Kal K. Shah
Professional Profile
Kal Shah's practice at Kirkland & Ellis LLP is focused primarily on intellectual property, with emphasis on patent litigation. Kal represents both plaintiffs and defendants in litigation of varying complexity ranging from single patent matters to multi-discipline, multi-jurisdictional cases. While formally trained in the biomedical sciences, Kal successfully has litigated matters involving a broad spectrum of technologies including: antigen/antibody immunoassays, wireless telephone and email technology, surgical implants, and lighting circuits for electronic ballasts and compact fluorescent lighting. Kal's practice extends to federal district and appellate courts across the country as well as alternative dispute resolution. By way of example, Kal has litigated cases in the Northern District of Illinois, the Eastern District of Texas, the District of Massachusetts, the Seventh Circuit and the Federal Circuit.
Below are some highlights from cases in which Kal played a significant role:
- Confidential Arbitration (February 2009): Kirkland & Ellis represented a major corporate client in a confidential arbitration stemming from a technology agreement dispute. After a short and aggressive discovery schedule, the parties participated in a week long arbitration hearing involving six fact witnesses and two experts in the field of antigens and antibodies. Kal presented the testimony of several client witnesses, including the client's expert, and he cross-examined two opposing witnesses. In February 2009, the arbitrator issued a final ruling in our client's favor on all substantive issues.
- Arbitron Inc., v. Ipsos S.A., et al., Case No. 2:06-cv-434 (E.D. Tex): Kirkland & Ellis defended Ipsos against infringement claims arising from three Arbitron patents in the field of portable audience measurement technology. The case involved contentious and complex claim construction disputes. At the claim construction hearing, Kal argued Ipsos' position on one of the three patents and successfully convinced the Court to adopt a favorable construction for a dispositive limitation of the patent. The case settled shortly after the claim construction ruling was issued.
- Nilssen v. Osram Sylvania, Inc., 440 F.Supp.2d 884 (N.D.Ill. 2006): Kirkland & Ellis defended Osram Sylvania against claims by Ole Nilssen of patent infringement of over 20 patents relating to electronic ballast and CFL technologies. After a lengthy bench trial, during which Kal presented the testimony of Osram's key technical witness, the district court judge held that Mr. Nilssen had engaged in four different types of inequitable conduct rendering unenforceable all patents-in-suit. The Federal Circuit subsequently affirmed, 504 F.3d 1223, and the Supreme Court denied certiorari. In addition, the Kirkland team convinced the district court that the case was exceptional and warranted an award of attorneys fees to Osram; that ruling was affirmed.
- CytoLogix Corp. v. Ventana Medical Systems, Inc., Case Nos. 00-12231-RWZ and 01-10178-RWZ (D. Mass.): Kal represented Ventana against CytoLogix in a longstanding, bitter patent infringement dispute. Kirkland & Ellis became involved in the damages phase of the litigation, another firm represented Ventana in the liability phase of the case. After a three week trial, a second jury rejected CytoLogix' claim for over $100 million in damages and awarded only $10.7 million.
- In re UAL Corp. et al., Case No. 02 B 48191 (Adv. Pro. No. 03 A 03927): Kirkland & Ellis represented UAL Corp. in this declaratory judgment action against the City of Chicago. During a bench trial on certain evidentiary issues, Kal conducted direct examinations of three UAL witnesses, including UAL's expert witness, and he also cross-examined several opposing witnesses. The bankruptcy court ultimately held overwhelmingly in favor of UAL.
Prior Experience
Abbott Laboratories
Quality Control Engineer: Various Divisions: Fall 1995 to January 1999
Kal joined Abbott as a member of their Quality Professional Development Program in 1995. As part of this program, Kal worked in various capacities at Abbott, including with nutritional products at Ross Laboratories in Ohio and the manufacture and testing of ambulatory pumps with Abbott San Diego. After completing the QPDP program, Kal was promoted to Flex Line Manufacturing Supervisor in Abbott's Hospital Products Division (1997) where he supervised over 60 employees in manufacturing intravenous flex-bag products. Kal was then promoted to Validation Engineer for the Diagnostic Division (1998), and validated sterilizers, filling lines, air systems and environmental chambers.
Courts
Northern District of Illinois, 2002 (Member of Trial Bar as of 2006)
Eastern District of Wisconsin, 2002
Western District of Tennessee, 2007
Seventh Circuit Court of Appeals, 2005
U.S. Court of Appeals for the Federal Circuit, 2006
