Ashley L. Kirk

Higher education honors include:

• Harno Scholar (University of Illinois College of Law)

The following is a representative sample of Ashley’s casework:

• All Plastic Inc. v. SamDan LLC et al. On behalf of All Plastic, Inc., brought a patent infringement lawsuit in the District Court of Colorado, where based on the arguments presented during the Markman hearing and the underlying briefing, the court adopted substantially all of the firm’s proposed constructions for seven contested terms of eight patent claims, which placed our client in an extremely advantageous position for a successful settlement, just days before trial.
• AbbVie Endocrine, Inc. v. Takeda Pharmaceutical Company. As a member of a 100%-diverse trial team in “one of the five big healthcare lawsuits” of the year, secured a favorable ruling on behalf of AbbVie Endocrine, Inc. in a breach of contract case against Takeda Pharmaceutical Co. Ashley questioned or defended multiple witnesses during the four-day trial in Delaware Chancery Court.
• Plaintiff v. Leading Retailer. Represented a leading retailer in patent lawsuit in the Central District of California in which the Plaintiff alleged our client was selling infringing products. The case was favorably resolved after filing a motion for partial summary judgment and mediation.
• Trademark Enforcement Campaign for Leading Car Insurance Provider. On behalf of a leading car insurance provider, launched a successful campaign enforcing a trademark family against various competitors and small unaffiliated businesses.
• Fashion House v. Rock Band. On behalf of a small fashion house, filed an opposition to the registration of mark on behalf of a rock band, which led to the successful settlement of the matter on the client’s behalf.
• Non-Practicing Entity v. Leading National Retailer. Represented a leading national retailer in a patent lawsuit in the Eastern District of Texas in which the plaintiff, a non-practicing entity, alleged infringement of a patent directed towards mobile apps used for video streaming. The matter was favorably resolved for nuisance value.
• Plaintiff v. Nationwide Pharmacy Chain. Represented a nationwide pharmacy chain in a patent lawsuit brought in the Central District of California in which the plaintiff alleged infringement of two patents directed towards the maintenance and storage of personal health records on a server. The matter ultimately settled very favorably after our client (i) filed an inter partes review request with the U.S. Patent and Trademark Office and (ii) met and conferred with the plaintiff regarding a motion for judgment on the pleadings for failure to meet the requirements of sections 101 and 112.

• Co-Presenter, “Managing the Risks and Rewards of Trade Secrets: A Guide for In-House Counsel,” ACC Washington Chapter 2023 Business Summit (September 21, 2023)
• Co-Presenter, “Patent Exhaustion – Dead Letter or Viable Doctrine,” 2023 NAMWOLF Annual Meeting (September 11, 2023)
• Presenter, “The Top Ten Secrets of Patent Litigation That Every In-House Counsel Needs to Know,” ACC Southwest Ohio Chapter CLE Presentation (May 22, 2023)