KEVIN J. O’BRIEN (Of counsel)

Kevin has successfully represented clients in a wide range of complex commercial matters, including intellectual property litigation, antitrust, unfair competition, and complex commercial disputes.  Litigating cases from inception through trial, Kevin has represented clients across an array of industries and technical fields, including biotech, clean energy, financial services and telecommunications.  Many of these disputes were valued from hundreds of millions to billions of dollars.   

Before joining Alto Litigation, Kevin was Counsel at WilmerHale LLP in Palo Alto.  He also served as a law clerk to the Honorable Richard G. Andrews of the United States District Court for the District of Delaware. 

EDUCATION

University of California, Hastings College of the Law
(J.D., summa cum laude, 2011)
Symposium Editor, Hastings Law Journal 

University of California, Santa Barbara
(B.A., 2007)
English Literature

PRACTICE AREAS

Business Litigation & Counseling 
Securities Litigation
Intellectual Property
Litigation
Competition Law

REPRESENTATIVE MATTERS

  • Represented an international pharmaceutical company in a patent infringement action involving hemophilia therapies through trial, garnering an infringement verdict of nearly $200 million.

  • Represented a premier smartphone manufacturer in a patent infringement action worth billions of dollars involving 4G/LTE technology through trial. 

  • Represented a swiss luxury watch manufacturer in a trademark infringement action against a smartwatch company.

  • Successfully opposed a temporary restraining order against a premier social media company related to unfair competition claims raised by an application developer.

  • Defended a national print and digital advertising company against illegal pricing claims raised by a competitor alleging illegal below cost sales and unfair competition.

  • Defended a patent infringement action against a solar cell module manufacturer raised by a direct competitor.

  • Prosecuted a trade secrets action against his client’s former employee who attempted to steal and use confidential information on behalf of a competitor.

  • Defended an enterprise technology company against a patent infringement action involving database access technology, winning summary judgment of non-infringement.

  • Prosecuted antitrust claims on behalf of a semiconductor design company against a competitor who sought to monopolize the market with bad-faith patent infringement claims.

  • Prosecuted a patent infringement action involving a groundbreaking cancer therapy on behalf of a pharmaceutical innovator against a generic competitor.

  • Represented an Afghan family pro bono who sought to escape Afghanistan and come to the United States after the Taliban’s takeover of Afghanistan.

ADMISSIONS

Member, State Bar of California

Admissions: United States District Court for the Northern District of California; United States District Court for the Central District of California; United States District Court for the Eastern District of Texas; United States District Court for the Western District of Texas.

PUBLICATIONS 

Contributing Editor, The Rutter Group’s Federal Civil Procedure Before Trial (2012-2014 and 2016 Editions)