Keith Bryan Smiley

Keith Bryan Smiley is an attorney with experience in patent litigation, primarily representing plaintiffs. His practice, based on tracked cases, has involved litigation related to software and business method patents.

Smiley was counsel for the plaintiff, eDekka LLC, in the case of eDekka LLC v. 3Balls.com, Inc., which involved U.S. Patent No. 6,266,674, concerning methods for storing and labeling information, asserted against online retailers. The District Court for the Eastern District of Texas notably granted motions to dismiss, finding the patent claims were directed to unpatentable subject matter under 35 U.S.C. § 101, consistent with the Alice Corp. v. CLS Bank Int'l decision. The court further declared the case "exceptional" under 35 U.S.C. § 285 and awarded attorneys' fees to the defendants, citing eDekka's "insupportable arguments" and "aggressive strategy" of pursuing nuisance value settlements. This particular outcome underscored a plaintiff-side focus in patent assertion for what was described as a "notorious patent troll".

While listed as counsel with Tadlock Law Firm for the eDekka matter, public records from the State Bar of Texas indicate that Keith Bryan Smiley currently operates a private law practice as a solo attorney. There is no verifiable information indicating regular involvement in PTAB or IPR proceedings.

Mr. Smiley is admitted to practice in Texas, having earned his law degree from Southern Methodist University in December 2008.