Wab Kadaba is the Managing Partner of the firm's Atlanta office. He concentrates his practice on litigation related to intellectual property as well as strategy and management of intellectual property and technology issues. Mr. Kadaba has considerable experience representing clients in patent, trademark and trade secret litigation matters, covering technologies as diverse as software, telecommunications, e-commerce, medical devices, footwear and chemical compositions. He is admitted to the United States Patent & Trademark Office. Mr. Kadaba was recognized in The Best Lawyers in America® for Intellectual Property Law in 2012 and the two years immediately preceding. He has been selected as a Georgia "Rising Star" for Intellectual Property and Intellectual Property Litigation by SuperLawyers magazine every year since 2005, and a Georgia "Super Lawyer" in 2011. He is listed in the 2008, 2009, 2010 and 2011 editions of Chambers USA: America's Leading Lawyers for Business as a leading Georgia Intellectual Property lawyer. He was selected as one of the top 15 young Atlanta lawyers "On the Rise" by Fulton County Daily Report in 2007. Mr. Kadaba speaks conversational Japanese and Hindi and has a working knowledge of Spanish. Professional & Community Activities IndUS Entrepreneurs, Member Japan America Society of Georgia, Member Sigma Xi Scientific Research Honor Society, Member State Bar of Georgia, Intellectual Property Section, Chair (2008-2009) The Westminster Schools, Diversity Advisory Council, Member Leadership Atlanta, Class of 2012, Member Fernbank Museum of Natural History, Corporate Leadership Council Industries Manufacturing; Technology & Software; Telecommunications; Fashion & Luxury Goods; Paper & Packaging Experience Orion IP LLC v. Nike Inc., Represented adidas International Marketing B.V. in a patent litigation matter.
Orion IP, LLC v. Nike, Inc., No. 06-102 (E.D. Tex. filed Mar. 16, 2006) and Orion IP, LLC v. Nike, Inc., No. 06-323 (E.D. Tex. filed Mar. 16, 2006). Ronald A. Katz Technology Licensing LLP v. Cox Communications; In re Katz Interactive Call Processing Patent Litigation; Ronald A. Katz Technology Licensing LLP v. EarthLink Inc., Lead counsel on behalf of Cox Communications and EarthLink in a suit filed by Ronald A. Katz Licensing Technology in the U.S. District Court for the Eastern District of Texas. The suit claims patent infringement stemming from our clients' use of automated telephone processing systems. The action was consolidated for pre-trial proceedings with other suits brought by Katz against various other defendants in the Central District of California, with Judge Klausner presiding over discovery and other pre-trial matters.
Ronald A. Katz Tech. Licensing, LLP v. Cox Commc'ns, No. 07-2299 (E.D. Tex. filed April 6, 2007); In re Katz Interactive Call Processing Patent Litig., No. 07-01816 (E.D. Tex. filed July 7, 2008) and Ronald A. Katz Tech. Licensing, LLP v. EarthLink, Inc., No. 07-2235, No. 07-2299 (E.D. Tex. filed April 9, 2007); In re Katz Interactive Call Processing Patent Litig., No. 07-01816 (E.D. Tex. filed July 7, 2008). Taurus IP, LLC v. Chrysler Group and Mercedes-Benz USA, LLC, The firm served as lead counsel on behalf of Chrysler Group and Mercedes-Benz USA LLC in connection with a string of successes in the United States District Court, Western District of Wisconsin and the United States District Court, Eastern District of Texas against related entities Orion, Taurus and ST Sales Tech. The plaintiff entities, who had asserted several patents against Chrysler and Mercedes after a settlement agreement was in place, were put on the defensive when we asserted counterclaims for breach of a previous settlement agreement. The United States District Court, Western District of Wisconsin granted summary judgment for Chrysler and MBUSA finding non-infringement, invalidity and dismissing all the patent-related claims. Later a jury returned a verdict on liability in favor of Chrysler and MBUSA on the breach of contract claims. After a finding that the plaintiff had not acted in good faith, the court then awarded contract damages and legal fees. Related suits were later dismissed. Appeal pending. (Judge Crabb and Judge Davis).
Taurus IP, LLC v. Chrysler, LLC and Mercedes-Benz USA, LLC, No. 07-0158 (W.D. Wis. filed Mar. 20, 2007); Orion IP, LLC v. DaimlerChrysler (E.D. Tex.) and Orion IP, LLC v. MBUSA (E.D. Tex.). Nike Inc. v. adidas America Inc., Lead counsel defending adidas in a patent infringement suit brought by Nike in the Eastern District of Texas related to Nike Shox technology and the use of electronic sensors in shoes. After we obtained a favorable Markman ruling for adidas, Nike stipulated to non-infringement by adidas of the Shox patent. We successfully negotiated a favorable settlement agreement for adidas prior to trial. (Judge Clark).
