Partner
Christopher J. Kelly
Antitrust & Competition, Trademark Litigation, Litigation & Dispute Resolution
Overview
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. In Illinois Tool Works Inc. v. Independent Ink, Inc., Chris co-authored the Supreme Court briefs that led to an important antitrust victory for intellectual property owners, one of many accomplishments that have won him annual recognition from Benchmark Litigation, which named him a California Litigation Star and Litigation Star (Competition/Antitrust) for 2023, LMG Life Sciences, which listed him as a “Leading Life Science Lawyer” for 2023, and The Best Lawyers in America, which singled him out as San Jose 2019 Lawyer of the Year for antitrust law. 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.
Experience
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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.
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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.
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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.
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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.
Education
- Columbia Law School, JD
- Harvard College, AB, magna cum laude
Admissions
- 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
Languages
- Italian
- German
Professional & Community Involvement
- American Bar Association, Antitrust Section, Intellectual Property Committee
- American Intellectual Property Law Association