Kyle Bradford Fleming

I'll research this attorney before drafting.

Kyle Bradford Fleming — Renner Otto (Cleveland, OH)

Focus areas. Fleming's patent litigation practice is concentrated in mechanical, electromechanical, and consumer-product technologies, with a secondary vein of software/food-industry work. Representative subject matter includes handheld percussive massage devices (the tracked MerchSource v. Hyper Ice matter), virtual reality headsets, ultrasonic utility flow meters, vehicle/freight location tracking, portable power tools and lighting, camera equipment, and food products. He also has ITC Section 337 experience (In re Digital Televisions and Components Thereof, 337-TA-789; In re Blu-Ray Disc Players), and his docket includes at least one pharmaceutical patent appeal (TAP Pharmaceutical Products v. Owl Pharmaceuticals, 419 F.3d 1346 (Fed. Cir. 2005)). His firm bio also lists antitrust, contract/commercial, and trade disputes, so he is not exclusively a patent specialist.

Side preference. The tracked list shows only one appearance — plaintiff side, as counsel of record for MerchSource. That single data point is a thin basis for characterizing his practice, and the broader public docket is genuinely mixed: he has represented patent owners/plaintiffs (MacroPoint in its PTAB and Federal Circuit proceedings; Kamstrup as patent owner) and accused infringers (MerchSource in Dodocase VR v. MerchSource and related matters). This reads as a general commercial-IP litigator who takes both sides rather than a dedicated NPE/PAE prosecutor or a captive defense counsel. Note the tension with the tracked-case count: publicly docketed matters show him on the defense side as well, even though only one appearance is captured in the structured list.

Firm context and notables. He is a partner and co-chair of the litigation group at Renner Otto (Renner, Otto, Boisselle & Sklar LLP), a Cleveland IP boutique, and has been with the firm since 2008. Prior roles include Associate General Counsel, IP at Electrolux North America (2006–07); partner at Baker & Hostetler (1996–2006); associate at Benesch, Friedlander, Coplan & Aronoff; and in-house litigation counsel at Wells Fargo. Verified appellate results include a win for patent-owner client Kamstrup in Apator Miitors ApS v. Kamstrup A/S, 887 F.3d 1293 (Fed. Cir. 2018) (affirming Board's anticipation/obviousness findings), and a Rule 36 affirmance against his client MacroPoint in In re MacroPoint, LLC, No. 2023-1326 (Fed. Cir. June 5, 2024). In Dodocase VR, Inc. v. MerchSource, LLC, 767 F. App'x 930 (Fed. Cir. 2019), he represented MerchSource in the unsuccessful appeal of a preliminary injunction that forced withdrawal of its IPR/PGR petitions based on a license forum-selection clause.

PTAB/IPR. He appears regularly in PTAB proceedings, typically alongside registered practitioner Mark C. Johnson, in matters including the Kamstrup IPRs (e.g., IPR2015-01403, IPR2019-01640), the Ruiz Food Products v. MacroPoint IPRs (IPR2017-02016/02018, for patent owner MacroPoint), and the ex parte reexamination appeal in In re MacroPoint (No. 90/014,474). The Kamstrup power of attorney filed in IPR2019-01640 lists him as seeking pro hac vice admission, which suggests his PTAB role is as litigation counsel rather than a registered patent practitioner — I could not confirm a USPTO registration number for him.

Bar/education. J.D., George Washington University (1993); B.A. Economics, Northwestern University (1988). Admitted in California (1993), Ohio (1995), and New York (2001), with admissions to the Second, Sixth, Ninth, Eleventh, and Federal Circuits and multiple district courts; his firm bio also lists ITC admission.