Kelly C. Hunsaker
Partner
Managing Partner, Silicon Valley
Kelly is managing partner of Winston’s Silicon Valley office with over 30 years’ experience leading complex patent and intellectual property cases involving a wide range of technologies and industries, particularly in high-tech fields. With extensive courtroom experience, a talent for the quick mastery of technical information, and compelling communication skills that work well with judges and juries alike, Kelly is an outstanding advocate for her clients and a highly regarded legal strategist. She has been recognized among The Best Lawyers in America® for patent litigation, by the Silicon Valley Business Journal as one of the most influential women in Silicon Valley, and among The Recorder’s “Women Leaders in Technology Law.”
Key Matters
Some of the experience represented below may have been handled at a previous firm.
Representative Patent Litigation
- Lead counsel for large multinational technology company in numerous patent litigation matters in Western District of Texas and Northern District of Texas involving cloud computing architecture, software defined networking, 802.11 and mobile devices.
- Lead counsel for leading network security corporation in patent infringement case in Southern District of New York and multi-district litigation in Eastern District of Texas involving nine patents directed to various aspects of network control, threat detection and risk assessments.
- Lead counsel for leading cloud computing and virtualization software company in three-patent case in Western District of Texas involving technology for accessing remote applications and desktops using remote display protocols.
- Led defense team for large multinational technology company in patent infringement case involving encryption technology in Central District of California, winning summary judgment of noninfringement and making the winning argument on appeal before the Federal Circuit.
- Represented venture-funded software startup in patent litigation in Northern District of California involving financial technology and software, winning summary judgment of noninfringement for defendant.
- Part of trial team that defended large multinational technology company in patent infringement suit in Eastern District of Texas involving audio player device.
- Led defense team for large multinational technology company in patent litigation filed against 22 defendants in Eastern District of Texas involving database technology.
- Defended large multinational technology company in patent infringement suit in Northern District of California involving education software. Won summary judgment of invalidity on Section 101 grounds.
- Part of trial team that defended large multinational technology company in patent infringement case in Southern District of California involving multimedia, video, and audio compression and UI software.
- Defended large multinational technology company in patent infringement suit in Northern District of California involving DRM and antipiracy software. Plaintiff dismissed suit voluntarily after one patent was declared invalid.
- Part of trial team that defended two large multinational technology companies in patent infringement jury trial in the Southern District of California involving multimedia, video, and audio compression.
- Defended large multinational technology company in multi-defendant patent case in Western District of Tennessee involving targeted Internet advertising. Case dismissed after successful inter partes review invalidating the patent in suit.
- Represented large multinational technology company in patent case filed in District of Delaware involving microprocessor technology.
- Led defense team for large multinational technology company in four-patent litigation in Northern District of California involving operating-system and device driver technology.
- Defended privately held software startup in patent litigation in Northern District of California involving computer network security software and systems.
- Represented large multinational technology company in patent infringement case filed in Eastern District of Texas involving optical systems and LCD technology.
- Represented large multinational technology company in multi-defendant 17-patent infringement case filed in Eastern District of Texas involving microprocessor technology.
- Defended large multinational technology company in patent infringement suit in Northern District of California involving data communication technology.
- Represented large computer software company in patent infringement case in the District of Delaware involving product activation software.
- Represented large multinational technology company in patent infringement suit in Western District of Washington involving code server technology.
- Represented large multinational technology company in patent infringement suit in Northern District of California involving client–server communication protocols.
- Defended large multinational technology company in patent infringement suit in Eastern District of Texas involving software activation technology.
- Defended large global software company in patent litigation in District of Delaware involving website creation software.
- Defended large global software company in patent litigation in District of Delaware involving computer graphics and photo-editing software.
- Represented large telecommunications company in patent litigation in District of Delaware involving email-routing software.
- Defended manufacturer of protective devices and equipment in patent litigation involving industrial safety equipment for firefighters.
- Represented large multinational media company in multi-patent ITC proceedings involving interactive programming guides.
- Defended sporting-goods company in patent litigation in District of Delaware involving snowboard equipment.
- Represented privately held laser-design-and-manufacture plaintiff in patent litigation in Northern District of California involving laser alignment device.
Representative Trademark, Trade Secret, and Copyright Litigation
- Represented pre-IPO B2B software company defendant in trade secret case filed in California state court involving procurement software platform.
- Represented plaintiff software company in Internet domain name and trademark dispute.
- Represented defendant electronics company in trade secret, unfair-competition, and copyright dispute.
Representative Commercial Litigation
- Led case for privately held plaintiff manufacturing company in technology-licensing dispute involving athletic footwear and patented process for manufacturing thermoplastic elastomeric honeycomb, recovering US$18.75M in damages in binding arbitration trial.
- Represented defendant in US$15M breach-of-contract case involving aviation insurance policy claim for aircraft crash. Won summary judgment for defendant.
- Represented defendant insurer in breach-of-contract and insurance-bad-faith case. Tried four-week jury trial with successful outcome for defendant.
- Represented defendant insurer in breach-of-contract and insurance-bad-faith case. Argued appeal before Nevada Supreme Court and successfully obtained reversal of multimillion-dollar punitive-damages award.
Kelly Hunsaker is a highly intelligent, skilled litigator with a deep knowledge of the law.
IAM Patent 1000 client testimonial