Kevin P. Flynn

Associate

Cincinnati
T +1.513.852.2627
F +1.513.929.0303

Overview

Kevin maintains a robust practice spanning the spectrum of intellectual property matters. He has represented clients in courts across the country and has experience in administrative forums, including the International Trade Commission and the Patent Trial and Appeal Board. A registered patent attorney, Kevin regularly counsels inventors and brand owners to secure and maintain protection.

Kevin has experience in all phases of litigation and has counseled clients over a wide range of technologies, from computer and Internet technologies to turbine engines, optics, industrial machines, LED lights, radiological systems, pharmaceuticals and more. Kevin translates both business and technical issues into effective legal advocacy.

Select Experience

  • Lead counsel for a commercial cooking manufacturer client challenging a patent in an inter partes review. Achieved an early stay of district court litigation and was deeply involved in initial strategy, all briefing, and presented oral argument before a panel of judges at the Patent Trial and Appeal Board. The panel invalidated the patent on multiple grounds and the decision was not appealed.
  • Has deposed and defended in deposition fact and expert witnesses, drafted and argued motions in court and been a key member of successful trial teams.
  • Conducted patent invalidity and non-infringement analyses across a range of technologies.
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Experience

  • Lead counsel for a commercial cooking manufacturer client challenging a patent in an inter partes review. Achieved an early stay of district court litigation and was deeply involved in initial strategy, all briefing, and presented oral argument before a panel of judges at the Patent Trial and Appeal Board. The panel invalidated the patent on multiple grounds and the decision was not appealed.
  • Has deposed and defended in deposition fact and expert witnesses, drafted and argued motions in court and been a key member of successful trial teams.
  • Conducted patent invalidity and non-infringement analyses across a range of technologies.
  • Drafted complaint alleging novel antitrust violations connected to the assertion of standard-essential patents having F/RAND commitments, which survived a motion to dismiss. The survival of the antitrust claims helped lead to a favorable multilitigation settlement for the client.
  • Represented client in numerous litigation matters to protect intellectual property in the corrections industry (ongoing).
  • Defended an ANDA-holding pharmaceutical company against claims of patent infringement (case settled favorably).
  • Defended home décor company against claims of patent infringement in district court and before the Patent Trial and Appeal Board (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 at the ITC).
  • 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 against patent owners alleging infringement of patents related to wireless communications and video decompression (case voluntarily dismissed amidst claim construction proceedings).

Recognitions and Memberships

Recognitions

  • Ohio Super Lawyers "Rising Star" (2022)

Memberships

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

Community

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

Pro Bono

  • 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.
  • Represented minority small business owner and mentored law students in collaboration with MORTAR entrepreneurship program and the University of Cincinnati College of Law’s Entrepreneurship and Community Development Clinic.
  • Met with city attorney and city councilman to discuss and prepare trademark licensing agreement based on needs of the City of Cincinnati.

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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