Partner

Christopher J. Kelly

Antitrust & Competition, Trademark Litigation, Litigation & Dispute Resolution

Übersicht

Christopher J. Kelly’s antitrust litigation practice focuses on the application of antitrust law to the acquisition and use of intellectual property rights. He counsels and represents clients regarding antitrust implications of patent pools, licensing, standard-setting and patent infringement litigation and settlement. Chris co-authored the Supreme Court briefs that led to an important antitrust victory for intellectual property owners, one of a number of accomplishments that have led The Best Lawyers in America to honor him as San Jose 2019 Lawyer of the Year for antitrust law, and Benchmark Litigation to name him a Benchmark California Star for 2019. He also advises and represents insurers in connection with mergers and acquisitions and provider-related litigation. His M&A work also involves helping major corporations plan integration for pending mergers without creating unnecessary antitrust risk.

Erfahrung

  • Co-authored the US Supreme Court briefs in Illinois Tool Works Inc. v. Independent Ink, Inc., persuading the Court to abolish an obsolete rule in patent tying cases that unjustifiably penalized patent owners. 
  • Defended a major global luxury-goods manufacturer against a gray-market seller’s antitrust and RICO claims; the plaintiff abandoned the case without appeal after the court granted the manufacturer’s motion to dismiss.
  • Defended a global hotel chain against an antitrust class action brought against hotels and travel-reservation websites; after the court granted motion to dismiss, plaintiffs abandoned their claims against the hotels.
  • Defended a major health insurer against antitrust claims arising from alleged exclusive dealing with a laboratory-services provider; plaintiff abandoned its claim against our client after repeated grants of our motions to dismiss. 

Ausbildung

  • Columbia Law School, JD
  • Harvard College, AB, magna cum laude

Zulassungen

  • California
  • District of Columbia
  • Illinois

Courts

  • US Supreme Court
  • US Court of Appeals for the Fourth Circuit
  • US Court of Appeals for the Fifth Circuit
  • US Court of Appeals for the Ninth Circuit
  • US Court of Appeals for the Federal Circuit
  • US District Court for the District of Columbia
  • US District Court for the Northern District of California

Sprachen

  • Italienisch
  • Deutsch

Mitgliedschaften

  • American Bar Association, Antitrust Section, Intellectual Property Committee
  • American Intellectual Property Law Association
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