Associate / Austin / 512-226-8126
kdarby@fr.com

Kenneth Darby

Kenneth Darby is an associate in Fish & Richardson’s Austin office. Mr. Darby’s practice is largely focused on AIA post-grant proceedings at the Patent Trial and Appeal Board (PTAB), where he has successfully represented both patent owners and petitioners.  In addition to petition and brief drafting in these proceedings, Kenneth specializes in developing high-level case strategies and legal theories for his clients.  Mr. Darby also has experience pursuing and defending appeals of PTAB decisions at the United States Court of Appeals for the Federal Circuit.

Beyond the substantial post-grant aspect, Mr. Darby’s practice includes intellectual property (IP) portfolio assessment and strategy, IP due diligence, patent drafting, patent prosecution and appeals to the PTAB, patentability and freedom-to-operate searches, and civil litigation.  Mr. Darby is also a content contributor for events, press releases, and publications produced by Fish & Richardson.

Mr. Darby is an active participant in Fish and Richardson’s pro bono program. In 2016, he played an instrumental role in a Texas voting rights case, Das and OCA Greater Houston v. State of Texas, as a member of the team that collaborated with the Asian American Legal Defense and Education Fund to strike down a Texas election law that violated the Federal Voting Rights Act (VRA). In addition to spearheading motions briefing on the merits, Kenneth delivered an opening statement at the United States Federal Court for the Western District of Texas in Austin that, according to Judge Robert Pitman, “was on par with some of the strongest oral advocates that come before the Court.”  Kenneth also participated in the appellate briefing and appeared before the United States Court of Appeals for the Fifth Circuit, which largely affirmed the decision.

In 2015, Mr. Darby graduated with honors from The University of Texas at Austin where he received the Dean’s Achievement award in civil procedure and mass tort litigation.  Mr. Darby received his Bachelor of Science degree in Mechanical Engineering from the University of Texas at Austin where he received the John W. Hargis Endowed Presidential Scholarship in Engineering and the ExxonMobil Diversity Scholarship. As a student, he was accepted into the University of Texas Emerging Scholars Program and served as a peer tutor with the Equal Opportunity in Engineering organization. Mr. Darby also worked consecutive terms as an engineering intern for Austin Energy, with a focus in power production. His duties included the preparation of technical feasibility reports and the virtual construction of thermodynamic models representing power generating components.

Education

J.D., University of Texas at Austin 2015
Dean’s Achievement award in civil procedure and mass tort litigation


B.S., University of Texas at Austin 2008
Mechanical Engineering

Admissions

  • U.S. Patent and Trademark Office 2009
  • Texas 2015

Experience

Post-Grant Proceedings

Assa Abloy AB v. Unikey Technologies, Inc., IPR Case No. IPR2016-00679
Unikey Technologies, Inc. v. Assa Abloy AB, IPR Case No. IPR2016-00686
FMC Technologies, Inc v. OneSubsea IP UK Limited, IPR Case No IPR2016-00495
FMC Technologies, Inc v. OneSubsea IP UK Limited, IPR Case No IPR2016-00467
Apple Inc. v. Qualcomm Incorporated, IPR Case No. IPR2018-01277
Apple Inc. v. Qualcomm Incorporated, IPR Case No. IPR2018-01278
The Heil Co. v. Advanced Custom Engineered Systems & Equipment Co., IPR Case No. IPR2018-00139
FMC Technologies, Inc. v. OneSubsea IP UK Limited, IPR Case No. IPR2016-00378
FMC Technologies, Inc. v. OneSubsea IP UK Limited, IPR Case No. IPR2016-00328
Google LLC v. Uniloc USA, Inc., IPR Case No. IPR2017-02082
Google LLC v. Uniloc USA, Inc., IPR Case No. IPR2017-02085
Google LLC v. Uniloc USA, Inc., IPR Case No. IPR2017-02083
Google LLC v. Uniloc USA, Inc., IPR Case No. IPR2017-02084
Spectrum Brands, Inc. v. Assa Abloy AB, IPR Case No. IPR2015-01562
Leapfrog Product Development, LLC v. Lifefactory, Inc., IPR Case No. IPR2015-00614
Samsung Electronics Co., LTD. v. Immersion Corporation, IPR Case No. IPR2018-01467
Samsung Electronics Co., LTD. v. Immersion Corporation, IPR Case No. IPR2018-01468
Samsung Electronics Co., LTD. et al. v. Personalized Media Communications, L.L.C., IPR Case No. IPR2017-00292
General Electric Company v. United Technologies Corporation, IPR Case No. IPR2017-00522
General Electric Company v. United Technologies Corporation, IPR Case No. IPR2017-01096
General Electric Company v. United Technologies Corporation, IPR Case No. IPR2017-01097
General Electric Company v. United Technologies Corporation, IPR Case No. IPR2018-01171
General Electric Company v. United Technologies Corporation, IPR Case No. IPR2018-01172
General Electric Company v. United Technologies Corporation, IPR Case No. IPR2018-01442
Plaid Technologies Inc. v. Yodlee, Inc., CBM Case No. CBM2016-00082
Plaid Technologies Inc. v. Yodlee, Inc., CBM Case No. CBM2016-00089
Plaid Technologies Inc. v. Yodlee, Inc., CBM Case No. CBM2016-00088
Plaid Technologies Inc. v. Yodlee, Inc., CBM Case No. CBM2016-00070
Plaid Technologies Inc. v. Yodlee, Inc., CBM Case No. CBM2016-00056

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