Christopher P. Kelly

Principal

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Chris Kelly is a Principal in the Dallas office of McKool Smith.  His practice focuses primarily on technology-related litigation, including patent litigation, licensing, indemnification and complex information-technology related disputes for multi-national clients.

Prior to joining McKool Smith, Mr. Kelly started with the law firm of Dewey, Ballantine on Wall Street, working on initial public offerings, mergers and acquisitions, spinoffs and other general corporate matters.  He then spent a decade as an attorney with the IBM Corporation where he gained significant experience and expertise in software and intellectual-property related matters. In 1996, Mr. Kelly left IBM and joined Excel Communications, Inc.  He was initially responsible for, among other areas, all litigation, including Excel’s successful defense of a patent infringement suit brought by a Fortune 50 telecommunications competitor. Mr. Kelly became Excel’s Vice President, General Counsel and Secretary, and in that role, he obtained a favorable license for Excel to a substantial telecommunications patent portfolio; guided Excel’s move onto the internet; handled all legal matters related to the first nationwide wireless reseller agreement, and led the legal team supporting the company’s expansion into Great Britain.

Representative Matters

Electronic Data Systems Corporation.  Since 2002, Mr. Kelly has played a key role in McKool Smith’s representation of EDS, one of the world’s largest information technology outsourcing companies, in EDS’ major information-technology and intellectual property disputes.  Mr. Kelly’s work has contributed to the successful resolution of all of these matters on terms advantageous to EDS.

Applied Biosystems Group.  Mr. Kelly represented Applied Biosystems in connection with a complex series of development, supply, and intellectual property licensing agreements (including patent cross licenses) for enzymes used in DNA sequencing.

DataTreasury Patent Litigation.  Mr.  Kelly is part of the McKool Smith team representing several defendants in the DataTreasury patent infringement litigation in the Eastern District of Texas involving image-based check processing.

Parkland Health and Hospital System.  Mr. Kelly represented Parkland in a dispute with an information-technology outsourcing company.  This dispute was successfully settled on terms favorable to Parkland.

Freescale Semiconductor, Inc.  Mr. Kelly is part of the McKool Smith team representing Freescale in a variety of patent and intellectual property-related matters.

Taxpayer Dispute.  Mr. Kelly represented a taxpayer against a tax shelter promoter and several other defendants.  This matter was successfully settled on terms favorable to the taxpayer.

Professional Activities

American Intellectual Property Law Association; American Corporate Counsel Association - Past President of Dallas/Fort Worth Chapter