Kevin P. Flynn

Associate

Cincinnati
T +1.513.852.2627
F +1.513.929.0303

Overview

A patent attorney, Kevin Flynn brings determination and a deep knowledge of intellectual property law to help clients navigate a complex and ever-changing legal landscape. His practice encompasses a wide range of intellectual property matters, including patent and trademark prosecution, as well as patent litigation before federal district courts, the Patent Trial and Appeal Board, and the International Trade Commission. His litigation experience includes all aspects of fact discovery and expert discovery, as well as depositions, briefing, and trial.

Kevin has experience litigating and prosecuting a wide range of technologies, including computer software, search engines, video compression techniques, wireless communication protocols, computer forensic devices, customer analytics, turbine engine components and systems, optical fiber, optical systems, oil and gas drilling components, industrial sifters, paper manufacturing and conversion, mannequins, home décor, food and drink dispensers, high-power light-emitting diodes, radiological techniques involving magnetic resonance and X-rays, radiopharmaceutical infusion machines, pharmaceuticals, blood vessel-sealing devices, bioinformatics, and simulated moving bed chromatography.

Select Experience

  • Presented oral argument before a panel of administrative patent judges at the Patent Trial and Appeal Board.
  • Prepared expert witnesses for deposition; defended expert deposition; prepared expert witnesses for trial.
  • Conducted patent invalidity and non-infringement analyses across a range of technologies.
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Experience

  • Presented oral argument before a panel of administrative patent judges at the Patent Trial and Appeal Board.
  • Prepared expert witnesses for deposition; defended expert deposition; prepared expert witnesses for trial.
  • 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.
  • Defending pharmaceutical company against claims of patent infringement (Case No. 3:18-cv-14693-MAS-LHG; D. New Jersey; case ongoing).
  • Defending home décor company against claims of patent infringement (Case No. 4:18-cv-00847-ALM; E.D. Texas; case ongoing).
  • Defending radiopharmaceutical infusion system and generator manufacturer against patent-infringement claims related to infusion system technologies (In the Matter of Certain Strontium-Rubidium Radioisotope Infusion Systems, and Components Thereof Including Generators, Case No. 337-TA-1110; U.S. International Trade Commission; Investigation ongoing).
  • Defended medical device manufacturer against patent-infringement claims related to wound-sealing technologies (Case Nos. 2:17-cv-500 and 2:17-cv-771; E.D. Texas; Cases settled on confidential terms).
  • Defended electronics manufacturer against patent-infringement claims related to wireless communications and video decompression technologies (In the Matter of Certain Semiconductor Devices and Consumer Audiovisual Products Containing the Same, Case No. 337-TA-1047; U.S. International Trade Commission; Investigation settled on confidential terms shortly before hearing). 
  • Representing a patent owner against a competitor in a patent-infringement case regarding paper products (Case No. 3:17-cv-00282; W.D. Wisconsin; Case ongoing).
  • Representing a patent owner against a competitor in a patent-infringement case regarding paper products (Case No. 2:17-cv-04395; C.D. California; Case ongoing).
  • Represented electronics manufacturer alleging breach of FRAND contracts and antitrust violations (Case No. 5:16-cv-01210; N.D. California; Case settled on confidential terms).
  • Represented electronics manufacturer against patent owners alleging infringement of patents related to wireless communications and video decompression (Case No. 3:15-cv-04307; N.D. California; Patent owners dismissed case during claim construction). 

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
  • B.S., Biochemistry, The Ohio State University, 2012
  • B.A., International Relations and Diplomacy, The Ohio State University, 2012