Nike, Inc. v. adidas America, Inc., et al., 479 F. Supp. 2d 664 (E.D. Tex. 2007). Patent litigation related to estimated arrival times for four major airlines, Successfully represented four major airlines in patent infringement case involving location and estimated time of arrival of vehicles. Although many of the defenses raised were common to all four clients, one airline had a unique system which was conducive to additional non-infringement defenses. We were able to successfully represent all four clients and provide them with the significant benefit of sharing costs associated with the defense. Patent litigation for premier sports, entertainment, and media company, The firm served as lead counsel on behalf of the world's premier and most diversified sports, entertainment, and media company, and co-defendant for infringement of a South Carolina tennis teaching professional's U.S. patent relating to a hybrid tennis court. The patent covers a tennis court having one type of surface (such as grass) on one side of the net and a different surface (such as clay) on the opposite side. The plaintiff sued the client because it promoted a match between the top two tennis players in the world on a half grass-half clay tennis court called Battle of the Surfaces. The problem with the plaintiff's case was the match took place in Spain, which required the tennis court to be in Spain as well. Since she possessed only a U.S. patent, the plaintiff attempted to create new law by alleging that televising the match in the U.S. and the use of images of the court on web sites promoting the match in the U.S. should constitute infringing "use" of the tennis court. Judge Joseph Anderson of the U.S. District Court for the District of South Carolina, Rock Hill Division, disagreed and granted motions in favor of our client to dismiss the complaint. The U.S. Court of Appeals for the Federal Circuit affirmed Judge Anderson's decision. Schoenhaus v. Genesco, Inc., The firm served as lead counsel for Genesco Inc. in defense of patent infringement allegations relating to an orthotic device. Plaintiffs asserted a multi-count complaint involving patent, trade secret, conversion, and unjust enrichment theories concerning shoe insert technology. We successfully secured and defended on appeal a summary judgment of non-infringement.
Schoenhaus v. Genesco, Inc., 351 F. Supp.2d 320 (E.D. Pa. 2005), aff'd 440 F.3d 1354 (Fed. Cir. 2006). Patent portfolio management services for Rock-Tenn Company, Provide comprehensive patent portfolio management services for Rock-Tenn Company. Although historically, the company's main focus has been on packaging, recently a significant emphasis has been placed on development and expanding market share for retail oriented consumer product displays in a separate division within the company. The firm has worked closely with the key technical and business personnel in the new division to form strategies that protect their innovations, control costs and achieve strategic corporate goals. Also, the firm has counseled the company relative to exploration into potential new areas for growth and provided guidance relative to protection of and clearance for crucial elements of new product lines. Patent litigation for one of the world's leading providers of lighting fixtures, Served as lead counsel representing one of the world's leading providers of lighting fixtures in a patent infringement suit against a manufacturer of electrical products and others relating to combination exit and emergency lighting fixtures, as well as in a countersuit against our client related to other lighting products. Though mediation was unsuccessful, we were able to successfully negotiate a very favorable settlement. Patent infringement for an aluminum products fabricator company, Represented plaintiff in patent infringement action relating to forging of automobile parts by extrusion of molten aluminum. The technology at issue involved complex metallurgy and applied heat transfer in conjunction with the manufacturing process. Identifying and evaluating third-party patent rights for a retailer of building supplies, Represented one of the largest retailers of building supply and home improvements products in the country with intellectual property services, identifying and evaluating third-party patent rights, and counseling on freedom to operate in particular product fields. Some of the products we evaluate for the client require identification and review of thousands of potentially relevant patents and we have developed innovative strategies for reviewing these large portfolios of potentially relevant patent rights in a manner that is both reliable and cost effective for the client. Patent infringement litigation involving chemical parts washers for automotive parts, The firm served as lead counsel on behalf of patent owner in patent infringement litigation involving chemical parts washers for automotive parts. The dispute involved ownership issues between the inventor and his employer. The patents were found valid and infringed on pre-trial motions. Belinda Y. Brown v. Georgia-Pacific Corporation Products LLC, The firm serves as lead counsel on behalf of Georgia-Pacific in a qui tam false marking suit filed by Belinda Brown in the United States District Court for the Eastern District of Missouri. The Complaint alleged that Georgia-Pacific falsely marked its Quilted Northern Soft and Strong bath tissue product with expired patent numbers in violation of 35 U.S.C. § 292. We filed a Motion to Dismiss the Complaint on the grounds that the Plaintiff failed to plead its claims, especially with respect to the intent to deceive element, with the particularity required under Rule 9(b) of the Federal Rules of Civil Procedure. The Court agreed and granted the Motion to Dismiss.
