Keith Slenkovich is a partner in the Intellectual Property and Litigation/Controversy Departments, and a member of the Intellectual Property Litigation Practice Group and the Business Trial Group.
Practice
Mr. Slenkovich is an experienced trial lawyer, who represents technology companies in intellectual property disputes and complex commercial litigation. As lead trial counsel, Mr. Slenkovich has taken more than a dozen jury and court trials to verdict in state and federal courtrooms throughout the country. His intellectual property experience includes numerous patent, trade secret, copyright and trademark cases, including disputes alleging infringement or misappropriation in the clean tech, telecommunications, semiconductor, software, and manufacturing fields. As part of his intellectual property practice, Mr. Slenkovich regularly represents companies in Section 337 cases before the US International Trade Commission, and has tried matters to international tribunals such as the Hong Kong International Arbitration Centre. His commercial litigation experience includes cases involving unfair trade practices as well disputes arising out of the energy, construction, advertising and financial services industries. Mr. Slenkovich has argued to federal and state appellate courts throughout the country.
Mr. Slenkovich is admitted to practice in the State of California and before the United States Supreme Court, the United States Court of Appeals for the Federal Circuit, the United States Court of Appeals for the Ninth Circuit, the Supreme Court of California, the United States District Court for the Eastern District of Texas and all United States District Courts of California.
Recent Highlights
In recent years, Mr. Slenkovich’s work has included the following matters:
- Represented plaintiff in patent case arising out of solar cell and semiconductor manufacturing equipment technology. As lead trial counsel, obtained first verdict of validity, infringement and permanent injunction following the seminal KSR v. Teleflex decision. Successful verdict, which was upheld on appeal, prevented defendant from bringing to market product line which had threatened $1 billion annual market.
- Represented respondent as lead trial counsel before International Trade Commission in action seeking to bar importation of client's semiconductor chips on the basis of alleged process patent infringement. Obtained determination from ALJ and full commission that patent invalid, resulting in finding of no violation.
- Represented defendant in trade secrets case involving competing semiconductor companies. As lead trial counsel, successfully defended case against threatened product injunction, achieving dismissal of all claims.
- Represented plaintiff as lead trial counsel in declaratory judgment action challenging the enforceability of patents related to internet marketing technology on basis of inequitable conduct. Obtained uncompensated, worldwide license to all patents at issue.
- Represented plaintiff in trade secrets case involving semiconductor process technology. As lead trial counsel, obtained permanent injunction barring use of proprietary technology and former employee contact with competitor.
- Represented respondent before International Trade Commission in action seeking exclusion order barring importation of digital cameras on the basis of alleged patent infringement. Achieved favorable settlement following ITC hearing and Office of Unfair Import Investigations findings that all patents invalid and not infringed.
- Represented plaintiff in claims arising out pharmaceutical plant's high purity gas delivery system. As lead trial counsel, obtained $26 million trial victory for client.
- Current/recent additional matters include representation of a computer company in multi-district patent litigations involving smart phone technology, representation of a leading semiconductor manufacturer in multiple patent litigations arising out of DRAM technology, representation of plaintiff in trade secret action involving biofuels processing technology, representation of defendant manufacturer in patent litigation involving flash memory chip technology, representation of defendant in patent and trade secret case arising out of flat screen extrusion technology, representation of plaintiff in claims regarding defective media supplied for hard disk drives and representation of plaintiff in patent infringement claims involving electronic design automation software.
Professional Activities
Mr. Slenkovich is a member of the American Bar Association (Intellectual Property Section), the International Trade Commission Trial Lawyers Association and the Intellectual Property Owners Association, Standards Setting Committee.
Community Involvement
Mr. Slenkovich is a recent Board Chairman and Director of Silicon Valley Habitat for Humanity. He is also a member of the Santa Clara County Law Foundation Fair Housing Project.
Honors and Awards
- Recognized in the 2009, 2010 and 2011 editions of Northern California Super Lawyers for his intellectual property litigation practice.
Publications
- “Green IP: Avoiding Mistakes of Emerging Technologies Past,” Energy Law360, March 2, 2010; also published in IP Law360 and Environmental Law360
- “Business Method Patents And The Potential For Inequitable Conduct Claims,” Technology Law Updates, September 2008
- “Recent Patent Law Developments Draw Patent Holders To International Trade Commission,” Technology Law Updates, August 2008
- “Triple Dose of Bad News to Non-Practicing Patent Holders,” IP Frontline, August 29, 2007; also published in California State Bar Association Intellectual Property Section, New Matter, October 2007, Vol. 32, Number 3
- “Trying a Patent Validity Case in a Post-KSR World,” IP Law360, July 17, 2007
- “FTC Writes New Chapter in Rambus Patents/Standards-Setting Saga,” Technology Law Updates, August 2006
- “Best Practices in Corporate Technology Purchasing,” Technology Law Updates, January 2006
Speaking Engagements
- Patent Damages Symposium, Federal Circuit Bar Association/Berkeley Technology Law Journal – Berkeley, California, October 2010
- 2010 West Coast IP Conference, WilmerHale – Palo Alto, California, October 2010
- Claims Construction In The Eastern District Of Texas, West Legalworks – Washington DC, November 2008
- Analyzing Developments in Invalidation Jurisprudence, Fifth Annual IQPC Patent Strategies Program – San Francisco, California, March 2008
- The Changing Landscape of Obviousness in the Wake of KSR, PLI Patent Law Institute – San Francisco, California, January 2008
- Guest Lecturer on Patent Law, Santa Clara University Patent Law Symposium – Santa Clara, California, October 2007
- Exploring Software Intellectual Property Law Issues: New Economy Issues in Old Economy Companies, IQPC Legal IQ Patent Strategies – New York, NY, September 2007
- Trying Patent Cases Under the New KSR Standard, PLI Hot Topic Briefing – San Francisco, California, August 2007
