Keith Grady

Practice Areas

• Intellectual Property

• IP Litigation

• Patent Litigation

• Trademarks

• Copyright Law

• Trade Secret Litigation

• Health & Life Sciences

Career

Clients appreciate Keith Grady’s strategic ongoing counsel and valuable litigation experience. He has served as first chair in all phases of intellectual property litigation, appearing in hundreds of cases in courts nationwide to represent clients in preliminary injunction hearings, claim construction hearings, summary judgment hearings, and jury trials. Keith has presented arguments at the U.S. Court of Appeals for the Federal Circuit.

Keith represents publicly traded companies and major manufacturers in patent litigation in a variety of technological industries, including chemical, pharmaceutical, nutritional supplement, software, medical device, and mechanical devices. He also regularly represents clients in litigation involving technology-related disputes, trademarks, trade secrets, unfair competition, internet domain names, and trade dress. Keith frequently writes and speaks on topics including patent litigation, trademark litigation, and copyright issues.

Before he entered private practice, Keith was an Assistant Attorney General for the State of Missouri, a Staff Attorney for the U.S. Court of Appeals for the Fifth and Eighth Circuits, a Law Clerk for Judge Charles A. Shaw and Judge George F. Gunn of the U.S. District Court for the Eastern District of Missouri, and a Law Clerk for Judge R.A. (Jim) Randall of the Minnesota Court of Appeals. His invaluable background with trial and appellate courts gives Keith particular insight into their decision-making process.

Professional Memberships

• Member, American Bar Association

• Member, American Intellectual Property Law Association

• Steering Committee Member, Bar Association of Metropolitan St. Louis (Patent, Trademark & Copyright Section)

• Fellow, Litigation Counsel of America

Awards

Experience

• Representation of a fitness equipment manufacturer in patent litigation involving bicycle training equipment in the U.S. District Court for the Northern District of Georgia.

• Successful defense of a product distributor in a design patent infringement claim filed with the U.S. International Trade Commission and the U.S. District Court for the District of Colorado; the ITC case was dismissed upon the discovery of evidence of invalidity.

• Successful defense of a pet grooming tool manufacturer in patent litigation involving two patents related to pet grooming tools in the U.S. District Court for the Eastern District of Missouri; the case settled on favorable terms.

• Successful representation of a patent holder in an infringement action filed in the U.S. District Court for the Northern District of California related to patents that involve abbreviated dialing code technology; the case settled on favorable terms.

• Successful representation of a healthcare products company in a claim for alleged infringement of a patent related to carbon dioxide absorbers for use with anesthesia machines; the court granted summary judgment of non-infringement.

• Successful defense of a concrete shaving company in a patent infringement action filed in the U.S. District Court for the Eastern District of Missouri; the case settled after successfully obtaining reexamination of the asserted patent.

• Successful defense of an electronic stock exchange in a patent infringement action originally filed in the U.S. District Court for the Eastern District of Texas; succeeded in obtaining a mandamus petition to have the case transferred to the Southern District of New York, prevailed on the claim construction arguments, and won a summary judgment ruling of non-infringement; the Federal Circuit affirmed the judgment.

• Successful defense of a bank in a patent infringement action pending in the U.S. District Court for the Northern District of Illinois; the patent involved systems and methods for limiting spending via corporate credit cards and allowance cards; the court invalidated the patent on summary judgment.

• Successful defense of a nutritional supplement company in a declaratory judgment action involving allegations of patent and trademark infringement related to three patents; obtained a favorable claim construction ruling following Markman briefing; case settled on favorable terms.

• Involved in defense of a medical equipment manufacturer in a two-week jury trial and one-day court trial that involved, among other things, a claim for assignment of several patents related to medical devices; in a published opinion, the district court refused to assign the patents.

• Successful defense of a natural resources extraction, environmental restoration, and industrial application company in a $31-million breach of contract claim brought by its distributor involving a technology license agreement related to patented disinfectant product for hospital use.

• Successful representation of a patent holder in an infringement action filed in the U.S. District Court for the Eastern District of Missouri; the patent involved technology related to a variable speed controller for an electric motor; the case settled on favorable terms following a claim construction hearing.