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Kurt Calia is a partner in our Palo Alto 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).
Mr. Calia's 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 appeared as patent trial counsel in the International Trade Commission for Samsung related to light-emitting diodes, for a J&J subsidiary concerning an Alzheimer’s disease drug, and having participated in several intellectual property trials for Monsanto concerning genetically modified crops and herbicides, among other trials.
Mr. Calia also has substantial experience in prosecuting and defending trade secrets cases, particularly arising in the context of complex litigation involving other intellectual property claims.
Mr. Calia has also published and lectured on intellectual property issues, and previously served as an Adjunct Professor at the Howard University Law School where he taught a course on patent enforcement.
- Thales Visionix USA, Inc. v. United States (Ct. Fed. Cl. 2014) - Representation of third-party defendant, Elbit Systems of America, LLC, in patent infringement dispute related to helmet mounted display systems used in in the F-35 Joint Strike Fighter.
- Infernal Technology LLC et al. v. Electronic Arts, Inc. et al. (E.D. Texas 2015) - Representation of Electronic Arts in patent infringement litigation related to lighting and shadowing effects in computer graphic simulations.
- Ali v. Carnegie Institution of Washington and University of Massachusetts (D. Ore. 2012) – inventorship dispute related to intellectual property rights to RNA interference.
- Swanson v. ALZA Corp. (N.D. Cal. 2012) – inventorship dispute related to intellectual property rights to the ADHD drug, Concerta©.
- Representation of Monsanto Company in numerous lawsuits involving patent, antitrust, contract, and/or trade secrets issues concerning genetically modified crops and herbicides. Monsanto Company et al. v. E.I. DuPont De Nemours & Co. et al. (E.D. Mo. 2009); E.I. Du Pont and De Nemours Co. v. Monsanto Company and Asgrow Company (D. Del. 2000); Mycogen Plant Sciences, Inc. v. Monsanto (D. Del. 1998); Pioneer Hi-Bred International, Inc. v. Monsanto Company (E.D. Mo. 1997); Novartis Seeds, Inc. v. Monsanto Company (D. Del. 1997); Rhone-Poulenc Agro, SA v. DeKalb et al. (M.D.N.C. 1997); Monsanto v. Mycogen Plant Sciences et al. (D. Del. 1996)
- Elbit Systems of America, LLC et al. v. Hughes Network Systems, LLC et al. (E.D. Texas 2015) - Representation of Elbit in patent infringement litigation related to satellite communications systems.
- In re: Certain Light Emitting Devices, 337-TA-785 (ITC, 2011) – patent infringement matter related to light-emitting diodes.
- Representation of Pharmaceutical Research & Manufacturers Association (PhRMA) as an amicus in Federal Circuit and Supreme Court appeals in Ass’n for Molecular Pathology et al. v. United States Patent & Trademark Office (Fed. Cir. 2010, 2012) – patent appeal related to the patent-eligibility of DNA sequences and methods of screening cancer therapeutics.
- 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.
- Brazos Europe, Inc. v. Capital Resource Group (D.D.C. 2004) - securities fraud litigation.
- Rosemary Ryan-House v. GlaxoSmithKline et al. (E.D. Va. 2003) - patent-antitrust claims related to the antibiotic, Augmentin®.
- In re: Relafen Antitrust Action (D. Mass. 2003) - patent-antitrust matter related to the anti-inflammatory drug, Relafen®.
- Ciphergen Biosystems, Inc. et al. v. Molecular Analytical Systems, Inc. et al. (Santa Clara County Sup. Ct. 2003) - contract and trade secret litigation concerning surface enhanced laser desorption ionization technology.
- Stendig v. Intermune, Inc. (San Francisco County Sup. Ct. 2003) - representation of Intermune in antitrust litigation concerning interferon-gamma drug, Actimmune®.
- Caliper Technologies Corp. v. MDC, Corp. (N.D. Cal. 2002) - patent infringement related to kinase enzyme assays.
