Christopher R Kinkade

As a patent litigator, Chris helps clients manage, protect and enforce their intellectual property rights. 

Chris represents clients in all stages of litigation, commercial transactions and licensing. Chris prosecutes and defends claims of intellectual property infringement in federal courts across the country, including representing clients from small businesses to Fortune 500 companies as lead and local counsel. In addition to patent, trademark and copyright infringement disputes, Chris has represented clients in litigations concerning trade secret and commercial disputes, unfair competition, unfair trade practices, false advertising, breach of contract, franchising and antitrust issues. 

Chris’s litigation experience includes:

• defeating a preliminary injunction and succeeding on motion to dismiss in trademark and copyright infringement action against competing line of consumer products;
• defeating four preliminary injunction motions in multimillion-dollar pharmaceutical patent case;
• obtaining a jury verdict of $12 million on breach of contract claim;
• prevailing on an order to show cause for contempt with permanent injunctive relief against a competitor's infringing trademarks;
• litigating a multimillion-dollar pharmaceutical patent case to favorable settlement;
• prevailing on an order to show cause with temporary restraints against a competitor's false advertising;
• successfully defending an FTC advertising investigation spawned by competitor; and
• defending claims of trademark infringement in multiple cases that resulted in favorable settlements where the clients retained the right to use their trademarks and trade dress.

As a registered patent attorney, Chris: 

• prosecutes utility and design patents in the biotechnology, medical device, pharmaceutical and mechanical arts; 
• counsels clients on strategic portfolio management;
• prosecutes trademark applications and counseling clients on brand development and protection;
• prosecutes copyright applications; 
• represents clients in opposition and cancellation proceedings before the Trademark Trial and Appeals Board; 
• performs infringement and freedom to operate analyses for patents and trademarks; 
• negotiates intellectual property license agreements and other commercial contracts, including joint development agreements, work-for-hire agreements, distribution agreements, non-compete agreements and confidentiality agreements; and
• performs due diligence investigations.

Bar Admissions:

• New Jersey
• New York
• United States Patent and Trademark Office

Federal Court Admissions:

• District of New Jersey
• Southern District of New York
• Eastern District of New York
• Court of Appeals for the Federal Circuit
• Court of Appeals for the Second Circuit