Kelly W. Cunningham


Experience: Mr. Cunningham has over 18 years of experience in patent, trademark, and copyright infringement litigation, spanning numerous district courts and appellate courts throughout the country.  He is well-respected by courts and opposing counsel alike for coming up with creative solutions for resolving disputes in his clients’ favor.

Mr. Cunningham is also experienced in all aspects of procurement, analysis, protection, and enforcement of his clients’ intellectual property rights in patent, copyright, trademark, and trade secrets law. He has served clients in countless industries such as technology, medical devices, alternative energy, consumer electronics and entertainment devices, musical instruments, games, gaming, internet content providers, content authors, trademark owners, inventors, and many others.

Mr. Cunningham has created several valuable patents such as various exercise equipment, medical and surgical devices and implements, a dual surface circuit board configuration, an anti-viral composition, casino games, an automatic light switch mechanism for firearms, fuel cell electrolytes, a method to efficiently turn ocean wave energy into electricity, a multi-wavelength-pumped laser, a guitar body, a six-wheeled skateboard, and a piezoelectric printer head.

Recent sampling: secured $368 million jury verdict for a leading Fortune 500 defense and national security company against in patent infringement suit involving secure communications protocol over the internet. Represented defendants in a $31 million patent infringement suit involving formula for healthcare product. Reaching favorable 5-figure settlement for client. Represented defendants in a $200,000 copyright infringement suit involving a popular soccer chant in a Volkswagen commercial, reaching favorable 5-figure settlement for clients. Representing defendants in a multi-million design patent infringement suit involving smartphone case designs, reaching very favorable settlement for client. Wrote for client Walgreens the winning appeal brief from which the Federal Circuit Court of Appeals established the new test that all district courts must use to invalidate design patents, reversing over 25 years of Federal Circuit precedent.

Defended a leading maker of musical instruments in a trademark infringement action. Conducted a copyright and trademark non-infringement and rights of publicity clearance evaluation for a rock band’s music video to clear it for airing on MTV.

Favorably settled a design patent infringement action between our client, one of the worlds largest iPhone case manufacturers, in an action against one of the largest iPhone case manufacturers in the United States.

Worked with members of the House Subcommittee on Intellectual Property Law, as a scientist and an intellectual property lawyer, I helped draft portions of the America Invents Act.

He also creates company-wide intellectual property strategies that maximize client profitability and minimize the chance of encountering the need to engage in litigation or disputes.

Education: Mr. Cunningham holds a B.S. in Materials Science and Engineering from UCLA and J.D. from the UCLA School of Law.

United States Patent and Trademark Office
California Supreme Court
Federal Circuit Court of Appeals
Ninth Circuit Court of Appeals
Central District of California
Northern District of California
Southern District of California
District of Colorado