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Kyle S. Smith Associate

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Raleigh T +1 919 835 5966 F fax +1 919 755 6607
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As an associate with the firm’s Commercial Litigation group, Kyle is an experienced litigator with a focus on patent litigation in district court, before the International Trade Commission and before the U.S. Patent and Trademark Office. Kyle has represented companies in patent and intellectual property matters spanning a variety of technologies, including semiconductors, telecommunications, solar cells, internet and consumer software, and e-commerce as well as pharmaceuticals and medical devices. His litigation experience spans all phases of litigation, including pre-litigation strategy, managing and drafting fact and expert discovery, taking and defending fact and expert depositions, drafting case-dispositive and evidentiary motions, trial, and appeal.

Kyle has extensive experience representing clients before the International Trade Commission, including evidentiary hearings at both the violation and enforcement stage of an Investigation. Kyle also has experience representing clients in parallel post-grant proceedings before the U.S. Patent and Trademark Office, including delivering several oral arguments.

Prior to joining McGuireWoods, Kyle clerked for Chief Judge Moore of the U.S. Court of Appeals for the Federal Circuit.

Experience

  • Represented leading technology manufacturer in parallel patent infringement litigation and Patent Trial and Appeal Board Proceedings involving wireless telecommunications standards (D. Del., PTAB).
  • Represented leading technology company in parallel patent infringement litigation in district court and before the International Trade Commission involving the manufacture of semiconductor devices (D.N.J., ITC).
  • Represented leading technology company in four parallel Patent Trial and Appeal Board Proceedings involving graphical user interface technology (PTAB).
  • Represented leading solar cell manufacturer in multiple International Trade Commission Investigations involving patent infringement allegations (ITC).
  • Represented a major telecommunications carrier in patent infringement litigation involving wireless emergency alert systems (E.D. Tex.).
  • Represented leading medical device manufacturer in patent infringement litigation involving endoscopic equipment (S.D.N.Y.).
  • Represented leading genealogy company in parallel patent infringement litigation and Patent Trial and Appeal Board Proceedings (N.D. Ill., PTAB).
  • (U.S.) – Submitted certiorari-stage amicus brief on behalf of a leading RFID provider in Avery Dennis Corporation v. ADASA, Inc., No. 22-822 (2023).
  • (Fed. Cir.) – Acted as counsel in multiple appeals to the United States Court of Appeals for the Federal Circuit in connection with several successful Patent Trial and Appeal Board decisions (InterDigital v. Lenovo, Case Nos. 22-1592, -1924 (Fed. Cir. 2022)).
  • (Fed. Cir.) – Submitted a rehearing-stage amicus brief on behalf of leading pharmaceutical companies in In re Cellect, LLC, Nos. 22-1293, -1294, -1295, 1296 (2022).

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