Kurt G. Calia

Kurt Calia is a partner in our Silicon Valley office practicing in the areas of complex civil litigation, patent litigation, intellectual property, life sciences, and patent prosecution.  He is a former co-chair of the firm's Patent Group, and he currently serves as the Vice Chair for the Trade Secrets Committee of the Intellectual Property Owner’s Association (IPO).  His practice focuses largely on the firm's high technology clients in a wide range of areas including pharmaceutical chemistry, agricultural biotechnology, biomedical devices, nanotechnology, genetics, mechanical devices, business methods, microprocessors, and software.  Mr. Calia has significant trial experience, having recently appeared as patent trial counsel for a J&J subsidiary concerning an Alzheimer’s disease drug, and having previously participated in a series of intellectual property trials for Monsanto concerning genetically modified crops.  He also has substantial experience in prosecuting and defending trade secrets cases, particularly arising in the context of complex litigation involving other intellectual property claims.

Representative Matters

• Monsanto Company et al. v. E.I. DuPont De Nemours & Co. et al. (E.D. Mo. 2009) - patent, contract, and antitrust litigation related to genetically modified crops.
• Janssen L.P. et al. v. Barr Laboratories et al. (D.N.J. 2007), Janssen L.P. et al. v. KV Pharmaceuticals, Inc. (D.N.J. 2007), Janssen L.P. et al. v. Barr Laboratories, Inc., et al. (D.N.J. 2006), and Janssen L.P. et al. v. Sandoz, Inc. (D.N.J. 2006) - patent infringement actions related to Alzheimer’s disease drug, Razadyne®-ER.
• Blackbird Technologies, Inc. v. Applied Security, Inc et al. (Fairfax County Cir. Ct. 2007) - employee agreement contract dispute.
• In re: ‘318 Patent Infringement Litigation (D. Del. 2005) - patent infringement case involving Alzheimer’s disease drug, Razadyne®.
• Compuware Corp. v. OPNET Technologies, Inc. (E.D. Mich. 2004) - patent infringement and trade secret cases related to network communication optimization technology.
• Choice-Intersil Microsystems, Inc. v. Agere Systems, Inc. (E.D. Pa. 2002), Agere Systems, Inc. v. Intersil Corp. and GlobespanVirata, Inc. (D. Del. 2002), and Agere Systems, Inc. v. Intersil Corp. and GlobespanVirata, Inc. (D. Del. 2003) - representation of GlobespanVirata in litigation involving allegations of patent infringement, copyright infringement, trade secret, misappropriation, and breach of contract concerning wireless communication and semiconductor technology.

Honors and Rankings

• IAM Patent 1000 - The World’s Leading Patent Practitioners (2012)
• Recognized as a leading lawyer by Legal 500 US in their “IP: Trade Secrets” category (2009-2012)

Pro Bono

• Representation of the American College of Obstetricians and Gynecologists in constitutional challenges to the Partial Birth Abortion Ban Act of 2003 (U.S. Supreme Court) and Michigan Legal Birth Definition Act (6th Cir.).
• Representation of the Religious Coalition for Reproductive Choice in constitutional challenge to New Hampshire parental notification law (U.S. Supreme Court).
• Representation of the Welfare Rights Organizing Coalition in administrative litigation opposing proposed conversion of healthcare organization from non-profit to for-profit status in Washington State and Alaska.
• Representation of the California Medical Association, Association of Reproductive Health Professionals, Physicians for Reproductive Choice and Health, and individual physicians in constitutional challenges to the Partial Birth Abortion Ban Act of 2003 (N.D. Cal., 2nd Cir., 8th Cir., and 9th Cir.).
• Representation of Alabama death row inmate in post-conviction proceedings.
• Representation of D.C. Appleseed in proposed legislation related to healthcare insurance.
• Representation of Sudanese lawyer in political asylum application.
• Gray v. Poole et al. (D.D.C. 1999) (D.C. Cir. 2000) - representation of corporation counsel lawyer in defending prior prosecution of child neglect action.
• Center to Prevent Handgun Violence v. U.S. Dept. of Treasury et al., (D.D.C. 1996) - FOIA litigation related to multiple handgun sales records. 
• Representation of D.C. Jail inmate in a murder trial.

Memberships and Affiliations

• Mr. Calia currently serves as the Vice Chair of the Trade Secrets Committee of the Intellectual Property Owners Association (IPO).

Publications and Speeches

• "Patent Practice & Enforcement", Howard University Law School (Aug.-Dec. 2009)
• "e-Discovery," IP Global Conference, Austin, Texas (Feb. 2009)
• "Privilege and Privacy," General Counsel Conference, Washington, DC (Oct. 2008)
• "Settlement Agreements," IP Global Conference, Pinehurst, NC (May 2008)
• International Judicial Academy Colloquium on Intellectual Property and Scientific Evidence, Delegation member/faculty, (Argentina, Aug.-Sept. 2007)
• "Gene Patents," University of Maryland School of Law Seminar (March 2007)
• "The Role of Patent Lawyers, both Generally and in the Context of Markman Hearings," Conducting Markman Hearings in Patent Infringement Lawsuits: Leading Lawyers on Interpreting Claims, Developing Court Presentations, and Making a Strong Argument (Inside the Minds) (February 2007)
• ALI-ABA's "Trial of a Patent Case," Faculty member (Chicago, Sept. 2005)

• "The Threat from Within: Theft of Business Critical Information by Company Insiders," (March 2013), Co-Author
• "Stronger Patents," The European Lawyer (July/August 2010), Co-Author
• "Federal Circuit Reverses Adverse Inference Rule for Failure to Produce Exculpatory Advice of Counsel," Covington E-Alert (9/17/2004), Author