Kelsey I.Nix

Experience

The following represents experience prior to joining Jones Day.

Patent Litigation

Successfully represented a major lighting device manufacturer in defending its LED designs against a claim of patent infringement in the Eastern District of Texas. The case was settled on favorable terms for the client after successful motion to disqualify the patentee's trial counsel and the U.S. Patent Office granted request to reexamine the patent in suit.

As co-chair in an ITC investigation involving digital signal processors, successfully represented a semiconductor manufacturer in defending against claims of patent infringement. Following a two-week trial, the asserted patent was found invalid, unenforceable for inequitable conduct, and not infringed.

Lead trial counsel in a patent infringement case concerning computer systems for global trade financial processes in a two-week jury trial.

Co-chair in a two-week jury trial of a major medical device manufacturer where the Federal Circuit decided an interlocutory appeal in client's favor that plaintiff's foreign counterpart patents could not be asserted in a U.S. district court.

Co-lead trial counsel in three cases involving 12 patents and four accused products relating to mailing systems and internet postage dispensing systems in the District of Delaware.  Case settled successfully for client following claim construction and decision on summary judgment cross-motions.

Successfully represented patentee in one-week evidentiary hearing on preliminary injunction motion involving three patents on controlled-release pain medication. Preliminary injunction granted and affirmed by the Court of Appeals for the Federal Circuit.

Second chair in seven-week jury trial successfully defending manufacturer of wireless security system against patent infringement claims in the District of Minnesota.

Successfully represented eyeglass manufacturers against patent infringement claims. Summary judgment of non-infringement affirmed by Federal Circuit.

Trade Secret Litigation

Represented a major medical device manufacturer in defending against claims of theft of trade secrets and patent infringement.  Successfully argued appeal of summary judgment of no trade secret misappropriation in the Court of Appeals for the Sixth Circuit.  Plaintiff then dismissed its patent infringement claims with prejudice in view of motion for summary judgment of patent invalidity.

Trademark Litigation

Lead trial counsel for a leading hedge fund in a trademark infringement case in the District of Delaware against another hedge fund and in related proceedings before the Trademark Trial and Appeal Board.  Case settled on successful terms with defendant agreeing to change its company name and to abandon four trademark applications.

Lead trial counsel in trademark and patent infringement case concerning machine tools in the Southern District of New York.  Obtained permanent injunction against further trademark and patent infringement.

Corporate Transactions and Licensing

Advised a European private equity fund in connection with the purchase of a well-known global trademark portfolio in a bankruptcy proceeding.

Negotiated the intellectual property provisions in a licensing transaction for a billion-dollar video game franchise.

Advised a leading aerospace company on trade secret and patent issues in connection with an aircraft licensing transaction.

Medical Device Litigation and Counseling

Counseled companies and private equity funds and represented them in litigation concerning many types of medical devices, including cardiac catheters, urethral valves, vascular resistance gauges, digital mammography systems, portable cardiopulmonary resuscitators, clinical nitric oxide monitors, micro insulin pumps, neurovascular microcatheters to treat aneurysms, and nasopharyngeal brain cooling systems.