Kelly Kubasta, partner at Klemchuk Kubasta LLP, presented during the patent litigation portion of the 11^th Annual Intellectual Property Law Symposium on February 19, 2010. The Texas Intellectual Property Law Journal sponsored the symposium, which was held at the Eidman Courtroom of the University of Texas School of Law in Austin, Texas.

The topic of Mr. Kubasta’s presentation was "Technology System Claims: Easy Targets for Divided Infringement & Hybrid Subject Matter Defenses."  Divided infringement involves a patent claim that requires two parties working together before infringement can occur.  Hybrid subject matter refers to a patent claim that mixes both a system and a method for using that system into a single claim.  In multiple cases over the last several years, accused infringers have successfully asserted the defenses of divided infringement and hybrid subject matter both at the district court level and at the Court of Appeals for the Federal Circuit.  "Although system claims are commonplace, patent practitioners often overlook that such claims could be subject to these defenses," Mr. Kubasta explained.  "My presentation offered practical advice both to patent litigators and to patent prosecutors – how to successfully assert the defenses of divided infringement or hybrid subject matter at litigation, and how to draft patent claims to minimize the risk associated with such defenses."

Through their active participation in both local and national organizations, Kelly Kubasta and all of the attorneys at Klemchuk Kubasta LLP remain at the leading edge of patent litigation strategies and tactics.

About Kelly J. Kubasta

Mr. Kubasta, an intellectual property attorney, has substantial experience in all aspects of IP, with a particular emphasis on patent, trade dress, trademark, and unfair competition litigation.  Mr. Kubasta is also skilled in counseling clients on strategic development and utilization of IP assets; negotiating and drafting technology transfer agreements such as software, dealer/franchise, and co-branding agreements; developing and maintaining patent, trademark, and copyright portfolios; constructing Internet e-commerce policies; and resolving domain name disputes through ICANN or the ACPA.  In addition, Mr. Kubasta serves as local counsel in patent, trademark, trade dress, copyright, and unfair competition litigation in the federal courts in Dallas, Texas. Learn more about Kelly J. Kubasta.

About Klemchuk Kubasta LLP 

Klemchuk Kubasta LLP is an IP boutique law firm offering a full array of intellectual property related services, including litigation and enforcement of all forms of intellectual property, as well as registration and licensing of patents, trademarks, trade dress, and copyrights.  The firm also provides legal services relating to trade secrets, unfair competition, domain names, e-commerce, privacy policies, Internet law, commercial litigation, and business litigation.  Located in Dallas, Texas, Klemchuk Kubasta LLP supports a diverse client base ranging from individuals and startups to established market-leading companies.  Through its Virtual IP Counsel^sm and Virtual General Counsel^sm programs, the firm also has experience with technology incubators and pre-first round financing technology start-ups.  Klemchuk Kubasta LLP also serves as local counsel for IP and commercial litigation cases pending in Texas, including the federal courts in the Northern and Eastern Districts of Texas.  Additional information about the firm and its attorneys may be found at www.kk-llp.com.