Education
Grace College B.S. Communications 1986 magna cum laude
Duke University School of Law J.D. 1990 Semifinalist, Craven Cup National Moot Court Competition, Am. Jur. Book Award: Trial Practice
Editorial Board, Duke Law Journal
Professional experience
Dan Kent is one of the founding Principals of Fish & Richardson's Atlanta office. His national practice focuses on patent trial and litigation work, as well as trademark, trade secret and copyright cases. Mr. Kent is an experienced trial lawyer, having successfully tried a wide variety of matters from patent infringement cases to cases of alleged defamation and medical malpractice, and successfully handled numerous appeals involving complex scientific, technical, and legal issues. He has extensive experience efficiently managing all aspects of large-scale patent and other cases. Mr. Kent has been recognized by his peers as a "Georgia Super Lawyer," and is called upon regularly to speak about intellectual property topics to lawyers and business leaders.
Representative cases
ArrivalStar, et al. v. Supply Chain Consulting, et al. (logistics software) - represented defendant software company in patent infringement litigation involving shipment tracking technologies. Case settled favorably.
Parking Security Systems v. Miami-Dade County (software/systems) - represented defendant in patent infringement case involving systems for managing large-scale parking areas. Settled favorably.
Parking Security Systems v. Metropolitan Washington Airports Authority (software/systems) - represented defendant in patent infringement case involving systems for managing large-scale parking areas. Settled favorably.
Southern Mills v. Polartec (fire-resistant fabrics) - representing defendant in patent infringement case involving fire-resistant fabrics.
NICE v. Witness Systems (software/databases/audio analysis) - represented defendant in 10-patent infringement case involving computer software systems used in call centers. Settled after favorable jury trial.
Witness Systems v. NICE (software/audio analysis) - represented plaintiff in patent infringement case involving audio analysis software. Judgment entered on favorable jury verdict.
STS v. Witness Systems (software/VOIP recording) - represented defendant in 3-patent infringement case involving VOIP recording software. Favorable judgment entered after successful bench trial.
Telematics v. Xata, et al. (logistics software/systems) - represented defendant in patent infringement case involving software systems used in the logistics and trucking industries. Case settled favorably.
Freescale Semiconductor v. ST Microelectronics (semiconductors) - Represented semiconductor manufacturer in patent infringement case involving semiconductor technologies. Case settled favorably.
CAPS Logistics, Inc. v. Ratliff, et al. (logistics software) - Defended former officers of software company in arbitration involving alleged misappropriation of software trade secrets and other intellectual property. Favorable judgment entered after successful arbitration.
Tillotson Corp. v. Omni International, LLC, et al. (medical devices/polymers) - Represented defendant in patent infringement litigation involving elastomeric glove technology. Case settled favorably.
Scientific Games International, Inc. v. Oberthur Gaming Technologies Corporation (multi-color printing) - Represented Scientific Games in patent case involving lottery ticket printing technology. Case settled favorably after successful Markman claim construction result.
Go Medical Industries Pty, Ltd. v. C.R. Bard, Inc. (medical devices/catheters) - Represented appellant in successful Federal Circuit appeal of adverse patent invalidity and inequitable conduct judgment in case involving urinary tract catheter technology. Settled favorably after successful appeal.
SI Corporation v. Corillian Corp. (remote banking software) - Represented defendant in patent infringement litigation involving remote banking software technology. Case settled favorably.
Advanced Interactive Systems v. FATS, Inc. (law enforcement simulation systems) - Represented plaintiff in patent infringement litigation concerning interactive law enforcement firearms training system. Case settled favorably.
Dixie Health, Inc. v. Shop at Home, Inc., et al. (broadcasting) - Represented Dixie Health in Lanham Act and unfair competition case. Settled favorably.
Jacor Broadcasting of Atlanta, Inc. v. Infinity Broadcasting Corp., et al. (broadcasting) - Represented Total Traffic Network in action to enjoin on-air traffic reporter from violating covenant not to compete. Case settled favorably.
Lighthouse Sanctuary Youth Foundation, Inc. et al. v. Papanier, et al. (publishing/broadcasting) - Represented international distributor of radio program in copyright infringement and Lanham Act unfair competition litigation filed by book publisher and author. Case settled favorably.
Figleaves, Inc. v. Gazelle, Inc. (Internet retailing) - Represented Figleaves in one of first lawsuits filed under the Anticybersquatting Consumer Protection Act of 1999. Case settled favorably.
Kentec, Inc. v. Allied Fastener and Tool, Inc., et al. (power tools) - Represented Kentec in action to enjoin misappropriation of trade secrets by competitor and former employees. Case settled favorably.
Wolf v. Ramsey (publishing) - Represented book authors in libel litigation. Case settled favorably.
