His extensive patent infringement work encompasses a variety of technology areas, including automotive technology, software, medical devices, consumer products, mechanical devices video compression, telecommunications, commercial diving equipment, autonomous vehicles, solar energy, home automation systems, 3D printing, and cycling technology.
Mr. Zelkind also has significant experience assisting clients with protecting their trade secrets and propriety information in connection with departures of employees or groups of employees, as well as other matters related to the Defend Trade Secrets Acts of 2016 (DTSA). He regularly counsels clients on legal strategies that align with their business objectives, be it guidance during high-stakes, bet-the-company litigation or proactive tactics that ensure the clients’ current and long-term goals are considered and maintained.
Mr. Zelkind represents clients in federal courts and jury trials throughout the United States, with a particular focus on California, Delaware and Texas. He has an extensive appellate practice and has presented numerous oral arguments to the United States Court of Appeals for the Federal Circuit. Mr. Zelkind also has experience with patent infringement proceedings and nullity actions in Europe.
He lectures frequently on intellectual property litigation subjects and is a former lawyer representative to the United States District Court of the Southern District of California.
Mr. Zelkind is recognized by his peers for inclusion in the San Diego Super Lawyers list in the field of IP Litigation every year since 2009. He has been selected to the several consecutive editions of The Best Lawyers in America for his work in Copyright Law and Patent Litigation.
Mr. Zelkind is a 1994 graduate of DePaul University College of Law and a graduate of the University of Minnesota (B.S., Aerospace Engineering & Mechanics). He is fluent in Russian.
•Duane Morris LLP
- Partner, 2018-present
•Knobbe, Martens, Olson & Bear LLP
- Partner, 2008-2018
- Of Counsel, 2005-2007
•Zelkind & Shackleford LLP
- Co-founder and Managing Partner, 2002-2005
- Lead Litigation and Trial Counsel, 2000-2002
•Kinney & Lange PA
- Associate, 1994-2000
•Cardiac Pacemakers Inc.
- Research Assistant, 1989-1990
Honors and Awards
•Listed in U.S. News/Best Lawyers The Best Lawyers in America, 2014-2019
•Listed in San Diego Super Lawyers for Intellectual Property Litigation, 2009-2018
•Listed in San Diego Daily Transcript’s Top Attorney List for Intellectual Property Litigation
•Quoted, Inside Track: While the CEO Is Away Going Rogue Lawyers Suing Their Lawyers, Corporate Counsel, March 21, 2018
•Co-Author, Where Plaintiffs Are Filing Suit Post-TC Heartland, Law360, July 7, 2017
•Co-Author, The Defend Trade Secrets Act - A Year In Review, Law360, May 10, 2017
•Author, Trade Secret Bill Boosts Protection, EE Times, April 28, 2016
•Contributing Author, United States Chapter, Trade Secret Protection: A Global Guide, published by Global Law and Business, January 2016
•Co-Author, Recent Trends and Developments in Trade Secret Litigation, Minnesota Institute Legal Education, Intellectual Property Litigation Course 1999
•Co-Author, Intellectual Property for Business Lawyers, West Group, 1996
•Co-Author, Distinctive Characteristics of Excel VR Rate Adaptive Pacemaker with an Innovative Activity Sensor, Pacing And Clinical Electrophysiology, Vol. 13, No. 9, 1990
Selected Speaking Engagements
•Presenter, Star Athletica - The Supremes Weigh in on Copyrightability of Surface Decorations on Useful Articles,v State Bar of California Webinar, May 31, 2017
•Panelist, Let's Get Real: How Original Design Makes Business Better, Workshop sponsored by California Lawyers for the Arts and Be Originals America, March 29, 2017
•Presenter, Intro to IP: Basics of Patents, Trademarks and Trade Secrets, Knobbe Martens Seminar, July 28, 2016
•Presenter, The Current State of Trade Secret Law and How the New Federal Statute Will Shape the Landscape, SanDiego Intellectual Property Law Association, May 19, 2016
•Moderator, Recent Trends in Obviousness, ACC-SD Intellectual Property Roundtable, October 15, 2013
•Presenter, Developing Your Initial Patent Litigation Case Strategy, Knobbe Martens' IP Impact 2011 Seminar, San Diego, August 15, 2011
•Presenter, Recent Developments in US Patent Law and Practice, TECH IP 2011 Seminar, Auckland, Sidney and Melbourne, March 14-17, 2011
•Presenter, CPA Expert Witnesses - What Attorneys Expect, CalCPA seminar, July 22, 2010
• 2010 Amendments to the Federal Rules of Civil Procedure, January 26, 2010
•Presenter and Moderator, ebay v. MercExchange and Other Developments in the Supreme Court, ACCA IP Practice Group Roundtable, June 2006
•Presenter, How To Present a Successful Appeal to the Federal Circuit, 2006 Joint OCPLA/SDIPLA Meeting, Carlsbad, California, March 24-26, 2006
•Presenter and Moderator, Claim Construction in Light of Phillips and Other Developments at the Federal Circuit, ACCA IP Practice Group Roundtable, March 2006
•American Bar Association
- Patent Litigation Committee
- Trade Secrets Litigation Committee
•San Diego Intellectual Property Law Association
- Past President
•Association of Business Trial Lawyers San Diego
- Board of Governors
- Chair, Sponsor Relations Committee
•U.S. District Court of the Southern District of California
- Former Lawyer Representative
•Association for Unmanned Vehicle Systems International, Silicon Valley Chapter
•Association of Corporate Counsel, San Diego Chapter
- IP Roundtable Group Sponsor