Quinn emanuel trial lawyers

Smith, Kevin A.

Kevin A. Smith

Of Counsel

  Biography

Kevin Smith is a Of Counsel in the San Francisco office.  His practice focuses on patent, antitrust, and commercial litigation.  He has litigated cases in federal courts in Texas, California, Wisconsin, and Illinois in a variety of technology areas, including Internet services, search engines, network messaging, VoIP, databases, satellites, computer routers, gaming machines, and cellular telephones.

  Representative Clients

  • Alliance Gaming
  • Cisco Systems, Inc.
  • Google Inc.
  • Jesta Digital
  • MicroStrategy, Inc.
  • Rodale, Inc.
  • Samsung Electronics
  • ViaSat Inc.
  • Yahoo! Inc.

  Notable Representations

  • Obtained a summary judgment of non-infringement and/or invalidity on five patents related to slot machines and player tracking units on behalf of Alliance Gaming.
  • Obtained a reversal on appeal of a jury verdict of infringement on behalf of Yahoo! Inc. in a case related to its Instant Messenger product. 
  • Obtained a dismissal for lack of standing and subsequent affirmance on appeal on behalf of Cisco Systems in a patent infringement dispute related to VoIP telephony.
  • Obtained summary judgment of non-infringement and subsequent affirmance on appeal on behalf of over thirty cellular telephone manufacturer defendants in a Texas patent case in which a University plaintiff sought in excess of $1.5 billion in damages for alleged infringement of a patent related to text entry on a telephone keypad.
  • Obtained summary judgment of invalidity and a stipulation of non-infringement on behalf of MicroStrategy, Inc. in a case involving patents related to online analytical processing software.

  Practice Areas

  • Appellate Practice
  • Intellectual Property Litigation
  • International Trade Commission Proceedings
  • Patent Litigation

  Education

  • University of Michigan Law School
    (J.D., magna cum laude, 2004)
    • Michigan Law Review:
      • Executive Editor
    • Michigan Journal of Race & Law:
      • Associate Editor
    • Order of the Coif
    • John M. Olin Student Fellow in Law and Economics

  • University of Michigan
    (B.A., Economics & Philosophy, 2001)

  Admissions

The State Bar of New York; The State Bar of California; United States District Courts: Central District of California, Eastern District of California, Eastern District of Texas, Northern District of California, Southern District of California; United States Court of Appeals: Federal Circuit, Ninth Circuit

  Prior Associations

  • Law Clerk to the Hon. Emilio M. Garza:
    • United States Court of Appeals for the Fifth Circuit, 2005-2006

  • Law Clerk to the Hon. Charles P. Sifton:
    • United States District Court for the Eastern District of New York, 2004-2005 

  Awards

  • Selected as a SuperLawyer Rising Star, 2014-2018

Publications and Lectures

  • The Media at the Tip of the Spear, 102 Michigan Law Review (2004)
  • Psychology, Factfinding, and Entrapment, 103 Michigan Law Review (2005)