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Kenneth M. Frankel
Partner
Ken Frankel focuses on litigation of intellectual property rights in U.S. federal courts, and advice to clients on antitrust and misuse issues in licensing and enforcing intellectual property. He has litigated numerous cases in the pharmaceutical, electronics, and mechanical fields involving extensive pretrial discovery and trials in many federal district courts. Mr. Frankel has particular experience litigating cases against generic pharmaceutical companies challenging innovators' patents, including for clients AstraZeneca, GlaxoSmithKline, and Eli Lilly and Company.
Prior to joining Finnegan, Mr. Frankel served for 16 years as a trial attorney with the U.S. Justice Department’s antitrust division. In this position, he litigated and investigated antitrust matters involving intellectual property issues, price fixing conspiracies, and agreements and mergers in high-technology industries.
Mr. Frankel also provides opinions and often speaks at seminars on antitrust and misuse issues involving intellectual property.
Highlights
- Philips v. Eastman Kodak Company (D. Del.). Represented Philips for infringement of a patent relating to JPEG images; responsible for damages and defending against challenge based on standard-setting.
- Represented Philips against manufacturers of DVD players, CDs, and DVDs for infringement of Philips' patents.
Professional Recognition
- AV® rated by Martindale-Hubbell.
- Listed in Washington D.C. and Virginia Super Lawyers for intellectual property litigation practice, 2006-2011.
Professional Activities
- American Intellectual Property Law Association (chair, Antitrust Committee, 2007-2010, 1999-2003, and 1995-1998; AIPLA fellow, since 2008; member, Amicus Committee 2005-2006; chair, Trade Secret Committee, 1998-1999)
- Virginia State Bar
- American Bar Association (Sections on Litigation, Antitrust, and Intellectual Property Law)
- D.C. Computer Law Forum (member, Board of Directors, 1987-1992; president, 1988-1989)
Select Publications
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