J. Kevin Fee

Partner

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. Examples of Mr. Fee's recent patent litigation experience include:

• 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).

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. Examples of Mr. Fee's recent trademark litigation successes include:

• 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).

In addition, Mr. Fee represents companies in copyright ownership and infringement disputes, with a particular emphasis on software copyright disputes. His recent experience includes:

• 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)

Mr. Fee is admitted to practice in the District of Columbia, Pennsylvania, and New York and 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.