Chris is a patent attorney and experienced first-chair litigator who helps clients manage, protect, and enforce their intellectual property and other proprietary rights. Chris serves as outside general counsel, providing a combination of strategic IP counseling, business law services, and litigation management to help clients implement successful strategies to support business goals. Chris guides clients of all sizes—from international corporations to entrepreneurs and early-stage companies—in IP portfolio development, management, monetization, enforcement, and risk mitigation. Chris prides himself on helping others find practical and efficient solutions to legal and business dilemmas.
Chris has particular experience in the pharmaceutical, biotechnology, medical device, mechanical, and chemical industries, as well as consumer products and services. Chris manages complex commercial matters concerning intellectual property, mergers and acquisitions, trade secrets, advertising, commercial disputes, contracts, and antitrust.
- Representative Trial Experience
- Obtained $10.6M judgment and injunctive relief on behalf of national non-profit organization after two-week jury trial in District of New Jersey (2019).
- Defended online content aggregator in four-day copyright infringement jury trial in Southern District of Florida (2019).
- Invalidated trade dress asserted against designer shoe company in ITC action filed by Converse alleging infringement of its Chuck Taylor All Star sneaker design (2015).
- Obtained $6.4M jury verdict for Norwegian skincare and nutritional products company in breach of contract and unfair competition action against U.S. distributor after two-week jury trial in Eastern District of New York (2015). Judgment affirmed by Second Circuit.
- Part of trial team that obtained $12M jury verdict on breach of contract counterclaim after two-week trial in Western District of Pennsylvania on behalf of power plant emissions control equipment company (2010).
- Defeated multiple preliminary injunctions following evidentiary hearings in District of New Jersey on behalf of clients in various industries, from pharmaceutical compositions to consumer goods.
- Representative Transactional Experience
- IP lead in resolving international arbitration for publicly traded medical device company.
- Negotiate IP and commercial agreements arising out of hundreds of legal disputes.
- Represent public and private biotechnology, medical device, and pharmaceutical companies in complex commercial agreements, including license, joint development, material transfer, and asset purchase agreements, whether arising from litigation or merger and acquisition activities.
- Prepare patent due diligence, freedom to operate analyses, and infringement & validity opinions.
- Manage patent portfolios in biotechnology, medical device, pharmaceutical, and mechanical arts.
- Advise clients on brand development and protection.
- Conduct trademark prosecution, portfolio management, clearance assessment, and policing.
- Counsel clients on issues concerning licensing, contract negotiation, joint ventures, advertising law, commercial agreements, new ventures, strategic partnerships, and intellectual property strategies.
- Court Admissions
- U.S. Court of Appeals, Federal Circuit
- U.S. Court of Appeals, Second Circuit
- U.S. Court of Appeals, Third Circuit
- U.S. Court of Appeals, Eleventh Circuit
- U.S. District Court, Northern District of Illinois
- U.S. District Court, District of New Jersey
- U.S. District Court, Southern District of New York
- U.S. District Court, Eastern District of New York
- U.S. District Court, Eastern District of Texas
- Honors & Affiliations
- Named a “New Leader of the Bar” by New Jersey Law Journal (2018)
- Included in a List of “New Jersey Rising Stars” for IP Litigation by Super Lawyers Magazine (2013-2020)
- This award is conferred by Thomson Reuters. A description of the selection methodology can be found at www.superlawyers.com/about/selection_process_detail.html. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.
- Barrister, John C. Lifland American Inn of Court
- Member, American Intellectual Property Law Association
- Presentations & Teaching Experience
- “Applying Ethics & Law,” PRSA Executive Communication Online Series, May 2020
- “Applying Ethics & Law,” PRSA Executive Communication Online Series, May 2019
- “Intellectual Property Essentials,” New Jersey Society of Professional Engineers, December 2018
- “Patent Licensing Agreements,” Lakehurst Small Business Roundtable, January 2018
- “America Invents Act: Micro Entity Status for Institutions of Higher Education,” Fox Rothschild LLP Podcast, January 2012
Christopher R. Kinkade
U.S. Patent and Trademark Office
Seton Hall University School of Law, J.D., 2007
University of Rochester, B.S., 2004
Prior Law Firm Experience
Fox Rothschild LLP
BioArray Solutions, Ltd., Patent Agent