- ARM, Ltd. v. picoTurbo, Inc. (N.D. Cal. 2000) - patent infringement action related to RISC microprocessor core design.
- Pitney Bowes v. Bell & Howell Co. (D. Del. 1999) - patent infringement action related to high-speed mail processing devices.
- Key Pharmaceuticals, Inc. v. ELI-Lederle, Inc. (E.D. Pa. 1996) and Key Pharmaceuticals, Inc. v. Upsher-Smith Laboratories, Inc. (D.N.J. 1996) - patent infringement actions related to potassium chloride supplement.
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 litigation legislation related to healthcare insurance reform.
- Representation of a death row inmate at San Quentin in an excessive use of force and equal protection claim.
- 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).
March 25, 2020
SAN FRANCISCO—The Daily Journal has named Covington partners Kurt Calia and Clara Shin to its 2020 list of the “Top Intellectual Property Lawyers” in California. Mr. Calia is a partner in our Palo Alto office who tries complex civil litigation and intellectual property matters in courts and tribunals throughout the country, and counsels clients in intellectual ...
September 21, 2017, Law360
Kurt Calia is quoted in a Law360 article providing advice to new California patent litigators. Commenting on skepticism about discovery and sealing, Calia says when one side is seeking production of massive amounts of email or terabytes of technical data, "the judges understand that the cost to litigants — even with all the e-discovery tools that are available — ...
August 15, 2017
SILICON VALLEY—Covington secured a significant patent infringement victory on behalf of Elbit Systems Ltd. over its groundbreaking patent relating to high-speed satellite communications. A jury in the Unites States District Court for the Eastern District of Texas awarded Elbit Systems $21,075,000 in damages, exclusive of pre-judgment interest and post-verdict ...
Law360's Weekly Verdict: Legal Lions & Lambs
August 10, 2017, Law360
Covington's patent infringement victory on behalf of Elbit Systems was featured by Law360 as the leading item in the "Legal Lions" roundup. The team, which secured $21.1 million in damages for Elbit, was led by Kurt Calia and Ranganath Sudarshan.
Kurt Calia Named One of California's Top IP Lawyers
August 22, 2016
SILICON VALLEY—The Daily Journal has named Covington partner Kurt Calia to its list of the “Top Intellectual Property Attorneys in California for 2016.” The list recognizes California lawyers who have “pushed technological progress forward.” The Daily Journal highlighted Mr. Calia’s successful representation of Elbit Systems in a patent litigation involving the ...
National Law Journal Names Covington to "IP Hot List”
June 14, 2016
WASHINGTON—The National Law Journal has named Covington to its “2016 IP Hot List,” recognizing it as one of 15 firms that “set the bar in intellectual property law in 2015, scoring big wins for clients.” Covington was also one of only two firms last month to receive the highest rating from Chambers USA in its nationwide categories for Intellectual Property and ...
June 6, 2016, The National Law Journal
Ranga Sudarshan and Kurt Calia are quoted in The National Law Journal’s profile of Covington for the “2016 Intellectual Property Hot List.” In its story, NLJ highlighted the firm’s successful representation of Elbit Systems in a patent infringement case with military contractor Thales Visionix involving the F-35 Joint Strike Fighter. The Covington defense team ...
April 8, 2016, Law.com
Kurt Calia is quoted in this article discussing the future of, and reactions to, the Defend Trade Secrets Act. Calia sees some risk of abuse of the Act, but also has faith in the safeguards. “If you go in with flimsy facts or [request an order that's] excessive in scope … there’s exposure there.”
Smartwatches herald new legal battles
March 16, 2016, Financial Times
Kurt Calia is quoted by the Financial Times in this article about the legal battles brewing around smartwatches. According to Calia, who emphasizes the differences between smartphones and smartwatches, “There’s unlikely to be the big titan v titan litigation that we saw in the smartphone wars.” However, he adds, “A lot of the foundational technology that formed ...
