio management and advises clients on effective methods of protecting and leveraging their intellectual property assets- with special emphasis on maximizing both short-term and long-term benefits while balancing the clients' budget concerns. To this end, he has drafted dealer/franchisee agreements, negotiated software development and licensing agreements, constructed Internet e-commerce policies, and resolved domain name disputes through ICANN. A registered patent attorney, he has prepared and prosecuted both utility and design patents in various fields, including mechanical and electronic devices, industrial equipment, telecommunications, optics, software, and business methods.
Kelly earned a J.D. from the University of Texas School of Law, and a Bachelor of Science degree in mechanical engineering from University of Texas at Austin.
Contact Kelly Kubasta at Kelly.Kubasta@kk-llp.com.
Intellectual Property Section of State Bar of Texas
- Chair, Ethics and Unauthorized Practice Committee, 2006-2008
American Intellectual Property Law Association, 1997-Present
Dallas Association of Young Lawyers, 1997-Present
Advanced Negotiation and Mediator Skills Training (Abrams Mediation), 2004
Teaching Quizmaster, University of Texas School of Law, 1995-1996
"Best Lawyers- Litigation, Intellectual Property Practice," The Best Lawyers in America, 2013
"Best Lawyers in Dallas," named by D Magazine, 2010, 2013
"Super Lawyer," 2011-2013, a Thomson Reuters service
"Top Young Lawyers in Texas,", 2010, 2011, a Thomson Reuters service
Co-author, "Proactive Approaches to the IP Licensing Process”, Intellectual Property Licensing Strategies, 2011 ed.: Leading Lawyers on Educating Clients, Drafting Licensing Agreements, and Resolving Disputes (Inside the Minds). (West, Aspatore Books 2010)
Co-author, "Litigation Affecting Five Key Patent Law Areas," Intellectual Property Law 2012: Top Lawyers on Trends and Key Strategies for the Upcoming Year (Inside the Minds). (West, Aspatore Books 2012)
Author, "Recent Intellectual Property Cases and Their Effect on Litigation Strategies," Intellectual Property Law 2013: Top Laywers on Trends and Key Strategies for the Upcoming Year (Inside the Minds). (West, Aspatore Books 2013)
Klemchuk Kubasta LLP – 2009-present
Sidley Austin LLP – 1997-2005
Hitchcock Evert LLP – 2006-2009
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
State of Texas in 1997
Supreme Court of Texas in 1997
United States Patent and Trademark Office in 1998
U.S. Court of Appeals
U.S. District Court
- Northern District of Texas in 1998
- Southern District of Texas in 1999
- Eastern District of Texas in 2004
- District of Colorado in 2005
- Western District of Texas in 2008
- Western District of Michigan in 2011
J.D., University of Texas School of Law, 1997
B.S. Mechanical Engineering, University of Texas at Austin, 1993
My Possibilities (mypossibilities.com), Board Member, 2012-present