For nearly two decades, Kenneth Darby has handled complex patent matters across a wide range of forums and technical fields, from high-stakes infringement and validity disputes to prosecution and strategic portfolio development.
Kenneth’s post-grant practice before the Patent Trial and Appeal Board (PTAB) is a core strength. He has served as counsel in more than 100 PTAB proceedings and is often designated lead counsel. Beyond drafting petitions and briefs, Kenneth excels at developing comprehensive case strategies and delivering persuasive oral arguments before the Board. His written and oral advocacy work extends to the appellate level, where he has argued and prevailed in multiple appeals to the U.S. Court of Appeals for the Federal Circuit.
Kenneth pairs this frontline litigation experience with a prosecutor’s eye for how patents are built. He began his legal career as a patent agent before attending law school, and that foundation continues to inform how he counsels clients on portfolio strategy, patent drafting, competitor monitoring, market clearance, and patent marking. Because he knows both how to construct a patent and how patents tend to break under challenge, he is often asked to advise clients and give presentations on drafting patents that hold up in post-grant and other litigation proceedings.
An engineer by training, Kenneth has handled matters spanning various mechanical arts, medical devices, consumer products, semiconductor manufacturing, distributed computing architectures, and even telecommunications. His broader practice also includes IP due diligence, patentability, and freedom-to-operate analyses. He writes and speaks regularly on developments in patent law.
Kenneth is an active participant in the firm’s pro bono program and serves as the pro bono coordinating attorney for the firm’s Austin office. In 2016, he played an instrumental role in a Texas voting rights case, Das and OCA Greater Houston v. State of Texas. Collaborating with the Asian American Legal Defense and Education Fund, his team successfully struck 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 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.
Kenneth graduated with honors in 2015 from the University of Texas at Austin School of Law, where he received the Dean’s Achievement Award in Civil Procedure and Mass Tort Litigation. He received his Bachelor of Science degree in mechanical engineering from the University of Texas at Austin, where he was awarded 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.
