Patent litigation attorney

Alan Kellman

2 tracked appearances — 1 plaintiff · 1 defendant.

Specialty & background

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Alan S. Kellman — Desmarais LLP (New York)

Specialty / focus. Kellman's practice is centered on trial-level patent infringement litigation, with additional work in trade secret, antitrust, and unfair competition disputes. His firm bio describes a broad technical docket rather than a single niche: pharmaceuticals and surgical/medical devices, network switching and telecommunications equipment, LAN/WAN, digital signal processing, digital audio and video coding, cellular telephony, personal computers, digital watermarking, semiconductor processing, microprocessor design, lottery networking systems, and remote surgical robotics. Third-party rankings (IAM Patent 1000, IP Stars) list patent litigation and patent strategy/counseling, with industry sectors spanning telecommunications, electronics/electrical, computer technology, medical devices, biotechnology, and pharmaceuticals. Notably, the tracked case list here contains no Wi-Fi/standard-essential-patent matter for him — his standards-adjacent work has been in audio/video coding and cellular/mobile device technology, not 802.11.

Side preference. He works both sides, which is consistent with the tracked tally (1 plaintiff, 1 defendant). His representative-matter list shows plaintiff-side work for patent owners and NPE-type entities — Intellectual Ventures (against Canon, Nikon, and Olympus), Oasis Research (online backup/SaaS), Walker Digital (lottery systems), and IBM (supercomputing) — alongside defense and complainant work for large operating companies such as Nokia (ITC action against HTC), GlaxoSmithKline, and LifeCell. He is not a dedicated NPE-side advocate or a dedicated corporate-defense specialist; the pattern is a trial lawyer retained by whoever holds or faces the asserted patents.

Firm context. Kellman is a partner at Desmarais LLP and one of the firm's original partners, leaving Kirkland & Ellis in 2010 with John Desmarais and Michael Stadnick to found the firm. Before that he spent roughly a decade at Kirkland & Ellis, where he made partner in 2005. He is based in New York. There is no indication of in-house or government service.

Notable cases, PTAB, and credentials. The most prominent tracked matter is Unified Patents v. Intellectual Ventures II LLC, where he appeared for the patent owner (defendant side) — a PTAB/IPR challenge brought by the Unified Patents defensive aggregator rather than a district court case. Public filings confirm he has served as lead or back-up counsel in multiple Intellectual Ventures II IPRs (e.g., IPR2017-00741, IPR2017-02028, and a 2022 proceeding where Theodoros Konstantakopoulos was lead and Kellman back-up), so he does appear in PTAB proceedings, chiefly defending patent owners rather than petitioning. On the district court side, his firm bio lists the Alcatel-Lucent multi-patent litigation against Microsoft, Dell, and Gateway (perceptual audio coding, video compression, user interfaces, communications protocols); that family produced a February 2007 $1.538 billion jury verdict — then the largest patent verdict in history — which the district court set aside in August 2007, with the Federal Circuit affirming in September 2008. Press coverage of that trial credits John Desmarais as Alcatel-Lucent's lead trial counsel; I could not independently verify Kellman's specific role in it or the outcomes of most other listed representations (Nokia/HTC ITC No. 337-TA-847, GSK/Genentech, GSK/Apotex, LifeCell/TELA Bio, Walker Digital, Oasis Research). Those should be treated as firm-reported representations, not confirmed results. The remaining tracked case is an untitled plaintiff-side matter in which he is listed as counsel; it cannot be identified from available sources.

Bar / education. Admitted in New York (2000); registered to practice before the USPTO (Reg. No. 46,822); admitted to the Southern and Eastern Districts of New York and the Federal Circuit. Harvard Law School, J.D. 1999 (cum laude; Editor-in-Chief, Harvard Journal of Law & Technology); University of Pennsylvania, B.S.E. in Systems Engineering, 1996 (summa cum laude).

Caveat: the structured appearance data for this attorney is thin (two tracked matters, one unnamed), so the practice description above leans heavily on his firm biography and third-party ranking profiles, which are self-reported.

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Cases (2)