Kimberly A. Warshawsky

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Kimberly A. Warshawsky — patent litigation summary

Ms. Warshawsky is an IP litigator whose practice centers on patent, trademark, and trade-secret litigation and software-license disputes. Firm and directory descriptions of her practice list mechanical patents, design patents, internet- and computer-related patents, and biochemical patents among the technologies she handles, alongside trademark enforcement and UDRP/cybersquatting matters. Her tracked patent docket is small (two appearances) and centers on consumer-products/eyewear patents; additional patent work in the public record involves computer- and internet-implemented business-method patents.

Side preference. The tracked data shows one plaintiff-side and one defendant-side appearance, and the broader record is genuinely mixed. She has acted for patent owners (e.g., Aspex Eyewear as plaintiff in the Altair litigation, and a 2009 Arizona patent suit as plaintiff) and for accused infringers (co-lead trial counsel for GoDaddy.com in WhitServe LLC v. GoDaddy.com, Inc., and counsel for DHL Express in a D. Del. matter). There is no indication she is an NPE/PAE-focused filer; her practice reads as general commercial IP litigation rather than a one-sided patent-monetization shop.

Firm context and notable matters. She is currently a partner at Ballard Spahr LLP in Phoenix, where she joined in May 2013 and serves in the firm's Intellectual Property Department (and, per firm bio materials, leads its Trademarks and Copyrights groups). She came to Ballard Spahr from the Phoenix office of Greenberg Traurig LLP, where she was a shareholder — the firm of record on both tracked cases. In the eyewear dispute she served as appellate counsel for Aspex Eyewear in the Federal Circuit appeal (No. 12-1102, 484 F. App'x 565 (Fed. Cir. 2012)); that appeal followed a Federal Circuit ruling affirming summary judgment of non-infringement on the '811 and '896 patents, and the later appeal resulted in affirmance of the district court's holding that the asserted '054 claim was invalid for obviousness. The same patents were later held to collaterally estop Aspex in Aspex Eyewear, Inc. v. Zenni Optical Inc., 713 F.3d 1377 (Fed. Cir. 2013), a case in which she does not appear as counsel. In WhitServe v. GoDaddy, where she was co-lead trial counsel for the defendant, the court denied GoDaddy's summary-judgment motions and the case settled before trial; the asserted WhitServe patents were subsequently invalidated under § 101 in later litigation against other defendants.

PTAB/IPR experience. Her verifiable PTAB activity consists of pro hac vice appearances as backup counsel for petitioner GoDaddy.com in covered business method reviews (CBM2014-00188, CBM2015-00066, CBM2015-00072), where lead counsel were registered practitioners. There is no public indication of a regular IPR/PGR practice or of her serving as lead/registered counsel in AIA trials; that should be characterized as CBM-adjacent rather than a demonstrated IPR specialty.

Bar/education. Admitted in Arizona (2002) and Nevada; admitted to the Federal Circuit, the District of Arizona, the District of Nevada, and the Eastern District of Texas; J.D., University of Arizona James E. Rogers College of Law (2002). (Some firm-bio details and her role in any Ameranth-related patent matters could not be fully verified within this review and are omitted rather than stated on assumption.)