Kevin P. Moran

A world-leading motorcycle manufacturer called on Kevin and his team to develop an overall strategy for intellectual property management. Together with in-house counsel, processes were put in place for deciding what to patent; for identifying competitive patent risks; and for pursuing potential infringement issues. Kevin helped the company form an internal Patent Review Committee, comprised of senior executives, that effectively protects their assets while pursuing strategic goals. Kevin has also successfully defended against multiple charges of patent infringement for this client over the past 20 years.

Kevin's client, an international manufacturer of fitness devices, had a competitor known for its highly aggressive litigation tactics. To guard against potential infringement suits, Kevin and his team preemptively prepared and filed multiple petitions for inter partes review (IPR) and ex parte reexaminations. This move resulted in significant savings over the cost of litigation and enabled the client to continue doing business as usual. To date, the IPRs and reexaminations resulted in the invalidation of all original claims.

One of the world’s most renowned manufacturers of bicycles for competitive racing – including for the Tour de France and the Giro d’Italia – faced a challenge relating to its wheel rims, which generate millions of dollars in sales each year. Kevin filed a request for reexamination, pursued the case to the Court of Appeals for the Federal Circuit, and eventually achieved a highly favorable settlement for his client.

Since 2012, Kevin has filed dozens of requests for reexamination and petitions for inter partes review through the U.S. Patent and Trademark Office. This economical, time-saving alternative to the federal court system results in a review by a panel of three patent law judges who are well-versed in the field at issue. The process generally takes less than 18 months. In the interim, clients are able to continue with business as usual. 

Kevin led the defense of a patent infringement case, involving the communication of treadmills over Wi-Fi to provide owners a more in-depth exercise experience, brought by one of our client’s primary competitors. Kevin successfully invalidated three of the asserted patents.The fourth patent survived with amended claims, effectively reducing the strength and scope of the competitor’s patent. Confident that the client was not impeding on the competitor’s patent; Kevin filed a counterclaim set to invalidate the fourth and final patent. At this point the adverse party wished to settle the case, and Kevin agreed to a very favorable settlement for the client.