J&J Wins Battle Over Concerta Patent Ownership
March 24, 2015, Law360
George Pappas and Kurt Calia are mentioned in this article regarding their successful representation of Alza, a Johnson & Johnson unit.
January 23, 2015, Bloomberg BNA
Covington's Kurt Calia was interviewed for this article regarding trade secrets legislation. "There is growing appreciation for the fact that, with patent eligibility being what it is, it is time for some people to start thinking about protecting their inventions through other forms of intellectual property,’’ Kurt G. Calia of Covington & Burling LLP, Redwood ...
November 14, 2014, Bloomberg BNA
Covington partner Kurt Calia is quoted regarding legislation to create a federal private right of action for misappropriation of trade secrets: ‘‘Trade secrets have the notorious distinction of being the only form of intellectual property with no federal remedy,’’ Kurt G. Calia of Covington & Burling LLP, Redwood Shores, Calif., told Bloomberg BNA. ‘‘That just ...
5 Tips For Running A Trade Secrets Audit
May 7, 2014, Law360
Covington's Kurt Calia is quoted regarding trade secrets audits.
Covington Co-Hosts Program on Cyber Espionage
9/27/2013
WASHINGTON, DC, September 27, 2013 — Covington & Burling and George Washington University’s Cybersecurity Initiative yesterday co-hosted a program that examined the growing threat of economic and cyber espionage and the need to protect trade secrets. In conjunction with the event, Covington and GW’s Cybersecurity Initiative released an issue brief on the legal ...
June 9, 2011
WASHINGTON, DC, June 10, 2011 — Covington & Burling LLP received 92 individual mentions and 32 practice mentions in the Legal 500 US 2011 edition. Legal 500 reviews the strengths and strategies of law firms in more than 90 countries in Europe, the Middle East, Asia, North and South America, and the Caribbean. Here are the Covington lawyers and practices ...
October 12, 2010
REDWOOD SHORES, CA, October 12, 2010 — Covington & Burling LLP partner Kurt Calia received the Boston University School of Law Victor J. Garo Public Service Award. Mr. Calia, a partner in Covington’s intellectual property litigation, technology, and life sciences practices, was honored for his representation of a death-row inmate in Alabama, a political asylum ...
August 9, 2010
REDWOOD SHORES, CA, August 9, 2010 — Covington & Burling LLP is pleased to announce that three partners from its Washington, D.C. office, Kurt Calia, Emily Henn, and Emily Leonard, have relocated to the Silicon Valley office. Their move will strengthen the link to the firm’s deep regulatory roots as well as further enhance the firm’s transactional and litigation ...
June 23, 2010
WASHINGTON, DC, June 23, 2010 — Covington & Burling LLP received 85 individual mentions and 23 practice mentions in the Legal 500 US 2010 edition. Legal 500 reviews the strengths and strategies of law firms in more than 90 countries in Europe, the Middle East, Asia, North and South America, and the Caribbean. Here are the Covington lawyers and practices ...
Patent Practice and Enforcement
August-December 2009, Howard University Law School
International Judicial Academy Colloquium on Intellectual Property and Scientific Evidence
August-September 2007
February 2007, Conducting Markman Hearings in Patent Infringement Lawsuits: Leading Lawyers on Interpreting Claims, Developing Court Presentations, and Making a Strong Argument (Inside the Minds)
Federal Circuit Reverses Adverse Inference Rule for Failure to Produce Exculpatory Advice of Counsel
September 17, 2004, Covington E-Alert
Sept./Oct. 1992, Biotechnology Law Report, 11(5):540-557
- Daily Journal,.“Top Intellectual Property Lawyers” (2020, 2016)
- Managing Intellectual Property "IP Stars," Trade mark and Patent - CA (2019)
- IAM Patent 1000 - The World’s Leading Patent Practitioners (2015-2016)
- Recognized by Legal 500 US in Intellectual Property: Trade Secrets (2009-2017) and Intellectual Property - Patent Prosecution (2013)
- Northern California Super Lawyers, Intellectual Property (2013, 2018)