Don V. Kelly, Attorney

Mr. Kelly represents clients in the areas of litigation and intellectual property.

Mr. Kelly has extensive litigation experience, having served as lead counsel in both state and federal jury and non-jury trials. He concentrates his litigation practice in the areas of patent infringement, trademark infringement, trade secret litigation, non-compete agreements and business disputes. He has handled numerous multi-million dollar trade secret, franchise, contract and intellectual property cases. Before changing the focus of his litigation practice to intellectual property and commercial litigation, he previously handled severe injury medical malpractice, toxic tort, pharmaceutical, medical device and products liability litigation.

As a registered patent attorney, he has drafted and prosecuted patent applications in a diverse array of technologies including medical devices, engine components, refrigeration/ac systems, industrial tools, computer equipment, fuel systems, optical coatings, optical cleaning methods, and food storage and serving apparatus. He also assists and counsels clients in connection with trademarks, copyrights, trade secrets, technology license agreements and intellectual property opinions and infringement analyses.

He is qualified as a mediator under Missouri Supreme Court Rule 17.

Recent Intellectual Property Litigation:

2008

(Il. State Court 2008) - Lead counsel for defendant in trade secret case involving web site development software. Case currently in discovery.

(E.D. Mo. 2008) - Lead counsel for automobile dealership plaintiffs in trademark infringement action. Obtained consent decree under which defendants ceased use of allegedly infringing mark.

(N.D. Ill. 2008) - Lead counsel for container and packaging manufacturer plaintiff in patent infringement claim involving food container. Defendant agreed to remove allegedly infringing product from market.

(E.D. Mo. 2008) - Lead counsel for seller of material handling products and services plaintiff in trademark infringement case. Obtained consent decree under which defendants ceased use of allegedly infringing mark.

2007

(S.D. Ill. 2007) - Lead counsel for two defendants in multi-defendant (18 co-defendants) patent infringement claim involving medical document software systems; case currently in discovery.

(E.D. Mo. 2007) - Lead counsel for mortgage company defendants in trademark infringement action. Case dismissed with no finding or admission by client of trademark rights or infringement.

(E.D. Mo. 2007) - Lead counsel for container and packaging manufacturer plaintiff in patent infringement claim involving food container. Defendant agreed to stop sale and distribution of allegedly infringing product.

(E.D. Mo. 2007) - Lead counsel for defendant operating oil change facility in trademark infringement claim.

2006

(M.D. Tn 2006) Represented manufacturer and distributor defendants in patent infringement claim involving pharmaceutical vials.

2005

(Il. State Court 2005) - Counsel for defendants in non-compete and trade secret case involving insurance agency. Case settled after judgment on all counts rendered in favor of defendants.

2004

(E.D. Mo. 2004) - Lead counsel for automobile dealership plaintiffs in trademark infringement case. Defendant agreed to stop use of allegedly infringing mark.

Published Works:

Reusing Patented Medical Devices, 6/12/07

Refurbishing Patented Products, 7/10/07

FACTA: New Law Imposes Duties On All Businesses As to Disposal of Consumer Information, 3/06/06, St. Louis Small Business Monthly