Atlanta Guitar Center, Inc. v. Guitar Center, Inc. and Rhythm City, Inc. (music retailing) - Represented Atlanta Guitar Center in trademark infringement litigation. Case settled favorably.
Jubitz Corp. v. Insight Technology, Inc., et al. (logistics) - Represented Jubitz in action for unfair competition and commercial misappropriation involving piracy of proprietary database of available load and truck information. Case settled favorably.
Haraway v. National Association for Stock Car Auto Racing, Inc., et al. (automotive/aerodynamics) - Represented NASCAR and its safety director in patent infringement litigation over aerodynamic safety device used in stock cars. Case settled favorably.
Enmark Stations, Inc. v. Mansfield Oil Company (fuel retailing) - Represented Enmark Stations in trademark and trade dress infringement action involving the marks "ONMARK" and "ENMARK." Case settled favorably.
Sun Data, Inc. v. Sun Microsystems, Inc. (computer systems) - Represented Sun Data in trademark infringement litigation against Sun Microsystems. Case settled favorably.
Knox v. Prevosti, et al. (medical) - Represented cardiothoracic surgeon in successful jury trial of action for alleged medical malpractice. Judgment entered in favor of client.
AVP, Inc., et al. v. New World Communications of Atlanta, Inc. (broadcasting) - Defended New World Communications in copyright infringement litigation over content of television production commemorating 100 years of University of Georgia football. Judgment entered in favor of client.
Novak v. Cobb County-Kennestone Hospital Authority, et al. (medical/Constitutional law) - Represented physicians in civil rights action arising from court-ordered blood transfusion given to minor child over parents’ religious objections. Case settled after successful appeal.
Classic Weavers, Ltd. v. Couristan, Inc. (textiles/carpet designs) - Represented Classic Weavers in copyright infringement case involving numerous custom commercial carpet designs. Case settled favorably.
Barber v. Gillett Communications of Atlanta, Inc.(broadcasting) - Represented broadcaster in jury trial of television defamation case. Judgment entered for client on successful jury verdict.
Hampshire v. Northlake Regional Medical Center, et al. (medical) - Represented hospital in jury trial of case involving alleged wrongful death and medical malpractice. Judgment entered on favorable jury verdict for client.
Farr v. Medical Center-West, Inc., et al. (medical) - Represented hospital in jury trial of action for alleged malpractice. Case settled favorably after jury verdict.
Brewer v. Rogers, et al. (broadcasting) - Represented television broadcaster in action for defamation and invasion of privacy. Judgment entered for client after successful summary judgment and appeals.
Gillett Communications of Atlanta, Inc. v. Daniel Becker for Congress Committee, et al. (broadcasting) - Represented broadcaster in fast-track injunction litigation against congressional campaign and FCC involving television broadcast rules applicable to candidate advertising. Judgment for client after successful hearing and appeals.
Martin v. Gershon (medical) - represented urologist in case of alleged medical malpractice. Judgment entered for client after favorable jury verdict.
Selected presentations
"The Value of Intellectual Property" (panelist) - Southeast Medical Device Association (SEMDA) (2009).
"Underwater Devices Dries Up: Life After In re Seagate" (moderator) - State Bar of Georgia, Intellectual Property Law Section (2007).
"Patent Trolls and Profiteers: Operating in Today’s Patent Assertion Environment" (panelist) - Intellectual Property Law Institute (2006).
"Bidding for Injunctive Relief After Ebay v. MercExchange" (panelist) - State Bar of Georgia, Intellectual Property Law Section (2006).
"Ethics in IT Litigation," LSI Technology Litigation seminars (2001, 2002, and 2005).
"Litigating Intellectual Property and Entertainment Law Cases" (panelist) - Intellectual Property Law Institute (2002).
"Communicating with Present and Former Employees of Adverse Parties under the New Georgia Rules of Professional Conduct," Technology Law (2002).
"Copyright for Corporate Counsel," American Corporate Counsel Association, Georgia Chapter (2001).
"Navigating Cyberspace: Legal Issues Surrounding E-Business," Small Business Development Conference, DeKalb County Office of Contract Compliance (2000).
"Intellectual Property Issues for Magazines, Newspapers, and Other Publications," Entertainment and Sports Law Section of the State Bar of Georgia (1998).
Bar admissions
Admitted to the bar in the United States District Courts for the Northern and Middle Districts of Georgia, United States District Court for the Eastern District of Texas, the Eleventh and Federal Circuit Courts of Appeal, the United States Supreme Court, and all Georgia trial and appellate courts.
Additional information
Member: State Bar of Georgia - Intellectual Property Section.
Federal Bar Association; National Institute for Trial Advocacy instructor.
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