Alan L. Barry

Partner at K&L Gates LLP

Alan L. Barry

Alan L. Barry

Partner at K&L Gates LLP

Biography

Alan L. Barry concentrates his practice on the litigation of intellectual property matters before U.S. district courts and courts of appeals, the International Trade Commission (ITC), the American Arbitration Association and the U.S. Patent and Trademark Office. With more than 30 years of trial experience, Mr. Barry has litigated patent, trademark, trade secret and copyright cases in a wide variety of technical fields including, biotechnology (ANDA, pharmaceutical, medical device, and stem cell-related technologies), robotics, digital cameras and image processing technology, computer-controlled measuring devices, electrical distribution equipment, optoelectronics, food packaging, manufacturing equipment, medical equipment.

Registered to practice before the U.S. Patent and Trademark Office, Mr. Barry focuses on the trial of patent cases before the Federal District Courts and the Patent Trial and Appeal Board. He has jury tried to verdict patent cases in diverse technologies around the United States. Mr. Barry represents complainants and respondents in section 337 intellectual property infringement investigations brought before the ITC, including obtaining a judgment of non-infringement, invalidity, and no domestic industry against Apple.

Mr. Barry also counsels clients on intellectual property strategy, portfolio development, and transactional matters.

Professional Background

Prior to joining K&L Gates, Mr. Barry was a member of the Executive Committee and head of the Intellectual Property Litigation Group for one of the firm's predecessor firms.

Achievements

* Named Super Lawyer for Illinois in IP Litigation, 2005-2015.

Professional/Civic Activities

* American Bar Association
* American Intellectual Property Law Association
* Barristers of the Patent Law (Patent Jury Trial Lawyers Group)
* Chicago Bar Association (Former Chairman, Trademark/Copyright Sub-Committee)
* Intellectual Property Law Association of Chicago

Speaking Engagements

Mr. Barry has lectured for the Chicago Bar Association, the Federal Bar Association, the Indiana Continuing Legal Education Forum, Chicago-Kent College of Law, the Chicagoland Pharmaceutical Discussion Group and the University of Southern California School of Law.

* Lead trial counsel for Eastman Kodak Company in International Trade Commission case brought by Apple, Inc., involving digital cameras and image processing technology. The Commission ruled that: (i) Kodak did not infringe either of Apple’s patents; (ii) one patent was invalid; and (iii) Apple lacked the required domestic industry for the ‘other. The Federal Circuit affirmed the Commission.
* Lead trial counsel for Hexagon Metrology AB in International Trade Commission patent case against Nikon Metrology N.V. involving articulated coordinate measuring arms. Case favorably settled during discovery.
* Lead trial counsel for LKQ Corp. in International Trade Commission design patents case brought by Ford Motor Company involving design patents on motor vehicle body parts. On eve of trial, Ford licensed LKQ as its sole distributor for aftermarket vehicle body parts.
* Lead appellate counsel for intervenors/appellants in Ford Global Technologies v. International Trade Commission design patents case. Favorable settlement followed oral argument.
* Lead amicus curiae counsel for aftermarket automotive industry companies supporting appellee in the Federal Circuit’s en banc rehearing in Egyptian Goddess, Inc. v. Swisa, Inc. design patent case.
* Co-trial counsel for Baxter International Inc. in patent infringement jury trial (N.D. Cal.) against Fresenius Medical involving hemodialysis machines. Successful jury verdict resulted in $17 million dollar damage award.
* Counsel before the Patent Trial and Appeal Board in inter partes review (IPR) on behalf of LKQ Corporation in one of the first petitions filed upon implementation of the IPR dispute resolution process. After oral argument, the Patent Trial and Appeal Board found all independent claims unpatentable, a decision affirmed by Federal Circuit in February 2015.
* Co-trial counsel for Hexagon Metrology, Inc. and TESA SA (N.D. Ill.) defending a patent preliminary injunction motion involving coordinate measuring machines. Case successfully settled after one week evidentiary hearing.
* Lead trial counsel for Stratos Lightwave, Inc. in patent infringement jury trial (D. Del.). After two hours of deliberation, jury returned a verdict of infringement on all 13 asserted claims of 6 patents related to optoelectronic transceivers.
* Lead trial counsel for Robotic FX, Inc. and Jameel Ahed defending a preliminary injunction matter (D. Mass.) brought by iRobot Corp., alleging theft of trade secrets related to robotic technology. After a one week evidentiary hearing, the court denied the majority of the relief sought by iRobot. Case settled thereafter.
* Lead trial counsel for Cabela’s defending allegations of copyright and trademark infringement and trade secret misappropriation (D. Mont.) involving camo patterns. Court granted six consecutive summary motions for Cabela’s, resulting in a “walk-away” settlement.
* Lead trial counsel for Square D Company in trademark counterfeiting jury trial (C.D. Cal.) involving reconditioned commercial circuit breakers. Jury returned a verdict for Square D after three week trial. Case favorably settled thereafter.
* Co-trial counsel for American National Can defending a patent infringement jury trial (S.D. Ind.) involving methods for making can ends. After three week trial, jury returned a verdict of non-infringement.

