Vanderbilt University, B.A., 1984
University of Toledo, J.D., Cum laude; Order of the Coif, 1987
Dallas and American Bar Associations; State Bar of Texas (Past Chairman, Intellectual Property Litigation Section); DFW Patent Association.
Mr. Kennedy began his career in 1988 with the honor of serving as one of two judicial clerks for The Honorable J. Craig Wright of the Ohio Supreme Court. This unique opportunity trained Mr. Kennedy to evaluate cases from the other side of the bench, exposing Mr. Kennedy to different writing styles and arguments of attorneys and how Supreme Court Judges evaluate cases. Over four different decades of legal practice, Mr. Kennedy unremittingly imposes on himself the standard of analysis required during his judicial clerkship as he represents clients in the private sector.
Starting in 1988, Mr. Kennedy has successfully represented clients in high profile copyright infringement cases, high-tech patent infringement cases, copyright misuse, patent-antitrust, intellectual property transactions, FINRA arbitration and employment litigation matters. He has specific experience in litigating:
Patent infringement and related antitrust actions involving surveillance technology, medical devices, lasers, semiconductors, photography equipment and chemical compounds;
Copyright cases involving software, architectural drawings, photography, paintings, silversmith artwork and literary works such as television pilot scripts. He has litigated cases involving rights to a publication licensing agreement and is handling on-going litigation involving screen writer and literary works;
Trademark infringement such as Lanham Act disputes, standard trademark infringement, trademark opposition proceedings and general trademark registration;
Trade secret representations including both transactional and litigation matters involving confidentiality agreements and nondisclosure agreements;
Theft of trade secret cases in software cases, metallurgy, dental practice techniques, use of lasers, client prospects, business contacts and other business enterprise trade secrets;
Right of publicity cases, including representing a popular recording artist, an international fashion model, a nationally syndicated talk show host and a reality TV star;
Digital Millennium Copyright Act (DMCA) matters involving digital rights management, circumvention litigation, takedown notices, online liability limitation and Computer Maintenance Competition Act matters;
Business Litigation cases involving shareholder disputes, FINRA arbitration cases, whistleblower litigation, SOX claims, legal malpractice cases, AAA arbitration matters. Mr. Kennedy has represented banks in lender liability cases throughout his career.
American Bar Foundation; American Fallen Warriors Foundation.
3rd Eye Surveillance v. United States (Court of Federal Claims - ongoing)(patent infringement); 3rd Eye Surveillance v. e-Watch (E.D. Tex. - ongoing)(patent case); 3rd Eye v. Stealth (E.D. Tex. - 2014)(patent infringement); 3rd Eye Surveillance v.Cities of Frisco, Addison Irving, Austin, Fort Worth (E.D. Tex. - 2014)(patent infringement litigation); Karen Dillard's College Prep LP v. KD Studio (E.D. Tex. - 2014)(obtained jury finding of trademark infringement, willful infringement and permanent injunction); Commerce Street Capital v. Pate, (N.D. Tex - 2015)(represented plaintiff in dispute concerning investment banking contract); Mart v. Berkshire Hathaway, (N.D. of Indiana - 2012) (representing plaintiff against former employer and others alleging claims under the Sarbanes-Oxley Act of 2002); Francesca Collections Boutique, Inc. v. Francesca Molina, (D. Colorado - 2012) (Represented defendant in trademark infringement case and successfully protected client's common law rights to trademark); Donald Hugh Henley v. Dillards Department Stores, 46 F. Supp.2d 587 (N.D. Tex. 1999) (represented recording artist Don Henley in a right of publicity case and obtained summary judgment in favor of client); Clark v. Dillards Department Stores, (N.D. Tex. 2012)(representing model in right of publicity case - still pending); Spent v. Montana Silversmiths, et al (W.D. Tex. 2012)(represented artist in actions for copyright infringement against several silversmiths and obtained summary judgment against each defendant, resulting in favorable settlements); Mart v. ESPN et al (S.D. Cal. 2010) (represented artist in actions for copyright infringement against several international media companies and, after filing motions for summary judgment, obtained favorable settlements); ChemCal, Inc., et al v. Delta Water Technologies (N.D. Tex. 2011)(represented defendant in patent infringement case and successfully challenged patent validity which resulted in favorable settlement); Independent Capital Management, LLC v. Collins, 261 S.W.3d 792 (Dallas App. - 2009) (reversing a preliminary injunction); MGE UPS Systems, Inc. v. Titan Specialized Services, Inc., et. al., slip op., No. 3:04- 0231 (M.D.Tenn., December 8, 2006) (court awards contempt penalties of $27 Million for violation of injunction); MGE UPS Systems, Inc. v. Fakouri Electrical Engineering, Inc., 422 F. Supp.2nd. 724 (N.D. Tex. 2006) (opinion of Judge Means on summary judgment motions in copyright infringement case); Kirsch v. Uncle Julio's Corp. et. al., slip op., No. 3:02-CV-1583-K (N.D. Tex, 2003) (after obtaining defense verdict in architectural copyright infringement case, court awarded $737,000 in attorneys' fees and expenses to defendant); PMI Photomagic v. Foto Fantasy, 60 Fed.Appx. 319, 2003 WL 722181 (Fed.Cir. 2003) (representing PMI Photomagic in successful patent appeal); KIS, S.A. et. al. v. Foto Fantasy, Inc., et al., 204 F. Supp.2d 968 (N.D. Tex. 2001) (representing KIS, S.A.); Image Dynamics et. al. v. Foto Fantasy, Inc., et al., 240 F. Supp.2d 608 (N.D. Tex. 2002) (representing Image Dynamics); Service Asset Management Co. v. Hibernia Corp. 80 F.Supp.2d 626 (E.D. Tex. 2000) (representing Service Asset Management Company) 5; Hampton Hardware, Inc. v. Cotter & Co., Inc., 156 F.R.D. 630 (N.D. Tex. 1994); Texas Instruments Incorporated v. Cypress Semiconductor, et. al., 39 U.S.P.Q.2d 1481 (N.D. Tex.1995).
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