Clients rely on Ken to help them resolve complex intellectual property and commercial disputes. Drawing on a strong technical background, particularly in the electrical, mechanical and electro-mechanical arts, Ken has successfully litigated patent infringement cases throughout the United States. He has represented clients in all phases of patent litigation and trial preparation, including:
- Performing patent infringement and invalidity analyses
- Working with fact and expert witnesses
- Examining witnesses at trial
- Managing all facets of discovery, including taking and defending depositions
- Defending and prosecuting major motions, including injunction motions
- Advising on trials and post-trial appeals
- Coordinating substantive and procedural motion practice
Ken also has represented clients in connection with inter partes review proceedings before the Patent Trial and Appeal Board, and in litigation involving numerous types of other business disputes, including claims for breach of contract, trademark and trade dress infringement, and unfair competition.
Prior to joining Michael Best, Ken worked as a law clerk in the Chicago office of a national law firm. He also spent time working as a research assistant with the Intellectual Property Center of The John Marshall Law School. Before that, Ken served as an engineering intern at Westar Display Technologies, Inc., located near St. Louis. While there, he worked with a team of engineers on the design and production of cell phone and flat panel display measurement systems, rack-mount video adapter assemblies, and universal testers for display modules and panels.
Enforcing manufacturers' patent rights
- In co-pending patent infringement cases before the U.S. District Court for the Eastern District of Wisconsin involving gantry crane steering systems, Ken enforced the patent rights of one of the world’s leading manufacturers of mobile marine and industrial lifting equipment against two of its competitors. Ken and his team worked meticulously to develop and execute a comprehensive enforcement strategy that would achieve the client's goals, setting the stage for the client to obtain favorable settlements in both actions, with one of the competitors publicly conceding the validity of the client's patents and both competitors agreeing to make adjustments to their respective accused products.
- Ken also enforced the patent rights of a large merchandising equipment and refrigeration systems manufacturer against a competitor in a patent infringement case before the U.S. District Court for the Western District of Wisconsin, obtaining another favorable settlement through mediation. That case involved air cooling and control systems for commercial refrigerated food merchandisers.
Defending against patent infringement claims
- In a large, multi-district litigation case before the U.S. District Court for the Southern District of Indiana, Ken defended four clients in the ethanol industry from allegations of patent infringement relating to corn oil extraction processes. With the filing of a massive summary judgment motion, Ken and his team successfully obtained judgment of non-infringement and invalidity for their clients.
- Ken also defended a large power tool manufacturer against allegations of patent infringement in a case before the U.S. District Court for the Central District of California involving laser-guided saws. After a two-week jury trial, Ken and his team obtained a favorable jury verdict for their client and a judgment of non-infringement and invalidity that was affirmed by the U.S. Court of Appeals for the Federal Circuit.
Defeating injunction motions
- In a patent infringement case before the U.S. District Court for the Western District of Wisconsin involving expandable broadheads, Ken and his team successfully defeated a critical preliminary injunction motion for their client in the archery products industry after being brought in to replace counsel from a large, national law firm that had handled a prior related case. A favorable settlement for the client followed shortly thereafter.
- Ken also defended a client in the fitness equipment industry against a preliminary injunction motion filed just days before Christmas in the U.S. District Court for the District of Utah. The motion was based on a patent relating to exercise equipment control systems, and Ken and his team responded forcefully. They made the plaintiff voluntarily withdraw the motion and later successfully challenged the patent’s validity in inter partes reexamination proceedings.
Working on inter partes review proceedings
Ken worked on multiple inter partes review proceedings for a client in the fitness equipment industry. All of those proceedings have resulted in the successful invalidation of the challenged patents, including patents related generally to computer-networked exercise equipment and exercise equipment control systems.
Honors & Recognitions
- Wisconsin “Rising Stars” list, Super Lawyers Magazine, 2017
- Michael Best Litigation Practice Group Pro Bono Award, 2016
- Wisconsin Intellectual Property Law Association, Secretary/Treasurer
- American Bar Association, Section of Intellectual Property Law, CLE Board – Patent Webinar Chair
- American Bar Association, Section of Intellectual Property Law, Young Lawyers Action Group, Vice-Chair
- American Bar Association, Young Lawyers Division, Liaison to the Standing Committee on Continuing Learning Education
- American Bar Association, Section of Intellectual Property Law, Patent Litigation Committee, Member
- American Bar Association, Section of Intellectual Property Law, USPTO Post Grant and Inter Partes Patent Practice Committee, Member
- American Bar Association, Section of Intellectual Property Law, IP Transactions & Licensing Committee, Member
- State Bar of Wisconsin, Intellectual Property & Technology Law Section, Member
- State Bar of Wisconsin, Litigation Section, Member
- State Bar of Wisconsin, Young Lawyers Division, Member
- American Society of Mechanical Engineers, Milwaukee Section, Member