Kenneth S.Luchesi (Kenny)

Partner

(T) + 1.216.586.7059

Kenny Luchesi is a trial lawyer with more than 14 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. He is also a registered patent attorney and has substantial experience representing clients in inter partes review proceedings before the Patent Trial and Appeal Board.

Kenny has experience in all phases of patent litigation. He has 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 computer software, digital cameras, semiconductors, processing of phosphoric acid, electronic commerce, medical devices, and consumer products.

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

  • 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 Orthopaedics defends against patent infringement claims involving its flagship knee replacement productJones Day represents 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®.
  • 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.
  • Dexcom obtains stay of patent infringement action filed by AgaMatrixJones Day is defending Dexcom, Inc. in a patent infringement action before the United States District Court for the District of Oregon (Portland Division).
  • 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.
  • Nikon defends patent infringement claims in action involving communication between digital cameras and personal computersJones Day is defending Nikon Corporation and Nikon Inc. against allegations that their digital cameras infringe patents owned by Papst Licensing GmbH & Co. KG ("Papst"), a German patent-holding company.
  • 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.
  • Eighteen year old pro bono client, diagnosed with autism and mild mental retardation, obtains appropriate education and related servicesEmma Salustro and Kenny Luchesi, Jones Day Chicago, successfully concluded litigation for an eighteen year old pro bono client diagnosed with autism and mild mental retardation.
  • Menasha and Leverage Point defend against patent infringement claims relating to a system for generating advertising while dispensing pharmaceutical productsJones Day represented Menasha Corporation and LeveragePoint Media Corporation as defendant / counterclaim plaintiff in a patent infringement case relating to a method for targeted advertising in connection with dispensing pharmaceutical products.
  • Situation Management Systems wins copyright infringement suit against ASP. ConsultingJones Day represented Situation Management Systems, Inc., one of the nation's leading training companies, in a copyright infringement suit against a competitor.
  • IBM settles patent infringement case against Amazon.com involving data storage and presentationJones Day represented International Business Machines Corporation ("IBM") in a patent infringement case against Amazon.com.
  • PCS settles patent infringement suit after favorable Markman rulingJones Day represented Potash Corporation of Saskatchewan, Inc. and obtained a favorable settlement in a patent licensing dispute concerning chemical processing technologies.
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