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Overview

Kevin Hess is an associate in McKool Smith’s Austin office. Kevin’s practice focuses primarily on intellectual property litigation, including at the federal district court level, the Patent Office, and the Federal Circuit.

Kevin’s practice has encompassed all aspects of litigation, starting with pre-suit investigations and continuing all the way through trial and appeal. Kevin has managed cases. He has drafted dispositive motions, appellate briefs, and inter partes review (IPR) petitions and responses. And he has taken and defended expert witnesses at deposition and at trial.

Kevin has served clients in a variety of industries, including wireless telecommunications, consumer electronics, semiconductors, cable television, and energy. Prior to joining the firm, he worked for several years as an engineer in the semiconductor industry.

Experience

Representative Matters

  • Optis Wireless Technology et al. v. Huawei. Represents plaintiffs in a patent infringement suit against Huawei in the Eastern District of Texas involving standard-essential and implementation patents related to LTE. After a five-day trial, the jury found infringement, willfulness, no invalidity, and awarded substantial damages for each of the five patents-in-suit.
  • Parallel Networks v. IBM and Parallel Networks v. Microsoft. Represents patent owner Parallel Networks in patent infringement actions in the District of Delaware and in inter partes review (IPR) proceedings at the Patent Trial and Appeal Board (PTAB). The patents relate to dynamic web page generation and load balancing technology.
  • Mobile Telecommunications Technologies LLC v. T-Mobile. Represented defendant T-Mobile in a patent infringement suit in the Eastern District of Texas related to cellular (LTE) technologies, including MIMO and OFDM. The case settled shortly before trial.
  • Dynamic 3D Geosolutions LLC v. Halliburton et al.  Represented defendant Halliburton and others in a patent infringement suit in the Western District of Texas related to geophysical software. The case settled favorably.
  • ParkerVision v. Qualcomm. Member of the trial team that represented plaintiff ParkerVision in a patent infringement suit against Qualcomm in the Middle District of Florida related to wireless receiver technology. The jury awarded substantial damages to ParkerVision.

Recognition

Rankings & Honors

  • Named a Texas "Rising Star" by Super Lawyers, 2017-2018

Media & Events

Education

J.D., The University of Texas School of Law, 2013

B.S., Mechanical Engineering, University of Notre Dame, 2006

Court Admissions

  • State of Texas
  • The United States District Courts for the Eastern, Western, Northern, and Southern Districts of Texas
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