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About Ken

Kenneth Darby is a principal in the Austin office of Fish & Richardson P.C.  Mr. Darby’s practice is largely focused on AIA post-grant proceedings at the Patent Trial and Appeal Board (PTAB), where he has successfully represented both patent owners and petitioners.  In addition to petition and brief drafting in these proceedings, Kenneth has presented oral arguments before the PTAB, and he specializes in developing high-level case strategies and legal theories for his clients. Mr. Darby also has experience pursuing and defending appeals of PTAB decisions at the U.S. Court of Appeals for the Federal Circuit.

Beyond the substantial post-grant aspect, Mr. Darby’s practice includes intellectual property (IP) portfolio assessment and strategy, IP due diligence, patent drafting, patent prosecution and appeals to the PTAB, patentability and freedom-to-operate searches, and civil litigation.  Mr. Darby is also a content contributor for events, press releases, and publications produced by Fish & Richardson.

Mr. Darby is an active participant in Fish & Richardson’s pro bono program. In 2016, he played an instrumental role in a Texas voting rights case, Das and OCA Greater Houston v. State of Texas, as a member of the team that collaborated with the Asian American Legal Defense and Education Fund to strike down a Texas election law that violated the federal Voting Rights Act. In addition to spearheading motions briefing on the merits, Kenneth delivered an opening statement at the U.S. District Court for the Western District of Texas in Austin that, according to Judge Robert Pitman, “was on par with some of the strongest oral advocates that come before the Court.”  Kenneth also participated in the appellate briefing and appeared before the U.S. Court of Appeals for the Fifth Circuit, which largely affirmed the decision.

In 2015, Mr. Darby graduated with honors from the University of Texas at Austin where he received the dean’s achievement award in civil procedure and mass tort litigation.  Mr. Darby received his Bachelor of Science degree in mechanical engineering from the University of Texas at Austin where he received the John W. Hargis Endowed Presidential Scholarship in Engineering and the ExxonMobil Diversity Scholarship. As a student, he was accepted into the University of Texas Emerging Scholars Program and served as a peer tutor with the Equal Opportunity in Engineering organization. Mr. Darby also worked consecutive terms as an engineering intern for Austin Energy, with a focus in power production. His duties included the preparation of technical feasibility reports and the virtual construction of thermodynamic models representing power generating components.

 Speaking Engagements

Speaker, UT Law 24th Annual Advanced Patent Law Institute, November 7, 2019.

Speaker, Updates to the AIA Trial Practice Guide, Fish Post-Grant for Practitioners Webinar, August 11, 2019.

Speaker, NHK, Valve, and Discretionary Denials, Fish Post-Grant for Practitioners Webinar, June 12, 2019.

Publications

PTAB Publishes Update to AIA Trial Practice Guide, author, Fish Post-Grant News, July 19, 2019.

“Navigating Uncertainty — Addressing Purely Functional Claim Limitations in A PostWilliamson World with Ongoing PTAB Climate Change,” PTAB Bar Association Journal (June 4, 2019).

Class Action Suit Argues that IPR is an Unconstitutional Taking, author, Fish Post-Grant News, September 24, 2018.

Implications of Oil States Energy Services, LLC v. Greene’s Energy Group, LLC and SAS Institute, Inc. v. Iancu, author, Fish Post-Grant News, May 9, 2018.

Floodbarrier Inc. v. ILC Dover LP, IPR Case No. IPR2019-01543

Snap Inc. v. BlackBerry Ltd., IPR Case No. IPR2019-00715

Mylan Pharmaceuticals Inc. v. Sanofi-Aventis Deutschland GMBH, IPR Case No. IPR2019-01657

Mylan Pharmaceuticals Inc. v. Sanofi-Aventis Deutschland GMBH, IPR Case No. IPR2019-01658

