Professional experience
Kelly Hunsaker is a Principal in Fish & Richardson's Silicon Valley office and an accomplished litigator called on by some of the world’s best known companies to lead their most important cases. She currently serves as Head of Business Development for the firm’s litigation practice group, helping new and existing clients harness the firm’s vast resources and expertise in 12 offices worldwide. With 15 years experience litigating high stakes cases, Ms. Hunsaker has been recognized as one of the Top 75 Women Litigators in California, one of California’s Top 100 Super Lawyers and one the nation’s Top 500 New Stars.

Ms. Hunsaker teams with in-house counsel, engineers and business people to formulate the best legal strategy for each case, consistent with the client’s overall business objectives and IP strategy. She puts together world-class litigation and trial teams to flawlessly execute that strategy in the most cost-effective way possible. Whether representing Fortune 10 companies, mid-sized companies or start-ups, Ms. Hunsaker uses the depth of her experience in law, technology and business to achieve optimal results.

In her practice, Ms. Hunsaker leads patent litigation involving a wide range of technologies, especially in the fields of computer software, computer networks and other computer science applications. Her experience in these fields include patent cases involving various operating system and application software, Internet applications and infrastructure, digital rights management (DRM) applications, computer graphics, network security, financial services, web site development tools, customer relationship management (CRM) applications, data communications, device drivers, database technologies, middleware, and object-oriented programming technologies. Ms. Hunsaker has also litigated patent cases involving a variety of other technologies, including optical systems and laser technologies, semiconductors, mechanical devices, methods of manufacturing, material sciences, pharmaceutical sciences, and sporting goods. She has extensive experience in other areas of commercial litigation, as well as trademark, trade secret, copyright, and technology licensing disputes.

Ms. Hunsaker’s practice includes client counseling on IP strategy and a variety of other matters, pre-suit investigations, due diligence, and opinion work, as well as re-examinations and patent interferences. She has extensive experience handling all aspects of trial, pre-trial and appellate proceedings, as well as a track record for achieving favorable settlements short of trial.

Ms. Hunsaker previously served as the firm’s first National Chair of Firmwide Diversity (2004-2006). During her tenure, Fish & Richardson launched its 1L Diversity Fellowship program, became the first Platinum law firm sponsor of the American Intellectual Property Law Education Foundation (AIPLEF), and received recognition as on one of the Top 100 Law Firms for promoting diversity in the legal profession.

Litigation examples

Patent Litigation
Microsoft Corporation adv. Juxtacomm Technologies, Inc. (E.D. Tx.) - Leading defense team for Microsoft in patent litigation filed against 22 defendants in Eastern District of Texas involving database technology.

Microsoft Corporation adv. Data Encryption Corporation (an Acacia entity) (C.D. Cal.) - Led defense team for Microsoft in patent infringement case involving Windows file encryption technology, winning summary judgment of non-infringement and making the winning argument on appeal before the Federal Circuit Court of Appeals.

Microsoft adv. TV Interactive Data (N.D. Cal.) - Led defense team for Microsoft in four-patent litigation involving Windows operating system and device driver technology. Settled favorably.

Honeywell Int’l, Inc. et al. v. Apple Computer, Inc. (D. Del.) - Leading defense team for Apple Computer in patent litigation filed against 35 defendants involving LCD technology.

Block Financial Corporation v. Yodlee, Inc. (W.D. Mo.) - Won summary judgment of noninfringement for defendant Yodlee, Inc. in patent litigation involving account aggregation software, distributed object technology and Internet applications.

Macromedia, Inc. v. Adobe Systems, Inc. (D. Del.) - Defended Adobe in patent litigation involving computer software for the creation and editing of web sites. Resolved favorably.

Zone Labs v. Sygate Technologies, Inc. (N.D. Cal.) - Defended Sygate in patent litigation involving computer network security software and systems. Resolved favorably.

Heidelberger Druckmaschinen AG v. Adobe Systems, Inc. (D. Del.) - Defended Adobe in patent litigation involving computer graphics software and electronic photo retouching. Resolved favorably.

Genesys Telecommunications Laboratories v. Kana Communications (D. Del.) - Represented plaintiff Genesys in patent litigation involving email routing software. Resolved favorably.

