Christopher R. Kinkade

Partner | Intellectual Property
Co-Chair, Intellectual Property Department

About

Chris is a strategic advisor for intellectual property portfolio development, transactions, and litigation. Chris serves as outside general counsel to emerging, mid-market, and international companies. Having litigated more than 200 federal lawsuits, including through jury and bench trials, and having settled scores of disputes pre-litigation, Chris is able to provide practical and effective legal advice that supports business goals for managing, protecting, and enforcing intellectual property rights.

  • Chris counsels clients of all sizes—from international corporations to entrepreneurs and early-stage companies—in IP portfolio development, management, monetization, enforcement, and risk mitigation. Chris prides himself on helping others find practical and efficient solutions to legal and business dilemmas. Chris has particular experience in the pharmaceutical, biotechnology, medical device, mechanical, and chemical industries, as well as consumer products and services. Chris manages complex commercial matters concerning intellectual property, mergers and acquisitions, trade secrets, advertising, commercial disputes, contracts, and antitrust.

Practices

  • IP Litigation and Enforcement

  • IP Transactions and Licensing

  • Patents

  • Trademarks

  • Trade Secrets

Admissions

  • U.S. Court of Appeals, Eleventh Circuit

  • U.S. District Court, Northern District of Illinois

  • U.S. District Court, District of New Jersey

  • U.S. District Court, Southern District of New York

  • U.S. District Court, Eastern District of New York

  • U.S. District Court, Eastern District of Texas

  • New Jersey

  • New York

  • U.S. Patent and Trademark Office (Registered Patent Attorney)

  • U.S. Court of Appeals, Federal Circuit

  • U.S. Court of Appeals, Second Circuit

  • U.S. Court of Appeals, Third Circuit

Education

  • Seton Hall University School of Law, J.D., 2007

  • University of Rochester, B.S., 2004

Professional Affiliations

  • Master, John C. Lifland American Inn of Court

Experience

  • FisherBroyles, LLP (2020-2024)

  • Fox Rothschild LLP (2006-2020)

  • BioArray Solutions, Ltd. (2005-2006)

Representative Trial Experience

  • Bench Trial (First Chair), Breach of Contract Litigation, Mecklenburg County, North Carolina, 2022

  • Jury Trial (Second Chair), Trademark Infringement Litigation, U.S. District Court for the District of New Jersey, 2019; U.S. Court of Appeals for the Third Circuit, 2021; District of New Jersey, 2022; Third Circuit, 2023.

  • Jury Trial (First Chair), Copyright Infringement Litigation, U.S. District Court for the Southern District of Florida, 2019.

  • Bench Trial (Trial Team), Trade Dress Infringement Litigation, U.S. International Trade Commission, 2015.

  • Jury Trial (Second Chair), Breach of Contract Litigation, U.S. District Court for the Eastern District of New York, 2015; U.S. Court of Appeals for the Second Circuit, 2015.

  • Jury Trial (Trial Team), Breach of Contract Litigation, U.S. District Court for the Western District of Pennsylvania, 2010.

Representative Transactional Experience

  • Represent public and private biotechnology, medical device, and pharmaceutical companies in complex commercial agreements, including license, joint development, material transfer, and asset purchase agreements, whether arising from litigation or merger and acquisition activities.

  • Prepare patent due diligence, freedom to operate analyses, and infringement & validity opinions.

  • Manage patent portfolios in biotechnology, medical device, pharmaceutical, and mechanical arts.

  • Advise clients on brand development and protection.

  • Conduct trademark prosecution, portfolio management, clearance assessment, and policing.

  • Counsel clients on issues concerning licensing, contract negotiation, joint ventures, advertising law, commercial agreements, new ventures, strategic partnerships, and intellectual property strategies.

Publications

  • Client Alert: Patents Listed in the Orange Book Must Claim the Active Ingredient of the Drug Teva Branded Pharmaceuticals v. Amneal Pharmaceuticals, December 20, 2024