Belinda Y. Brown v. Georgia Pacific Corporation, USDC, EDMO, Civil Action No. 4:10-cv-01005-RWS. Furnace Brook LLC v. Thomasville Furniture Industries Inc., The firm served as lead counsel defending Thomasville Furniture Industries, Inc. in a suit filed by Furnace Brook LLC in the U.S. District Court for the Northern District of Illinois. The suit claimed patent infringement stemming from our client's use of on-line ordering systems. Furnace Brook sued thirteen defendants and initially settled with six of those parties. We successfully obtained a summary judgment verdict for our client, dismissing the infringement case against Thomasville under the doctrine of collateral estoppel.
Furnace Brook LLC v. Aeropostale Inc. et al., No. 1:09-cv-04310 (N.D. Ill filed July 17, 2009). *Experience gained by attorney prior to joining Kilpatrick Townsend Publications 27 September 2010, Federal Circuit Says Industry Standards Can Be Used to Show Patent Infringement, Legal Alerts 01 January 2009, Patent Portfolio Creation and Management
Source: Intellectual Property Desk Reference, Other Publications 01 January 2006, Intellectual Asset Management
Source: Intellectual Property Desk Reference, Other Publications 26 April 2005, Playing Trademark Catch-up
Source: IAM Magazine, Articles News 18 October 2011, Kilpatrick Townsend Partner Wab Kadaba Elected to Board of Trustees of Fernbank Museum of Natural History, News Releases 06 September 2011, Kilpatrick Townsend Earns Record-Breaking Recognition in Annual Best Lawyers in America 2012, News Releases 21 June 2011, Kilpatrick Townsend Hosts State Bar of Georgia Diversity Programs' 15th Annual Summer Associates & Judiciary Reception, News Releases 13 June 2011, Kilpatrick Townsend Again Earns Highest Recognition From CHAMBERS USA 2011, News Releases 24 May 2011, Kilpatrick Townsend Partner Wab Kadaba Selected to 2012 Class of Leadership Atlanta, News Releases 21 April 2011, Kilpatrick Townsend's Wab Kadaba to Serve as Featured Speaker at Seventh Annual Intellectual Property Springposium, News Releases 22 March 2011, Kilpatrick Townsend Names Wab Kadaba New Atlanta Office Managing Partner, News Releases 02 March 2011, Kilpatrick Townsend Once Again Achieves Top Recognition in 2011 Georgia Super Lawyers, News Releases 14 December 2010, Kilpatrick Stockton's Wab Kadaba and Townsend and Townsend and Crew's Ted Herhold Speak at 11th Annual Silicon Valley Advance Patent Law Institute, News Releases 12 August 2010, Kilpatrick Stockton Earns Record-Breaking Recognition in Annual Best Lawyers in America 2011, News Releases 21 June 2010, Kilpatrick Stockton Earns National Ranking from Chambers USA 2010 in Intellectual Property: Trademark, Copyright & Trade Secrets, News Releases 21 June 2010, Kilpatrick Stockton Again Named Top Firm in Georgia for Intellectual Property by Chambers USA 2010, News Releases 14 June 2010, Kilpatrick Stockton Again Earns Highest Recognition From CHAMBERS USA 2010, News Releases 04 March 2010, Kilpatrick Stockton Ranked Number One in Five 2010 Georgia Super Lawyer Categories, News Releases 11 January 2010, Kilpatrick Stockton Partner Wab Kadaba Named One of Nation's Leading Law Firm Rainmakers, News Releases 04 August 2009, Kilpatrick Stockton Earns Record-Breaking Recognition in Annual Best Lawyers in America 2010, News Releases 15 June 2009, Kilpatrick Stockton Once Again Earns Highest Recognition From Chambers USA, News Releases 02 March 2009, Kilpatrick Stockton Attorneys Named 2009 Georgia "Rising Stars" by Georgia Super Lawyers, News Releases Events 29 April 2011, Patent False Marking, Events 09 December 2010, Alternative Fee Arrangements and Cost Control: Bidding for Cases, Events 13 November 2009, Licensing and Litigating in a Post Quanta World, Events 09 November 2009, Anatomy of a Patent, Events |