Cigna Health and Life Insurance Co., IPR Case No. IPR2020-00924

General Electric Co. v. Raytheon Technologies Corp., IPR Case No. IPR2020-00346

Assa Abloy AB v. Unikey Technologies Inc., IPR Case No. IPR2016-00679

Unikey Technologies Inc. v. Assa Abloy AB, IPR Case No. IPR2016-00686

FMC Technologies Inc v. OneSubsea IP UK Ltd., IPR Case No IPR2016-00495

FMC Technologies Inc v. OneSubsea IP UK Ltd., IPR Case No IPR2016-00467

The Heil Co. v. Advanced Custom Engineered Systems & Equipment Co., IPR Case No. IPR2018-00139

FMC Technologies Inc. v. OneSubsea IP UK Ltd., IPR Case No. IPR2016-00378

FMC Technologies Inc. v. OneSubsea IP UK Ltd., IPR Case No. IPR2016-00328

Google LLC v. Uniloc USA Inc., IPR Case No. IPR2017-02082

Google LLC v. Uniloc USA Inc., IPR Case No. IPR2017-02085

Google LLC v. Uniloc USA Inc., IPR Case No. IPR2017-02083

Google LLC v. Uniloc USA Inc., IPR Case No. IPR2017-02084

Spectrum Brands Inc. v. Assa Abloy AB, IPR Case No. IPR2015-01562

Leapfrog Product Development LLC v. Lifefactory Inc., IPR Case No. IPR2015-00614

Samsung Electronics Co. Ltd. v. Immersion Corp., IPR Case No. IPR2018-01467

Samsung Electronics Co. Ltd. v. Immersion Corp., IPR Case No. IPR2018-01468

Samsung Electronics Co. Ltd., et al. v. Personalized Media Communications LLC, IPR Case No. IPR2017-00292

General Electric Co. v. United Technologies Corp., IPR Case No. IPR2017-00522

General Electric Co. v. United Technologies Corp., IPR Case No. IPR2017-01096

General Electric Co. v. United Technologies Corp., IPR Case No. IPR2017-01097

General Electric Co. v. United Technologies Corp., IPR Case No. IPR2018-01171

General Electric Co. v. United Technologies Corp., IPR Case No. IPR2018-01172

General Electric Co. v. United Technologies Corp., IPR Case No. IPR2018-01442

Plaid Technologies Inc. v. Yodlee Inc., CBM Case No. CBM2016-00082

Plaid Technologies Inc. v. Yodlee Inc., CBM Case No. CBM2016-00089

Plaid Technologies Inc. v. Yodlee Inc., CBM Case No. CBM2016-00088

Plaid Technologies Inc. v. Yodlee Inc., CBM Case No. CBM2016-00070

Plaid Technologies Inc. v. Yodlee Inc., CBM Case No. CBM2016-00056

Apple Inc. v. Qualcomm Inc., IPR Case No. IPR2018-01277

Apple Inc. v. Qualcomm Inc., IPR Case No. IPR2018-01278

Facebook Inc., et al. v. BlackBerry Ltd., IPR Case No. IPR2019-00787

Intuitive Surgical Inc. v. Ethicon LLC, IPR Case No. IPR2019-00880

Mylan Pharmaceuticals Inc. v. Sanofi-Aventis Deutschland GMBH, IPR Case No. IPR2018-01679

Mylan Pharmaceuticals Inc. v. Sanofi-Aventis Deutschland GMBH, IPR Case No. IPR2018-01680

Mylan Pharmaceuticals Inc. v. Sanofi-Aventis Deutschland GMBH, IPR Case No. IPR2018-01682

Metaswitch Networks Ltd. v. Ribbon Communications Operating Co. Inc., IPR Case No. IPR2019-00796

Metaswitch Networks Ltd. v. Ribbon Communications Operating Co. Inc., IPR Case No. IPR2019-00795

General Electric Co. v. United Technologies Corp., IPR Case No. IPR2019-00212

General Electric Co. v. United Technologies Corp., IPR Case No. IPR2019-00213

Named to the “Best Lawyers: Ones to Watch” list by The Best Lawyers in America© (2021).

Focus Areas
Education

J.D., University of Texas at Austin (2015) ​Dean’s Achievement award in civil procedure and mass tort litigation​


B.S., Mechanical Engineering, University of Texas at Austin (2008)

Admissions
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. District Court for the Western District of Texas
  • U.S. Patent and Trademark Office 2009
  • Texas 2015

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