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Managing Partner, Boston Office at K&L Gates LLP

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Managing Partner, US at K&L Gates LLP

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Managing Partner, Seattle Office, Co-Managing Partner, United States & Chair of Firmwide Diversity Committee at K&L Gates LLP

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Chairman Practice Area Leader-Asset Management & Investment Funds at K&L Gates LLP

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Partner at K&L Gates LLP

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Partner at K&L Gates LLP

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Partner at K&L Gates LLP

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Partner at K&L Gates LLP

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Partner at K&L Gates LLP

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Partner at K&L Gates LLP

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Alan L. Barry
Partner at K&L Gates LLP
Education
J.D. with Honors
Class of 1981

Chicago-Kent College of Law, is a law school affiliated with Illinois Institute of Technology. It is the second oldest law school in the state of Illinois, and one of two law schools in the United States with a three-year legal writing program, the other being the University of Minnesota Law School.

B.S.
Class of 1978

UIC is a major research university offering the cultural, business and entertainment opportunities you can only find in a world-class city. As one of the top 200 research-funded institutions in the world, UIC faculty discover the things that others teach. Choose from 15 academic colleges including the UIC College of Medicine-the largest in the nation-which educates one in six Illinois physicians. With nearly 2,574 instructional faculty members, there is one faculty member to every 11 students, which allows for a more personal learning experience. What's more, 75 percent of tenured faculty members teach undergraduate courses and 83 percent of full-time instructional faculty have earned a PhD or equivalent.

Memberships
Member
Current

American Bar Association provides legal services. It provides law school accreditation, continuing legal education, legal information and other services to assist legal professionals. The firm has members which include judges, court administrators, law professors, and non-practicing attorneys. The company was founded on August 21, 1878 and is headquartered in Chicago, IL.

Member
Current

The Chicago Bar Association is one of the oldest and most active metropolitan bar associations in the United States. The Association's voluntary membership of 22,000 consists largely of lawyers and judges from Cook County and the State of Illinois.

Member
Current

Founded in 1897, AIPLA is a national bar association constituted primarily of lawyers in private and corporate practice, in government service, and in the academic community. AIPLA represents a wide and diverse spectrum of individuals, companies and institutions involved directly or indirectly in the practice of patent, trademark, copyright, trade secret, and unfair competition law, as well as other fields of law affecting intellectual property. Our members represent both owners and users of intellectual property.

Career History
Partner
Current

K&L Gates comprises approximately 2,000 lawyers globally who practice in fully integrated offices located on five continents. The firm represents leading multinational corporations, growth and middle-market companies, capital markets participants and entrepreneurs in every major industry group as well as public sector entities, educational institutions, philanthropic organizations and individuals.

Boards & Committees
Member, Board of Directors
Prior
Non-Profit Donations & Grants

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$101 - $499
2012

The Chicago Bar Foundation mobilizes Chicago's legal community to improve access to justice.

Other Affiliations

Alan L. Barry is affiliated with K&L Gates LLP, Federal Bar Association - Chicago Chapter

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