David Kellis, a shareholder, practices primarily in the areas of patent preparation, prosecution, and counseling, although a significant portion of his practice is devoted to IP-related agreements. In all aspects of his practice, David helps his clients realize the full potential of their intellectual property. “I work to provide options for my clients,” he says, “so as to give them the greatest flexibility to make decisions that implicate their intellectual property down the road.” David has drafted well over 150 patent applications and has prosecuted many more. His experience spans multiple technology categories, including access control, aerospace, clean energy, consumer electronics, displays, LIDAR, medical devices, power machinery, RFID, software, textiles, vehicles, and vehicle wheels, among others.
Recognizing that every client has individual needs, David works with his clients to develop and implement a tailored intellectual property strategy. He helps clients identify the specific types of protection that will be most useful for them while taking into account applicable budgetary constraints. David routinely works with Sheridan Ross’s network of trusted foreign associates to obtain international patent protection for his clients.
David helps his clients achieve peace of mind by preparing formal opinions regarding patent validity, patent infringement, and freedom to operate opinions. He also assists clients with the development and licensing of intellectual property, in connection with which he frequently drafts licensing agreements, collaborative development agreements, software agreements, nondisclosure agreements, and other technology-related agreements.
David draws upon his extensive experience with complex litigation in advising his clients. “Litigation is where the rubber meets the road for patent rights, and the possibility of future litigation should inform decisions made early on in the patent lifecycle. An understanding of how litigation works, not just in theory but in practice, facilitates better advice and better decision-making.” David has that understanding, having represented plaintiffs and defendants in all phases of litigation. In the course of representing his clients in patent, trademark, and breach of contract litigation, David has taken or defended over thirty depositions around the country, including of fact witnesses, expert witnesses, and 30(b)(6) designees.
As a young associate, David examined a witness at a jury trial in the Eastern District of Texas with hundreds of millions of dollars at stake, and he has since participated in trials in the United States District Court for the District of Colorado (jury) and for the Central District of California (bench), and in Colorado state court (bench). David has participated in two appeals to the United States Court of Appeals for the Federal Circuit and has argued motions before the District of Colorado, the Western District of Tennessee, and the District of Massachusetts. David also has extensive experience with the discovery process and has worked closely with technical experts, including with respect to the preparation and defense of expert reports. He has authored numerous pleadings, briefs, settlement agreements, and other litigation-related documents.
Before joining Sheridan Ross P.C., David worked in the Colorado office of a national law firm. He also clerked for the Honorable Henry Coke Morgan, Jr. of the United States District Court for the Eastern District of Virginia, where he worked on both civil and criminal matters.
David graduated with honors from Harvard Law School, where he served as a Senior Editor of the Harvard Law Review. Before attending Harvard, he studied Mechanical Engineering at Brigham Young University, where he graduated with high honors. He is currently working on a master’s in business administration, which will allow him to better understand his clients’ business needs and counsel clients within the context of those needs.
Harvard Law School (J.D. cum laude, 2009)
– Senior Editor, Harvard Law Review
Brigham Young University (B.S. magna cum laude, Mechanical Engineering, 2006)
- Intellectual Property in Employment
- IP Transactions & Licensing
- Patent Office Post Grant Proceedings
- Patent Prosecution
- Patent Search Services
- Trade Secrets and Confidentiality
- Electrical Engineering
- Mechanical Engineering
United States Court of Appeals for the Federal Circuit, 2011
United States District Court, District of Colorado, 2010
United States District Court, Eastern District of Texas, 2010
United States Patent & Trademark Office, 2006
Colorado Bar Association
Presentations and Publications:
- Speaker: “Intellectual Property Done Wright,” EAA AirVenture OshKosh, July 2016.
- Speaker: “Maintaining Intellectual Property Protection through Confidentiality and Non-Use Agreements,” American Chemical Society National Conference, Denver, Colorado, 2015.
- Jury Finds Willful Infringement in IP Trial, Law Week Colorado, Nov. 16, 2015…read full article.
- Intellectual Property Magazine — Nov. 2014 — Should factual conclusions made by a district court when examining claim construction be given deference on appeal or should they be reviewed de novo? Robert R Brunelli and David Kellis examine the issues…read more.
Colorado Super Lawyers Rising Star, 2014-2018