Representing clients ranging from industry-leading multinational and global enterprises to new and emerging entities, business founders and inventors, Kal Shah combines extraordinary skill, persistence, and creativity, working closely with his clients to resolve complex commercial disputes including significant intellectual property matters both in and out of court.
Kal excels in finding a path forward to achieve his clients’ goals and has secured wins time and again in cases that decisively impact the viability or success of his clients’ businesses.
Complex Commercial Disputes
Trained as a commercial litigator with IP issues as just one realm of litigation, Kal has broad-based knowledge and experience in a variety of business disputes ranging from alleged fraud to breach of contract, breach of fiduciary duty, derivative actions, business divorces, trade secret misappropriation cases, and a host of other matters. He advises clients holistically considering how best to position them for the future but is versed in building a record for trial should it be necessary to go the distance.
Intellectual Property Cases
As chair of the firm’s Intellectual Property Litigation Group, Kal leads the firm’s efforts in representing clients in copyright, trademark, trade secret, and patent matters spanning a variety of scientific disciplines. He has successfully handled multimillion-dollar matters for clients on both sides of the “v.”, including in cases involving medical devices, computer science and internet applications, bioengineering products, chemical substances, semiconductors, lighting circuits and systems, mechanical devices, and wireless technologies to name a few. Additionally, he advises clients not only in litigation but also in licensing deals, joint venture arrangements, and other transactions.
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.
- 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.
- 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 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.
- 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.
- 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 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.
