Kenneth S.Luchesi (Kenny)

Partner

Cleveland + 1.216.586.7059

Kenny Luchesi is a trial lawyer with more than 18 years of experience both as a product development engineer and as an attorney litigating complex intellectual property matters. Kenny's practice concentrates on patent litigation, and he has represented clients in patent cases in federal district courts nationwide, the United States International Trade Commission (USITC), and the Patent Trial and Appeal Board (PTAB).

Kenny has experience in all phases of patent litigation. He has examined witnesses at trial, briefed and argued claim construction and summary judgment, taken and defended expert and fact depositions, and authored many briefs. He also has experience in all phases of inter partes review proceedings, including drafting petitions and patent owner responses, expert depositions, and oral hearings. Kenny has represented clients in matters concerning a wide range of technologies, including medical devices, consumer products, computer software, digital cameras, semiconductors, and electronic commerce.

Most recently, Kenny has represented Johnson & Johnson in multiple patent infringement cases and license disputes relating to medical devices, including spinal implants and joint replacement technology. He also was part of a team representing Procter & Gamble as a patentee that successfully moved for a preliminary injunction in one case and won summary judgment of infringement and no invalidity in another.

Prior to attending law school, Kenny worked for three years at Centerpulse Orthopedics, designing custom surgical instruments and custom orthopedic implants for hip, knee, shoulder, and ankle replacement surgery.

Experience

  • R.J. Reynolds Vapor Company defends against patent infringement claims involving electronic vaporizersJones Day represents R.J. Reynolds Vapor Company in a patent infringement case in the Middle District of North Carolina generally relating to electronic vaporizer devices.
  • R.J. Reynolds successfully enforces patents in ITC trial against Philip Morris in dispute over cigarette alternativeJones Day's client Reynolds achieved a precedent-setting victory before the International Trade Commission (ITC) against its main competitors Philip Morris Products S.A. ("Philip Morris") and Altria Client Services LLC ("Altria") in a patent infringement dispute involving tobacco heating and vaping products.
  • DePuy Synthes wins JMOL in patent litigation involving spinal surgery medical devicesFollowing a two-week trial, Jones Day obtained a complete victory for Johnson & Johnson subsidiaries DePuy Synthes Products, Inc.; DePuy Synthes Sales, Inc.; and Medical Device Business Services, Inc. against patent infringement claims brought by Dr. Mark Barry relating to the use of certain methods and medical instruments for spinal surgery involving DePuy's Expedium® and Viper® systems.
  • Procter & Gamble settles patent infringement claims related to teeth whitening stripsJones Day represented The Procter & Gamble Company in a patent infringement lawsuit brought by CAO Group for alleged infringement of patents relating to teeth whitening strips.
  • Automotive supplier successfully invalidates 13 claims in competitor's patent relating to exterior automotive mirrors in IPR proceedingOn behalf of an automotive supplier Motherson Innovations Company, Jones Day successfully invalidated 13 claims in a competitor's patent related to exterior automotive mirrors.
  • Sunrise Medical defends against patent infringement claims involving power wheelchair suspension technologyJones Day is representing Sunrise Medical (US) LLC in a patent infringement suit brought by Invacare Corporation in the U.S. District Court in Delaware.
  • DePuy Orthopaedics obtains Federal Circuit affirmance of patent infringement victory involving its flagship knee replacement productJones Day successfully represented Johnson & Johnson subsidiaries DePuy Orthopaedics, Inc.; DePuy Synthes Sales, Inc.; and DePuy Synthes Products, Inc. in their defense against claims of patent infringement brought by MedIdea, L.L.C. relating to the sale of their flagship posterior stabilized knee replacement product, Attune®.
  • Nikon successfully resolves patent infringement dispute involving communication between digital cameras and personal computersJones Day defended Nikon Corporation and Nikon Inc. against allegations that their digital cameras infringed patents owned by Papst Licensing GmbH & Co. KG ("Papst"), a German patent-holding company.
  • Boehringer Ingelheim successfully defends FTC "pay-for-delay" investigationThe U.S. Federal Trade Commission ("FTC") ended an 11-year investigation into the settlements of two Hatch-Waxman patent infringement lawsuits between Jones Day's client, Boehringer Ingelheim Pharmaceuticals, Inc., and a generic drug manufacturer.
  • DePuy Synthes defends against multi-patent lawsuit alleging infringement against stand-alone intervertebral spinal implant productsJones Day is representing Johnson & Johnson subsidiaries DePuy Synthes Sales, Inc. and DePuy Synthes Products, Inc. in a patent infringement lawsuit brought by RSB Spine, LLC alleging that certain of its spinal implant products infringe two patents.
  • Procter & Gamble resolves patent dispute over private label tooth whitening stripsJones Day successfully represented The Procter & Gamble Company in district court and inter partes review proceedings in a dispute involving their pioneering technology and patents covering at-home tooth whitening strips.
  • Procter & Gamble successfully protects Crest Whitestrips® line of productsJones Day represented The Procter & Gamble Company in securing a consent judgment and permanent injunction against a private label manufacturer infringing P&G's patents and the trade dress packaging and trademarks for its successful Crest Whitestrips® line of products.
  • Acorda Therapeutics wins IPRsJones Day served as co-counsel in the successful defense of two of Acorda Therapeutics' Orange Book patents relating to Ampyra®, in IPRs requested by the Coalition for Affordable Drugs (ADROCA) LLC and Kyle Bass et al.
  • Procter & Gamble settles patent infringement and antitrust claims related to teeth whitening stripsJones Day represented Procter & Gamble in patent infringement litigation against CAO Group for infringement of certain patents relating to teeth whitening strips.
  • DePuy Orthopaedics defends against patent infringement claims involving its flagship acetabular (hip) implant productJones Day represented DePuy Orthopaedics, Inc. in its defense against claims of patent infringement brought by Howmedica Osteonics Corp. and Stryker Ireland Ltd. ("Stryker") relating to the sale of its flagship acetabular (hip) implant product.
  • Procter & Gamble successfully blocks institution of IPR on three Crest Whitestrips® patentsJones Day represented The Procter & Gamble Company ("P&G") in successfully blocking institution of inter partes review ("IPR") of three patents covering its Crest Whitestrips® products.
  • Procter & Gamble wins summary judgment of infringement and no invalidity in Tooth Whitening Strip patent disputeJones Day represented The Procter & Gamble Company in patent infringement litigation asserting three of P&G's patents relating to tooth whitening products and methods.
  • Examination Management Services acquires leader of risk identification and adjustment services LepMed (doing business as Leprechaun)Jones Day advised Examination Management Services, Inc. (EMSI), the market leader in medical information, risk management and investigative services, in its acquisition of LepMed, Inc. (d/b/a Leprechaun), a leading provider of risk identification and adjustment services to Medicare Advantage health plans and related industries.
  • Freescale defends against patent infringement action by Stragent over information sharing technologyJones Day is representing Freescale Semiconductor, Inc. in a patent infringement action filed by Stragent generally relating to sharing information in a distributed network and the AUTOSAR standard.
  • Boehringer Ingelheim Pharmaceuticals obtains dismissal of antitrust claims alleging sham litigation, brought by direct and indirect purchasersOn behalf of Boehringer Ingelheim Pharmaceuticals, Inc., Jones Day obtained dismissal of direct and indirect purchaser class actions in cases alleging that Boehringer brought sham litigation to maintain an unlawful monopoly.