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Kirby Drake Law

1 case appearance — 0 as plaintiff counsel · 1 as defendant counsel.

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Further reading

Declaratory judgment actions: when to flip the table on a patent troll
The patent holder is the one with the patent. They're not always the one who gets to pick the courtroom.
Non-Practicing Entity (NPE) lawsuit defense: a defendant's playbook
Defending an NPE suit is different from defending a competitor's suit. The asymmetries cut both ways — and the right plays exploit the ones that favor the defendant.
§ 285 attorney-fee shifting in practice
§ 285 isn't a guaranteed remedy. It's a high-effort, high-evidence tool that pays off occasionally and dramatically — turning a $3M defense expense into a $3M plaintiff bill.
Prior art and § 102 novelty
Most issued patents have anticipating prior art that the examiner missed. The work is finding it and proving the date.
KSR International v. Teleflex (2007)
Pre-KSR, an obviousness rejection required explicit teaching, suggestion, or motivation in the prior art. Post-KSR, common sense, design needs, and predictable variations all do the work — and most patents don't survive.