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Kirk A. Vander Leest
Shareholder
Email. kvanderleest@mcandrews-ip.com
Tel. (312) 775-8263
Practice Areas
Intellectual Property Litigation Patent and Trademark Procurement, Protection and Portfolio Management Intellectual Property/Technology Opinions and Investigations
Education
Iowa State University, B.S.I.E., 1987 Chicago-Kent College of Law, J.D., with high honors, 1994
Bar Admissions
Patent attorney (registered to practice before the United States Patent and Trademark Office); member in good standing of the bars of the State of Illinois, U.S. District Court for the Northern District of Illinois, U.S. Court of Appeals for the Federal Circuit and U.S. Supreme Court.
Professional Experience
Kirk Vander Leest has been working in the field of intellectual property since 1988, when he began working as a patent agent in the legal department at Caterpillar, Inc. As a patent agent at Caterpillar, his responsibilities included procuring U.S. and foreign patents for Caterpillar's Electrical and Electronics Division. Kirk continued to work full-time as a patent agent while attending the night program at Chicago Kent college of Law. Kirk received his law degree in 1994, graduating with high honors and Order of the Coif.
Since graduating from law school, Kirk’s practice has focused on procuring, developing and litigating intellection property rights in a wide variety of technologies. Kirk has represented clients in a range of technology areas, including: medical devices, electronic components, agricultural equipment, medical imaging equipment, dual-fuel engine systems, heavy machinery, automotive components, lighting equipment, and broadband electronics, and many other fields. Kirk has prepared, or supervised the preparation of, numerous patent applications, amendments, opinions and product clearance reports. He has lead intellectual property due diligence teams in connection with several multi-million dollar acquisitions by a variety of companies. Kirk also has extensive experience with interference and reexamination proceedings (including inter partes reexaminations) before the U.S. Patent Office and opposition proceedings before the European Patent Office.
Kirk’s litigation experience has touched on all facets of complex litigation, including pre-filing investigations, pleadings and motions, discovery, and pretrial hearings, including Markman proceedings. Representative litigation matters during the past five years include:
• Cordis Corp., et al. v. Abbott Laboratories, et al., C.A. Nos. 07-2265, 07-2477, 07-2728, and 07-5636 (D. N.J. 2007-10) (patent infringement; drug-eluting stents).
• Roche v. Abbott et al., Civ. No. 07-753-JJF (D. Del. 2007-08) (patent infringement; blood glucose monitors).
• Gerber Scientific International, Inc. v. Satisloh AG et al., No. 3:07-CV-01382 (D. Conn. 2007-09) (patent infringement; ophthalmic lens generators).
• The Wiremold Co. v. Thomas & Betts, Inc., 3:06-CV-01491 (D. Conn. 2006-08) (patent infringement; electrical fittings).
• Plymouth Industries v. Sioux Steel Co., No. 8:05-CV-196 (D. Neb. 2005-06) (patent infringement; agricultural products).
• Maremont Exhaust Products v. Vortex Engineering, Opposition No. 91162216 (TTAB 2005-06) (trademark opposition).
• SciMed Life Systems, Inc. et al. v. Guidant Corp. et al., No. 04-0492 (D. Minn. 2004-06) (patent infringement; embolic protection devices).
• Lutron Electronics Co., Inc., v. Genlyte Thomas Group, LLC. et al., 2:03-CV-04334 (E.D. PA 2003-06) (trade dress infringement; lighting components).
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