Randy Kay focuses his practice on trade secret and patent disputes, concentrating on representing technology, telecom, biotech, and medical device companies. He has secured multimillion dollar recoveries for intellectual property owners as plaintiffs and has won many summary judgments and defense victories at trial.
Randy has handled more than 30 trials and arbitrations including patent trials in California, New York, and at the International Trade Commission. He recently won a Federal Circuit affirmance of summary judgment of noninfringement in a biotech patent infringement case for a regenerative medicine company. The appellate court affirmed the Markman claim construction and summary judgment of noninfringement on the competitor's assertion of two patents claiming cell culture methods.
Randy has handled intellectual property disputes involving semiconductors, software, telecommunications, infusion pumps, light emitting diodes, solar technologies, cell culture methods, food products, and printer technologies. In 2009 he served as an expert witness on trade secret litigation in a Los Angeles Superior Court jury trial.
Randy is co-editor/author of the treatise Trade Secret Litigation and Protection in California, published by the State Bar of California in 2014. He serves on the Patent Advisory Committee and the Standing Committee on Discipline for the Southern District of California federal court and the Advisory Board to the San Diego Chapter of the Federal Bar Association. Randy is a founding master of the J. Clifford Wallace Chapter of the American Inns of Court. He is a frequent speaker and thought leader on trade secret litigation.
Histogen wins Federal Circuit appeal in biotech patent dispute
The Nielsen Company obtains preliminary injunction
Hughes secures trade secret lawsuit victory
Honors & Distinctions
Top Intellectual Property Litigators in California, Los Angeles/San Francisco Daily Journal (2012-2014)
Top 50 Under 45 Intellectual Property Lawyers in United States, IP Law & Business (2008)
Top Attorney Emeritus and San Diego's Top Attorneys in Intellectual Property Litigation, San Diego Daily Transcript (2008-2014)
San Diego Super Lawyers (2007-2014)
Best Lawyers in America (2006-2015), including 2013 Lawyer of the Year for Intellectual Property Law, San Diego