practice areas

honors + affiliations

Member, Litigation Committee of the Intellectual Property Owners Association

Member, American Intellectual Property Law Association

Member, Enforcement Committee, International Trademark Association

bar admissions

District of Columbia
Pennsylvania
New York

Court Admissions

U.S. Courts of Appeals for the Third, Sixth, and Federal Circuits
U.S. District Court for the Eastern District of Pennsylvania
the U.S. District Courts for the Southern, Eastern, and Western Districts of New York
U.S. District Court for the Northern District of Indiana
U.S. District Court for the Northern District of Indiana

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J. Kevin Fee
Partner

v-card

Email: jkfee@morganlewis.com

Washington, D.C.: 1111 Pennsylvania Ave., NW
Washington, DC 20004-2541
Phone: 202.739.5353
Fax: 202.739.3001

Philadelphia: 1701 Market St.
Philadelphia, PA 19103-2921
Phone: 215.963.5126
Fax: 215.963.5001

J. Kevin Fee is a partner in Morgan Lewis's Intellectual Property and Litigation Practices. Mr. Fee represents clients in a wide array of intellectual property litigation, including patent, trademark, copyright, and misappropriation of trade secret litigation.

Mr. Fee represents patent litigation clients in the medical device, financial services, computer hardware, software, communications, consumer products, chemical, and manufacturing industries.

Mr. Fee also has a track record of success in trademark litigation on behalf of financial institutions, medical device and pharmaceutical companies, consumer products manufacturers, Internet companies, and food and beverage companies.

Mr. Fee is a member of the Litigation Committee of the Intellectual Property Owners Association and the Patent Litigation and Trademark Litigation Committees of the American Intellectual Property Law Association.

Mr. Fee is admitted to practice in the District of Columbia, Pennsylvania, and New York and before the U.S. Courts of Appeals for the Third, Sixth, and Federal Circuits, the U.S. District Courts for the Southern, Eastern, and Western Districts of New York, the U.S. District Court for the Eastern District of Pennsylvania, and the U.S. District Court for the Northern District of Indiana.

Selected Representations

Patent Litigation

In re Papst Licensing GmbH & Co. KG Litigation, 250 F.R.D. 55 (D.D.C. 2008) (granting Casio's motion for sanctions and holding that Papst's objections, including attorney-client privilege and work product, are waived), mandamus denied by 314 Fed. Appx. 295 (Fed. Cir. Aug. 5, 2008). Case settled shortly after waiver of privilege was affirmed by the Federal Circuit.
NIBCO, Inc. v. Tyco International (US), Inc., 2005 U.S. Dist. LEXIS 28556 (N.D. Ind. Sept. 30, 2005) (granting Tyco's summary judgment of noninfringement on all asserted claims), aff'd 219 Fed. Appx. 989, 2007 U.S. App. LEXIS 6305 (Fed. Cir. Mar. 9, 2007).
Koresko v. Nationwide Life Insurance Co., 403 F. Supp. 2d 394 (E.D. Pa. 2005) (granting Nationwide's motion to transfer); Nationwide Life Insurance Co. v. Koresko, 2007 WL 2713783 (S.D. Ohio Sept. 14, 2007) (denying Koresko's motion to dismiss or transfer).

Trademark Litigation

Kraft Foods Global Brands LLC v. Brown, 2009 WL 3809811 (Trademark Tr. & App. Bd. Aug. 20, 2009) (granting Kraft's cross-motion for summary judgment, sustaining Kraft's opposition of applicant's KOOL mark for carbonated beverages based on Kraft's KOOL-AID marks and finding that the KOOL-AID marks are famous and entitled to a broad scope of protection).
Jim Beam Brands Co. v. Diageo North America, Index 600122/08 (N.Y. Sup. Ct. Nov. 13, 2008) (dismissing case against Diageo North America related to an alleged breach of co-existence agreement in connection with the use of a crow trademark on CUERVO products).
Unilever Supply Chain, Inc. v. Steenmeyer, 2007 WL 4050542 (S.D.N.Y. Nov. 4. 2007) (denying motion to reconsider order granting Unilever's motion for summary judgment related to the POPSICLE trademark).
Diageo Ireland v. ACR Group Inc., 1:05-cv-1266 (E.D. Va. Apr. 12, 2006) (enjoining defendants' importation and sale of grey goods GUINNESS product).
Oak Associates, Ltd. v. Palmer, 2006 WL 293385 (E.D. Pa. Feb. 7, 2006) (granting motion to enjoin declaratory judgment action defendant from pursuing trademark infringement case in the E.D. Tex.; case eventually settled and client continues to use the trademark-at-issue).

Copyright Ownership and Infringement

ApplicationsOnLine LLC v. ApplyYourself, Inc. 1:07-cv-1207 (E.D. Va. Mar. 13, 2008) (granting ApplyYourself's motion to stay pending arbitration between plaintiff and co-defendant).
The Vanguard Group, Inc. v. Ross, 2:04-cv-4126 (E.D. Pa.) (representing The Vanguard Group, Inc. in copyright infringement counterclaim related to software; case settled).
RDS Group Ltd. v. Davison, 02-cv-8168 (E.D. Pa.) (representing RDS Group in copyright infringement case involving STRUCAD software).

education

University of Pennsylvania Law School, 1995, J.D.
Villanova University, 1992, B.S.B.A.