Zoya V. Kovalenko

Prior to joining Kirkland, Zoya was involved in the following matters:

• Represented a global, multi-faceted technology company as appellee in a Federal Circuit appeal of a PTAB decision in an inter partes review (IPR) regarding circuit technology. Drafted the company's principal brief and assisted with oral argument preparation. The Federal Circuit affirmed the PTAB decision.
• Represented a global, multi-faceted technology company as a petitioner before the PTAB in a number of IPRs regarding video encoding. Drafted briefing, including an opposition to a motion to exclude expert evidence, which the PTAB determined in its Final Written Decision was admissible as non-hearsay, or, in the alternative, as falling within the residual exception to the Federal Rules on hearsay. The PTAB favorably determined that the challenged patent claims were invalid.
• Represented another global, multi-faceted technology company as a petitioner before the PTAB in a number of IPRs regarding video encoding. Conducted invalidity analyses for different prior art references and combinations thereof. Drafted an IPR petition and worked alongside expert in preparing declaration.
• Represented an international medical device manufacturer in federal district court and before the ITC. Assisted in deposing competitor's key executive, whose admissions undermined competitor's unsuccessful forum/jurisdiction arguments. Assisted with preparing damages expert in district court litigation for deposition. Assisted with discovery disputes, Markman briefing, pre-hearing briefing, hearing preparation, and post-hearing briefing.
• Represented a global, multi-faceted technology company in district court patent litigation involving video encoding. Worked on invalidity expert report, and the case settled favorably.
• Represented a large medical device manufacturer in an internal trade secret investigation.
• Represented a large manufacturer of telecommunications equipment in federal district court and before the ITC. Performed pre-filing diligence and drafted complaints and motions. Investigated and developed infringement and validity theories and drafted discovery and discovery responses, including infringement contentions. The district court cases and ITC investigation settled favorably after the close of fact discovery in the ITC investigation.