Air Measurement Technologies, Inc. and North-South Corporation v. Bacou USA Safety, Inc. - Defended Bacou USA Safety in patent litigation involving industrial safety equipment for firefighters. Settled favorably. <

In the Matter of Certain Set-Top Boxes and Components Thereof (ITC) - Represented Gemstar-TV Guide International, Inc. and StarSight Telecast, Inc. in multi-patent ITC proceedings involving interactive programming guides.

The Burton Corporation v. Vans, Inc., Switch Manufacturing, Inc. - Defended Vans, Inc. and Switch Manufacturing against Burton Snowboards in patent litigation involving snowboard equipment. Resolved favorably.

Supracor Systems, Inc. v Reebok International (N.D. Cal.) - Led case filed by plaintiff Supracor in technology licensing dispute involving athletic footwear and patented process for manufacturing thermoplastic elastomeric honeycomb, recovering $18.75 million in damages.

PLS - Pacific Laser Systems v. TLZ, dba Toolz, Inc. - Represented plaintiff Pacific Laser in patent litigation involving laser alignment device. Resolved favorably, including redesign of the accused product.

Trademark, Trade Secret and Copyright Litigation
eMachines adv. Apple Computer, Inc. - Represented eMachines in case brought by Apple alleging "eOne" computer infringed the trade dress of Apple’s "iMac" computer. Resolved favorably.

Lifetime Software Technologies, Inc. v. Time, Inc. - Represented plaintiff Lifetime Software in Internet domain name and trademark dispute. Resolved favorably.

Siegel Electronics v. Ardco Electronics - Defended Ardco Electronics against Siegel Electronics in trade secret and copyright dispute. Resolved favorably.

Wildflour v. Sunflour - Defended Sunflour against Wildflour in trademark dispute. Resolved favorably.

Other Litigation
J&D Properties v. Massachusetts Bay Insurance Co. - Represented defendant in breach of contract and insurance bad faith case. Tried four-week jury trial with successful outcome for the defendant.

Potter v. Guaranty National Insurance Company - Argued appeal before the Nevada Supreme Court. Successfully obtained reversal of multi-million punitive damages award.

Polaris Investment Management Corp. v. Avemco Insurance Company - Represented defendant in $15 million breach of contract and insurance bad faith case. Won summary judgment for defendant.

Selected presentations and publications
Presenter, "Patent Reform Act of 2007," with K.K. Lutton, presented to the Silicon Valley General Counsel Association (SVGCA) (June 15, 2007).

Moderator, "Patent Reform: Where Do We Go From Here?" with panelists Peter Detkin (Managing Director, Intellectual Ventures), Michael Einschlag (Vice President, Intellectual Property, Nektar), Chip Lutton (Chief Patent Counsel, Apple Computer), and Derek Minihane (Senior Director, Intellectual Property Law and Assistant General Counsel, Altera Corporation), IP Law & Business' conference entitled "Innovations in IP Litigation: A Spring Briefing" in San Jose, California, May 17, 2006.

Author, "Taking Care of Business: Patent Reform Should Promote Innovation, Not Imitation," criticizes proposed changes to the definition and scope of prior art, printed in the San Francisco Chronicle, August 30, 2005.

Presenter, "Patent Reform & Legislative Changes on the Horizon," with K.K. Lutton and M.A Dillahunty, presented in multiple venues on request, 2005.

Presenter, "Proactive Patent Strategies: Thriving in an Era of Patent Reform and Evolving Law," with K.K. Lutton and M.A Dillahunty, L.E.A.D. Conference, April 15, 2005.

Bar admissions
Admitted to practice before the Federal Circuit. Admitted to the bar in California, including the U.S. District Courts for the Northern, Southern, Eastern and Central Districts of California, the Ninth Circuit Court of Appeals and all California state courts. Frequently practices in U.S. District Courts in the Eastern District of Texas, the District of Delaware and other jurisdictions throughout the country.

Additional information
Member, Board of Trustees, American Intellectual Properly Legal Education Foundation (AIPLEF) (2004-2006).
Member: California Bar Association, Intellectual Property and Litigation Sections.
Judicial Extern, Hon. Carl Anderson, California Court of Appeal, First Appellate District (1992).