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Alan L. Barry

Partner
+1.312.807.4438
Fax +1.312.827.8196

Alan L. Barry concentrates his practice on the litigation of intellectual property matters before U.S. district courts and courts of appeals, the International Trade Commission (ITC), the American Arbitration Association and the U.S. Patent and Trademark Office. With more than 30 years of trial experience, Mr. Barry has litigated patent, trademark, trade secret and copyright cases in a wide variety of technical fields including, biotechnology (ANDA, pharmaceutical, medical device, and stem cell-related technologies), robotics, digital cameras and image processing technology, computer-controlled measuring devices, electrical distribution equipment, optoelectronics, food packaging, manufacturing equipment, medical equipment.

Registered to practice before the U.S. Patent and Trademark Office, Mr. Barry focuses on the trial of patent cases before the Federal District Courts and the Patent Trial and Appeal Board. He has jury tried to verdict patent cases in diverse technologies around the United States. Mr. Barry represents complainants and respondents in section 337 intellectual property infringement investigations brought before the ITC, including obtaining a judgment of non-infringement, invalidity, and no domestic industry against Apple.

Mr. Barry also counsels clients on intellectual property strategy, portfolio development, and transactional matters.

Professional Background

Prior to joining K&L Gates, Mr. Barry was a member of the Executive Committee and head of the Intellectual Property Litigation Group for one of the firm's predecessor firms.

Achievements

  • Named Super Lawyer for Illinois in IP Litigation, 2005-2016.

Professional/Civic Activities

  • American Bar Association
  • American Intellectual Property Law Association
  • Barristers of the Patent Law (Patent Jury Trial Lawyers Group)
  • Chicago Bar Association (Former Chairman, Trademark/Copyright Sub-Committee)
  • Intellectual Property Law Association of Chicago

Speaking Engagements

Mr. Barry has lectured for the Chicago Bar Association, the Federal Bar Association, the Indiana Continuing Legal Education Forum, Chicago-Kent College of Law, the Chicagoland Pharmaceutical Discussion Group and the University of Southern California School of Law.
  • Lead trial counsel for Eastman Kodak Company in International Trade Commission case brought by Apple, Inc., involving digital cameras and image processing technology.  The Commission ruled that: (i) Kodak did not infringe either of Apple’s patents; (ii) one patent was invalid; and (iii) Apple lacked the required domestic industry for the ‘other. The Federal Circuit affirmed the Commission.
  • Lead trial counsel for Hexagon Metrology AB in International Trade Commission patent case against Nikon Metrology N.V. involving articulated coordinate measuring arms.  Case favorably settled during discovery.
  • Lead trial counsel for LKQ Corp. in International Trade Commission design patents case brought by Ford Motor Company involving design patents on motor vehicle body parts.  On eve of trial, Ford licensed LKQ as its sole distributor for aftermarket vehicle body parts.
  • Lead appellate counsel for intervenors/appellants in Ford Global Technologies v. International Trade Commission design patents case.  Favorable settlement followed oral argument.
  • Lead amicus curiae counsel for aftermarket automotive industry companies supporting appellee in the Federal Circuit’s en banc rehearing in Egyptian Goddess, Inc. v. Swisa, Inc. design patent case.
  • Co-trial counsel for Baxter International Inc. in patent infringement jury trial (N.D. Cal.) against Fresenius Medical involving hemodialysis machines.  Successful jury verdict resulted in $17 million dollar damage award.
  • Lead trial counsel defending Neuralstem Inc.in a  patent infringement bench trial (D. Md.) involving multiple patents on adult CNS stem cells.  Following trial, the Court dismissed the case ruling the patent owner lacked standing to sue as patents omitted an inventor/co-owner.
  • Counsel before the Patent Trial and Appeal Board in inter partes review (IPR) on behalf of LKQ Corporation in one of the first petitions filed upon implementation of the IPR dispute resolution process. After oral argument, the Patent Trial and Appeal Board found all independent claims unpatentable, a decision affirmed by Federal Circuit in February 2015.
  • Co-trial counsel for Hexagon Metrology, Inc. and TESA SA (N.D. Ill.) defending a patent preliminary injunction motion involving coordinate measuring machines.  Case successfully settled after one week evidentiary hearing.
  • Lead trial counsel for Stratos Lightwave, Inc. in patent infringement jury trial (D. Del.).  After two hours of deliberation, jury returned a verdict of infringement on all 13 asserted claims of 6 patents related to optoelectronic transceivers.
  • Lead trial counsel for Robotic FX, Inc. and Jameel Ahed defending a preliminary injunction matter (D. Mass.) brought by iRobot Corp., alleging theft of trade secrets related to robotic technology.  After a one week evidentiary hearing, the court denied the majority of the relief sought by iRobot.  Case settled thereafter.
  • Lead trial counsel for Cabela’s defending allegations of copyright and trademark infringement and trade secret misappropriation (D. Mont.) involving camo patterns.  Court granted six consecutive summary motions for Cabela’s, resulting in a “walk-away” settlement.
  • Lead trial counsel for Square D Company in trademark counterfeiting jury trial (C.D. Cal.) involving reconditioned commercial circuit breakers.  Jury returned a verdict for Square D after three week trial.  Case favorably settled thereafter.
  • Co-trial counsel for American National Can defending a patent infringement jury trial (S.D. Ind.) involving methods for making can ends.  After three week trial, jury returned a verdict of non-infringement.