Kal represents clients in complex commercial and intellectual property litigation matters.
On the commercial side, Kal represents clients in a variety of matters including multifaceted contract litigation, fraud defense, derivative actions and other business disputes. Kal also serves as Chair of the firm’s Intellectual Property Litigation Practice Group. Kal leads the firm's efforts in trademark and patent litigation and represents clients in trademark and patent matters spanning a variety of scientific disciplines including computer science and internet applications, bioengineering, electrical technologies and lighting systems, mechanical systems and wireless technologies. Kal handles matters in federal and state courts across the country, including in the Eastern District of Texas. Kal also represents clients in Lanham Act disputes, software license and copyright matters and other related cases.
Representative Experience
- Defended leading lighting distributor in six-year long litigation brought by a multi-billion dollar Japanese LED lighting company claiming patent infringement and seeking tens of millions of dollars. Following a two-week trial, and after just one hour of jury deliberation, Benesch’s IP litigators secured a unanimous verdict of no liability.
- Represented CGB Diversified, a crop insurance provider, in a matter brought by GemCap, an asset based lender, alleging breach of contract and other counts, and seeking over $15 million in damages. Obtained dismissal of all claims that raised complex res judicata issues.*
- Successfully defended clients against claims of trademark infringement and trade secret misappropriation, including related injunction practice.
- Defended Lear against claims of breach of software agreement and discovery violations. Took matter through trial and post-trial briefing to obtain complete defense judgment.
- Defended Orbitz against claim of patent infringement under one patent relating to universal messaging brought by Acacia subsidiary. Obtained finding of non-infringement and ultimately resolved matter favorably.
- Represented CGB Diversified against multi-million dollar claim for breach of contract, fraud and unfair business practices stemming from crop insurance contracts, premiums and underwriting. Obtained dismissal for CGB Diversified through summary judgment.
- Represented Hotwire against allegations of patent infringement under three patents asserted by Niro firm. Convinced Court to stay discovery until certain defenses were litigated. Case ultimately dismissed by Plaintiff.
- Represented Lighting Science Group against allegations of patent infringement under three optics patents brought by Acacia subsidiary. Argued and won invalidity finding during Markman phase resulting in early dismissal with prejudice of entire case.
- Defended Abbott Laboratories, Inc. in a multi-million dollar suit involving complex contract law and collective-bargaining, pension withdrawal liability issues.
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Represented Feit Electric, a global leader in first-to-market lighting innovations against claims of patent infringement by Nichia. The technology relates to the manufacturing process for semiconductor chipsets, known as an LED (Light Emitting Diode) package, used in LED lighting applications.
