Kevin P. Flynn

Associate

Cincinnati
T +1.513.852.2627
F +1.513.929.0303

Overview

An emerging trial lawyer and registered patent attorney, Kevin Flynn brings determination coupled with a deep knowledge of intellectual property law to guide clients through complex disputes and protect their innovations and brands. Kevin breaks down complex legal and technical issues and presents them persuasively in forums across the country. He has experience before and familiarity with numerous federal district courts, the Patent Trial and Appeal Board, and the International Trade Commission, as well as their respective rules and procedures.

Kevin has experience in all phases of litigation, from drafting written submissions and taking depositions to preparing experts for trial and trial itself. Moreover, Kevin has counseled clients over a wide range of technologies, including search engines, video compression techniques, wireless communication protocols, computer forensic devices, consumer analytics, turbine engine components and systems, optical fiber, optical systems, oil and gas drilling components, industrial sifters, paper conversion, mannequins, home décor, food and drink dispensers, LED lighting systems, radiological techniques involving magnetic resonance and X-rays, radiopharmaceutical infusion machines, pharmaceuticals, blood vessel-sealing devices, bioinformatics, and simulated moving bed chromatography. Kevin also regularly counsels clients on how best to establish and protect their brands.

Select Experience

  • Presented oral argument before a panel of administrative patent judges at the Patent Trial and Appeal Board.
  • Taken and defended depositions, including of experts, and has prepared expert witnesses for trial.
  • Argued motions in court.
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Experience

  • Presented oral argument before a panel of administrative patent judges at the Patent Trial and Appeal Board.
  • Taken and defended depositions, including of experts, and has prepared expert witnesses for trial.
  • Argued motions in court.
  • Conducted patent invalidity and non-infringement analyses across a range of technologies.
  • Helped draft a complaint alleging antitrust violations related to the assertion of standard-essential patents encumbered with FRAND commitments. Drafted the opposition briefing on a motion to dismiss the antitrust claims, which survived the motion to dismiss.
  • Represented client in numerous litigation matters to protect intellectual property in the corrections industry (ongoing).
  • Represented commercial cooking manufacturer against claims of patent infringement brought by a non-practicing entity (ongoing in multiple forums).
  • Defended an ANDA-holding pharmaceutical company against claims of patent infringement (case settled favorably).
  • Defended home décor company against claims of patent infringement (several cases settled favorably).
  • Defended radiopharmaceutical infusion system and generator manufacturer against patent-infringement claims related to infusion system technologies (patents asserted against client found to be invalid).
  • Defended medical device manufacturer against patent-infringement claims related to wound-sealing technologies (case settled favorably).
  • Defended electronics manufacturer against patent-infringement claims related to wireless communications and video decompression technologies (ITC investigation settled favorably).
  • Represented electronics manufacturer alleging breach of FRAND contracts and antitrust violations (case settled favorably).
  • Represented electronics manufacturer against patent owners alleging infringement of patents related to wireless communications and video decompression (case voluntarily dismissed amidst claim construction proceedings).

Recognitions and Memberships

Memberships

  • American Bar Association
  • Ohio State Bar Association
  • Cincinnati Bar Association
  • Cincinnati Intellectual Property Law Association (CincyIP)

Community

  • The Friendly Sons of St. Patrick Society
  • Cincinnati Triathlon Club

Pro Bono

  • Met with city attorney and city councilman to discuss and prepare trademark licensing agreement based on needs of the City of Cincinnati.
  • Assisted a veteran in an appeal to the Court of Veterans’ Claims for a denial of benefits related to service-connected health issues.
  • Represented an organization providing accessible outdoor challenges such as skiing and fly fishing to persons with physical limitations, as well as veterans suffering from physical and mental war injuries.

Prior Positions

  • GE Aviation: IP Law Clerk (2013 to 2014)

Admissions

  • U.S. District Court, Southern District of Ohio
  • U.S. District Court, Northern District of Ohio
  • U.S. District Court, Eastern District of Texas
  • U.S. Court of Appeals, Federal Circuit
  • U.S. Patent and Trademark Office, Registration No. 71,906
  • Ohio

Education

  • J.D., University of Cincinnati College of Law, 2015, magna cum laude
  • B.S., Biochemistry, The Ohio State University, 2012
  • B.A., International Relations and Diplomacy, The Ohio State University, 2012

Blog

In The Blogs

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IP Intelligence: Insight on Intellectual Property
Answering Intellectual Property Questions From IP-Inexperienced Businesspersons
By Kevin P. Flynn
March 23, 2021
I recently reached out to a few clients, friends and former colleagues — all of whom are “IP-inexperienced” — to ask them what intellectual property (IP) answers they might find helpful during their workdays, no matter how basic the...
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IP Intelligence: Insight on Intellectual Property
Standing Necessary To Appeal an Inter Partes Review Decision
By Kevin P. Flynn
October 14, 2019
Article III of the Constitution grants the federal judiciary the power to decide “cases and controversies.”[1] “Standing,” the legal concept ensuring that federal courts review only cases and controversies, focuses on the party bringing...
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