Kenneth M. Frankel

Partner

Ken Frankel focuses on litigation of intellectual property rights in U.S. federal courts, and advising clients and providing opinions 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.

Prior to joining Finnegan, Mr. Frankel served for 16 years as a trial attorney with the U.S. Justice Department's Antitrust Division. He litigated and investigated antitrust matters involving intellectual property issues, price fixing conspiracies, and agreements and mergers in high-technology industries.

Mr. Frankel often speaks at seminars on antitrust and misuse issues involving intellectual property.

Highlights

• AstraZeneca v. Aurobindo (D. Del.). Represented AstraZeneca in enforcement of patents against multiple generic drug manufacturers in Hatch-Waxman infringement litigations involving cholesterol-lowering pharmaceuticals.
• GlaxoSmithKline v. Apotex (D. Del.). Represented GSK in enforcement of patent against multiple generic drug manufacturers in Hatch-Waxman infringement litigations involving antidepressant pharmaceuticals.
• Hy-Ko Prods. v. The Hillman Group (N.D. Ohio). Represented key-cutting equipment manufacturer in defense against antitrust claims.
• Philips v. Eastman Kodak Company (D. Del.). Represented Philips in enforcement of patent related to JPEG images.
• Represented Philips in enforcement of patents against manufacturers of DVD players, CDs, and DVDs.

Professional Recognition

• AV^® rated by Martindale-Hubbell.
• Selected by his peers for inclusion in The Best Lawyers in America, 2013.
• 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, 2012-2013, 2007-2010, 1999-2003, and 1995-1998; AIPLA Fellow, 2008-present; member, Amicus Committee 2005-2006; chair, Trade Secret Committee, 1998-1999)
• Virginia State Bar
• American Bar Association (Sections on Antitrust, Litigation, and Intellectual Property Law)
• D.C. Computer Law Forum (member, Board of Directors, 1987-1992; president, 1988-1989)

Select Publications

• Coauthor. "DOJ Takes Wait-and-See Approach on Antitrust Concerns for Patent License Trading Exchange." LES Insights, May 2013.
• Coauthor. "A Return to the DOJ's 'Nine No-No's’?" The AIPLA Antitrust News, Feb. 2013.
• Coauthor. "Patent Misuse After Federal Circuit's Princo Decision En Banc," The AIPLA Antitrust News, Feb. 2011.