Darin Klemchuk , Member of Klemchuk Kubasta LLP

My practice includes all aspects of intellectual property with emphasis on patent, trademark, copyright, and trade secret litigation. I have handled over 200 intellectual property disputes, including approximately 20 patent infringement cases, many of the cases as local counsel. My practice also includes assisting companies to increase their market share and protect their competitive advantage by identifying and protecting valuable branding, technological innovation, software, and other property and by procuring patent, trademark, and copyright registrations and through employment agreements and non-compete agreements. I also advise clients on licensing, acquisitions, due diligence, and eCommerce, including the emerging field of branding in cyberspace and trademark issues related to the Internet. We also assist clients in recovering domain names taken by cybersquatters.  

 

While I have represented a number of Fortune 500 corporations, I focus on growing companies, who benefit from broad intellectual property counseling. I also represent a number of solo inventors and start up companies from inception of their business plan through their first couple rounds of funding. I also offer to serve as Virtual General Counsel and Virtual IP Counsel for companies that require in-house counsel but have not grown to that level.  

 

In addition to intellectual property, I have significant experience litigating commercial and business disputes, including non-compete, partnership, fiduciary duty, and breach of contract disputes, 7 of which I have tried to a verdict, judgment, or arbitration award.  I have represented a number of clients in obtaining and resisting requests for injunctive relief in cases involving non-competes, trade secrets, trademarks, and patents.  

 

My practice also includes serving as local counsel to out of state parties involved in patent, trademark, copyright, IP, and commercial litigation in state and federal courts in Dallas, Texas and the Northern and Eastern District of Texas federal courts.  My local counsel practice includes representing both plaintiffs and defendants.  We have successfully achieved dismissals, as local counsel, for out of state defendants on venue and lack of personal jurisdiction grounds, recently we obtained a voluntary dismissal in a trademark case on those grounds and won an appeal at the Federal Circuit Court of Appeals affirming a dismissal in a patent case under the first to file rule.  See our local counsel page - www.kk-llp.com/localcounsel.asp - for additional information, including the Local Patent Rules for the Texas Northern and Eastern District Courts.  

HONORS
D Magazine, “Best Lawyers – Intellectual Property,” 2007, 2008
D Magazine, “Best Lawyers Under 40,” 2002, 2006
“Rising Stars Under 40,” 2004, 2005, 2006, 2008 by Law & Politics Magazine published in Texas Monthly and Texas Rising Stars Magazines 
"Super Lawyer," 2008 by Law & Politics Magazine published in Texas Monthly and Texas Rising Stars Magazines 

 

PROFESSIONAL ACTIVITIES
Former Chair, Unfair Competition Committee of the IP Section, State Bar of Texas (2004-2007); Former Chair, Computer Law Section, Dallas Bar Association (2004-2007)

SPEECHES AND PUBLICATIONS

“Pre-Suit Investigations in Infringement Cases," Texas Lawyer, February 2008

“Investigate Before Litigating," Executive Legal Advisor, January 2008

“Software Copyright Infringement and Enforcement,” presentation to Dallas Bar Association Computer Law Section, April 22, 2002 Fifth Circuit Survey (June 1997-May 1998), Intellectual Property Law, Texas Tech Law Review, Vol. 30, September 1999

COMMUNITY ACTIVITIES
Executive Officer of Events, Federalist Society, Lawyers’ Division
Member, Human Action Network, Institute for Justice

ADMITTED TO PRACTICE
Federal Circuit Court of Appeals, 2002
Fifth Circuit Court of Appeals, 2002
U.S. Patent & Trademark Office, 2001
U.S. District Court, Southern District of Texas, 1999
U.S. District Court, Eastern District of Texas, 1999
U.S. District Court, Western District of Texas, 1998
U.S. District Court, Northern District of Texas, 1997
State of Texas, 1997

PROFESSIONAL HISTORY
Thompson & Knight LLP, Associate, 1997-2004
The Boeing Company, Systems Engineer, 1990-1994
U.S. Army National Guard, Non-Commissioned Officer, 161st Infantry Regiment, Honorable Discharge, 1999

PURSUITS
Boxing, weight training, tennis, running, and other sports; film and country music; and trying to keep up with my three children