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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.
KIRBY DRAKE | PARTNER
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PHONE
214.367.6010

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

Patent litigation; Patent prosecution; Trade secret and misappropriation litigation; Trade secret protection and enforcement; Trademark litigation; Intellectual property counseling; Counseling on electronic discovery matters

EDUCATION

J.D., Wake Forest University School of Law, 2002
 

Managing Editor of the Wake Forest Law Review
Citation Editor of Wake Forest Intellectual Property Association Law Journal.


B.S., cum laude, Chemistry, Duke University, 1999



PEOPLE
Shannon W. Bates
Kirby Drake
Casey L. Griffith
James E. Davis
Kelly J. Kubasta
Darin M. Klemchuk
Remy M. Davis
Kelsey Weir Johnson
Austin Champion
Todd Basile
Sita Desai


 

My practice focuses primarily on intellectual property litigation and patent prosecution.  I have had extensive litigation experience in intellectual property law, including trade secret, patent, trademark, confidential information and breach of contract matters.  In addition to intellectual property matters, I also have experience in general commercial litigation, including breach of contract and shareholder litigation.  I have developed expertise in electronic discovery in litigation matters, including writing and speaking on the subject.  I also have experience in patent preparation and prosecution, with emphasis on chemical, electronics and computer-related matters, and I am registered to practice before the United States Patent and Trademark Office.

 

Prior to joining the Firm, I was an associate with a large international law firm, and I have represented major corporations as well as start-up companies, smaller companies and solo inventors.  My training during law school involved performing IP-related services for companies in the fields of semiconductors, government communications, broadcast communications and networking.  I am very active with the American Chemical Society on the local as well as on the national level, including serving in leadership roles and speaking on various subjects of interest to the chemical community.  I also am active with various volunteer efforts focused primarily on schools and youth matters.

 

PROFESSIONAL ACTIVITIES

American Chemical Society (ACS)

Dallas-Fort Worth Local Section - Treasurer, Business Manager of the regional newsletter, The Southwest Retort, Chair of Local Section Younger Chemists Committee

Chemistry and the Law Section

Southwest Regional Meeting - Public Relations, Co-Chair (2004)

Intellectual Property Organization (IPO) – Member of Trade Secrets Committee

State Bar of Texas – Member of Intellectual Property Section (2002-Present), Member (2004-Present) and Committee Chairperson (2007-Present) of Unfair Competition Committee

Dallas Bar Association – Member of Intellectual Property Section; Member (2005-Present), Co-Vice Chair (2008) and Co-Chair (2009-2011) of Law Day Committee; Member (2002-Present), Co-Vice Chair (2005-2006) and Co-Chair (2006-2007) of Law in the Schools and Community Committee; Member (2007-Present) and Vice Chair (2010-Present) of Summer Law Intern Program Committee

 

ADMITTED TO PRACTICE

State of Texas, 2002

United States Patent and Trademark Office, 2004

Federal Circuit Court of Appeals, 2009

U.S. District Court, Eastern District of Texas, 2004

U.S. District Court, Northern District of Texas, 2003

U.S. District Court, District of Columbia, 2010

 

HONORS

"Rising Star," 2007, 2009, 2010-2013, a Thomson Reuters Service

 

PUBLICATIONS AND SPEECHES

"Federal Trade Commission v. Actavis Inc.: The Future of Revers Payment Settlements in Pharmaceutical Litigation", Bloomberg BNA, May 2013

"Pre-Issuance Patent Submissions- A New Way to Participate in Patent Prosecution" Intellectual Property & Technology Law Journal, April 2013 

"IP Issues in Advertising and Promotion in the Chemical Industry," American Chemical Society National Meeting, Denver, CO, August 2011

"Ethical Issues in Discovery," State Bar of Texas Advanced Patent Litigation Course, July 2011

"DBA Hosts Mock Voir Dire," Dallas Bar Association HEADNOTES, June 2011

"Ethical Issues in Electronic Discovery : Lessons to be Learned," Dallas Bar Association, November 2010

"Ethics and the Law: The Case of Myriad Genetics, Ethics in Patenting and Ethics in Licensing and Commercializing Innovations," Dallas Bar Association, October 2010

"Food for Thought - The Potential for Food Patenting," American Chemical Society National Meeting, Boston, MA, August 2010

"Protecting Trade Secrets in the Current Economy," American Chemical Society National Meeting, Boston, MA, August 2010 

"Texas Trade Secret Update," State Bar of Texas Annual IP CLE Program, June 2010

"DISD Students Participate in Mock Voir Dire," Dallas Bar Association HEADNOTES, June 2010 (quoted)

"Ethical Issues in Discovery: Lessons to be Learned," Dallas Bar Association, Professionalism Committee, April 2010

"Protecting Trade Secrets in the Current Economy," State Bar of Texas Annual IP CLE Program, June 2009 

"Trade Secrets and Patents: The Yin and Yang of IP Law," State Bar of Texas Advanced IP CLE Program, March 2009

"Patents, Competition, Antitrust and Generic Drugs: Resolving Hatch-Waxman Issues," American Chemical Society National Meeting, Salt Lake City, Utah, March 2009 

"The PRO IP Act - A New Hammer in Protecting and Enforcing Intellectual Property Rights," Fulbright & Jaworski L.L.P. CLE, December 2008

"A Primer on Trade Secret Law," The Advocate, Winter 2008 

"Ethical Issues in Electronic Discovery: Lessons from Qualcomm," State Bar of Texas Annual IP CLE Program, July 2008

"So You Have Gotten a Patent - Now What?," American Chemical Society National Meeting, New Orleans, Louisiana, April 2008 

"Food for Thought - The Potential for Food Patenting," Institute of Food Technologists, Frisco, Texas, March 2008

"Ethics in the Marketplace: Can You Keep a (Trade) Secret?," American Chemical Society National Meeting, Boston, Massachusetts, August 2007

"New PTO Rules Relating to Patent Prosecution," Fulbright & Jaworski L.L.P. Web Seminar, September 2006 

"The Paperless Office - Not So Unrealistic Anymore," Dallas Bar Association HEADNOTES, November 1, 2005

Co-author with Edward R. Ergenzinger, Jr., "The 'Depressing' Effect of Eli Lilly and Co. v. Barr Labs., Inc. on the Pharmaceutical and Biotechnology Industries," Wake Forest Intellectual Property Law Journal 1, 2002

 


 

PURSUITS

Following and watching most any sports - college or professional - particularly watching Duke basketball; traveling - both domestic and international; crossword puzzles; reading.

 


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