Nathan Kelley
USA Guide 2024
Band 1 : Intellectual Property: Appellate
Band 1
About
Provided by Nathan Kelley
Practice Areas
Intellectual Property Law
Patent Litigation
Appeals, Issues & Strategy
Patent Appeals
Career
Nathan Kelley is one of the country’s leading intellectual property lawyers, having served for more than a decade at the top levels of the U.S. Patent and Trademark Office, most recently as Solicitor and Deputy General Counsel for Intellectual Property Law. In that capacity, Nate managed all IP litigation for the USPTO and participated in many of the most significant patent and trademark cases in recent years, including Oil States Energy Services, LLC v. Greene’s Energy Group, LLC; Matal v. Tam; Aqua Products, Inc. v. Matal; In re Cuozzo Speed Technologies, LLC; Samsung Electronics Co. v. Apple, Inc.; Life Techs. Corp. v. Promega Corp.; Alice Corp. v. CLS Bank Int’l; Nautilus, Inc. v. Biosig Instruments, Inc.; Teva Pharm. USA, Inc. v. Sandoz, Inc.; and B&B Hardware v. Hargis Indus., Inc.
At the USPTO, Nate also acted as the USPTO’s Chief Administrative Patent Judge, leading the Patent Trial and Appeal Board (PTAB) during a critical period as it was coming up to speed with its jurisdiction over inter partes reviews under the America Invents Act (AIA). Before his time in the Solicitor’s Office and PTAB, Nate worked for six years at the U.S. Court of Appeals for the Federal Circuit, first as a member of its permanent legal staff and then as a law clerk for Circuit Judge Randall Rader. His career in intellectual property law began over 25 years ago as a patent examiner in the semiconductor field.
Chambers Review
USA
Nathan Kelley cochairs the firm's Federal Circuit patent appeals practice. He handles high profile patent litigation appeals, IPRs at the PTAB, and related USPTO work for notable clients in the technology and pharmaceutical industries.
Strengths
Provided by Chambers
"Nate really understands important issues and how to present them in a way that gets the appellate court to focus on the right things."
"Nate is incredibly knowledgeable on Federal Circuit appeals, Supreme Court appeals and USPTO matters."
"Nate is an excellent appellate advocate."
"Nate really understands important issues and how to present them in a way that gets the appellate court to focus on the right things."
"Nate is incredibly knowledgeable on Federal Circuit appeals, Supreme Court appeals and USPTO matters."
"Nate is an excellent appellate advocate."