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Kelly J. Eberspecher

Practice Summary

Mr. Eberspecher’s practice focuses on the litigation of intellectual property matters. He has first-chair experience in both jury and bench trials, and has served as lead counsel in both binding and non-binding alternative dispute resolution proceedings. Mr. Eberspecher’s experience extends to all aspects of pre-trial discovery. In the representation of clients, Mr. Eberspecher has also argued numerous dispositive and non-dispositive motions in both state and federal courts. Mr. Eberspecher’s litigation experience extends to a wide variety of technical areas, including pharmaceuticals (initiated under the Hatch Waxman Act), mechanical inventions, biotechnology, chemical inventions, medical devices and electrical technologies.

In addition to his practice, Mr. Eberspecher also serves as an instructor for the National Institute of Trial Advocacy (NITA®), the nation’s leading provider of legal advocacy skills training.

Mr. Eberspecher is a veteran of the United States Navy where he served as a member of a SEAL team, conducting special operations in support of joint and specified commands.

Honors/Distinctions
  • Leading Intellectual Property Lawyer, Leading Lawyers Network, Law Bulletin Publishing Company, 2010, 2011
  • Illinois Super Lawyers, Intellectual Property Litigation, 2010-2012 
Representative Matters
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  • Pfizer v. Teva, et al., (D. Del. 2009). Represent Sandoz in a patent infringement suit initiated under the Hatch Waxman Act. Litigation involves a generic form of pregabalin.
  • Merck & Co., Inc. v. Sandoz (D.N.J. 2009). Represent Sandoz in a patent infringement suit initiated under the Hatch Waxman Act. Litigation involves a generic form of caspofungin.
  • Astrazeneca v. Sandoz, (D.N.J. 2009). Represent Sandoz in a patent infringement suit initiated under the Hatch Waxman Act. Litigation involves a generic form of esomeprazole.
  • Cook, Inc. v. Endologix, Inc., (S.D. Ind. 2009). Represent Cook in a patent infringement suit involving endovascular stent technology.
  • Amway v. MonaVie, Inc., et al., (D. Utah 2008-Present). Represented Plaintiff in action alleging trade secret misappropriation, tortious interference with contract and false advertising.
  • ICOR Int’l, Inc. v. E.I. DuPont De Nemours & Co., (S.D. Ind. 2010). Represented Plaintiff in action seeking declaratory judgment of non-infringement of certain chemical compositions.
  • Nitro Distributing, Inc. v. Alticor, (W.D. Missouri, Ct. App., 8th Cir. 2003-2010). Represented Defendant in antitrust case alleging violations of §§ 1 and 2 of the Sherman Act. All claims were dismissed on summary judgment, dismissal was affirmed by the 8th Circuit, certiorari was denied by Supreme Court.
  • Transocean Offshore Drilling, Inc. v. Maersk Contractors USA, Inc., (S.D. Tex. 2007-Present). Representing Maersk Contractors in a patent infringement action relating to an apparatus for multi-activity offshore drilling. 
  • Aventis v. Sandoz (C.D. Cal., 2006). Represented Sandoz in a patent infringement suit initiated under the Hatch Waxman Act. Litigation involved a generic form of enoxaparin.
  • Aventis v. Sandoz (D.N.J., 2006). Represented Sandoz in a patent infringement suit initiated under the Hatch Waxman Act. Litigation involved a generic form of enoxaparin. This action was filed in parallel to an action in the Central District of California.
  • Wall, Inc. v. E.S. Robbins, Inc., et al., (W.D. Pa., 2005-2006). Lead counsel for Defendants, including principal, in multi-count action alleging, inter alia, patent infringement, inducement of infringement and Lanham Act violations. Case settled favorably after initial discovery and Court-mandated mediation.
  • JCW Investments, Inc. v. Novelty, Inc., (N.D. Ill., 2002-2003). Represented Plaintiff in obtaining injunctive relief and summary judgment of copyright infringement. Successfully briefed and argued that punitive damage claims under state law were not preempted by Lanham Act. Lower court decision upheld on appeal to Seventh Circuit Court of Appeals.
  • Boston Scientific Corp. and SCIMED Life Systems, Inc. v. Wilson-Cook Medical, Inc., (D. Mass.; Fed. Cir., 2000-2001). Successfully represented Defendant in patent infringement action seeking preliminary injunctive relief. Request for injunctive relief denied after three day evidentiary hearing.
  • Amway Corp. v. The Procter & Gamble Company, et al., (W.D. Mich.; Sixth Cir. Ct. App., 1999-2002). Represented Plaintiff in action arising under various state law and trademark-related claims.
  • In Re Kazadi, (Immigration Court, 2002). Lead counsel for citizen of Democratic Republic of Congo. Mr. Eberspecher represented client on a pro bono basis. Bench trial resulted in grant of asylum for client.
Memberships & Affiliations
  • American Bar Association – Vice Chair, Economics of the Profession Committee, Intellectual Property Section
  • Federal Circuit Bar Association
  • Intellectual Property Law Association of Chicago
  • Illinois Trial Lawyers Association
Legal Experience

Brinks Hofer Gilson & Lione, Chicago, Illinois
Shareholder, 2008-Present
Associate, 1998-2002; 2006-2007

Strellis & Field, Chtd., Chicago, Illinois
2003-2005

Competition Law Group, Chicago, Illinois
2002-2003