Key Experience

  • Focuses on patent and trademark infringement litigation.
  • Is a registered patent lawyer.
  • Combines first-chair jury trial experience with deep technical knowledge.

Practice

Kirt O’Neill represents clients in a broad array of technology areas in patent and trademark litigation and other intellectual property (IP) disputes, including antitrust cases. He has testified frequently as an expert witness on patent infringement and validity issues and on patent claim construction. He is particularly skilled at identifying issues that matter to juries, and he can present cases in a sympathetic and interesting fashion.

Representative Work

  • For a company in the mammalian gender selection industry, served as legal defense in an antitrust case that challenged the client’s sector dominance. At stake were potential damages of more than $70 million and significant loss of market share. Identified high-impact counterclaims of patent infringement and trade secret misappropriation to “even the field” at the two-week jury trial (take-nothing verdict) in the plaintiff’s hometown. Prevailed in antitrust defense, as well as on all counterclaims. The win yielded more than $2 million in past damage to the client and more than
    $20 million in future royalty damages paid by the plaintiff.
  • Represented a national telecommunications company in a suit brought in Nebraska by a small technology company seeking more than $500 million in damages for infringement of patents relating to network security. Obtained the exclusion of the plaintiff’s damages expert before trial and identified significant “prior art” defense to the patents.
  • Advocated for a client in the mammalian gender selection industry when its sole domestic technology licensee absconded with its patented and trade secret technology. The jury’s verdict terminated the defendant’s technology license for the client, found the defendant to be a “willful” infringer of 10 of the client’s patents, and awarded past and future damages exceeding $30 million. It marked the third-largest jury verdict in Colorado for 2016.
  • Defended a leading cellular carrier and a mobile device maker in a patent infringement case in the Eastern District of Texas concerning wireless calling using voiceover IP.
  • On behalf of a leading financial services company, enforced trade secrets concerning remote check depositing.

Recognition