Russell E. Levine, P.C.
Overview
Russell is a Partner at Kirkland & Ellis LLP where he has spent his entire 36+ year career. He focuses his trial, appellate and alternative dispute resolution practice on patent infringement matters and disputes involving and related to technology transfer and patent license agreements. His trial practice includes jury trials, arbitrations and Section 337 proceedings before the U.S. International Trade Commission. His appellate practice concentrates on appeals in the Court of Appeals for the Federal Circuit. His technology transfer and licensing practice includes structuring and negotiating both licensing-in and licensing-out transactions.
Russell has received numerous, year-after-year, accolades for his IP practice. He is included in the current editions of IAM Global Leaders, IAM Strategy 300 and IAM Patent 1000. The 2023 edition of IAM Global Leaders states:
“Russell Levine plays a special role at Kirkland & Ellis as both a top litigator and licensing lawyer. He is a worldly-wise veteran with a profound understanding of the business of intellectual property.”
The 2022 edition of IAM Strategy 300 describes Russell as an:
“accomplished attorney with vast experience in a wide array of IP matters”, including big-ticket litigation and industry-shaping transactions. He’s looked up to by all as a thought and practice leader.”
Similar comments were included in the 2018 edition of IAM Patent 1000:
“Lifelong Kirkland & Ellis lawyer Levine, a patent litigation and dispute resolution all-rounder, routinely garners outstanding feedback from the market: ‘He focuses on what success looks like for your business — this is rare among outside counsel, but Russell has ingrained this approach into his team. Accordingly, he provides advice that is very strategic and practical. He takes an owner mentality to everything he does and tries to keep client costs to a minimum at all stages; he will also advise you against long, drawn-out legal proceedings if he sees a commercial argument for resolution another way. His technical expertise is spotless, too.’”
Previous IAM publications stated that Russell is “one of the market’s stars” and that:
- “Levine is hard-nosed and presses his client’s position to the maximum extent without ever being unreasonable.”
- “He is fantastic and has a knack for breaking down complex subjects to their essentials without getting caught in the weeds. He really knows his audience and how to get points across effectively.”
- He has “a spot in the gold tier.”
- Russell “brings a great sense for clients' IP objectives to the table.”
- He is “well known for the depth of his licensing expertise.”
- “For the most important cases, he is one of the leading figures in Chicago and nationally.”
- “Russell Levine is a pleasure to work with equally for his legal expertise, project management skills, sensitivity to relationship aspects, and zeal for the work he does. He is the best law firm lawyer I have ever worked with.”
- Russell is “always exceptionally well prepared.”
- He is “as good as anyone in terms of risk analysis,” while his “understanding of the legal ramifications of any issue is finely tuned.”
- He can also “sense how others are positioning themselves and is an extremely gifted negotiator and mediator.”
- “With his arbitration experience shining through, he does a fantastic job diffusing the power struggles in negotiations and moving proceedings along with the facts as he lays them out. He has a refined delivery style in court and doesn’t demonstrate the bravado that you often see from litigators. A careful, reasonable thinker, he achieves great results.”
- He is a “decorated litigator and transactional guiding light... whom peers refer to 'without hesitation'.”
Russell also has been recognized by The Legal 500 United States. Comments about him in The Legal 500 include: “With a long track record at the Firm, Russell Levine has built a solid reputation; he has a strong contentious practice but also handles technology transfer and licensing transactions;” he's a “key player” in Kirkland's patent licensing team; he's “a first-class professional that presents himself and the Firm in a down-to-earth manner that always keeps the best interests of the client first;” “Russell comes highly recommended: his strength is in understanding the issues in a business context and seeking creative ways to end litigation;" and he is an “outstanding strategist.”
Russell has been selected by his peers every year since 2008 for inclusion in The Best Lawyers in America in the areas of Litigation — Intellectual Property, Litigation — Patent, and Patent Law. His client comments include:
- “Russell Levine and his team are outstanding; their substantive expertise, service orientation and responsiveness, and case management are impressive, as are the results.”
- “Mr. Russell Levine has great insight into the heart of a matter and the business interests attendant thereto. He is always looking for the solution that will best serve the needs of the client.”
- “Russell has deep experience and expertise, is an outstanding strategist, and is always thoroughly prepared.”
In 2012, he won the International Law Office 2012 Client Choice Award in Litigation for the U.S. The clients ILO interviewed had this to say about Russell:
- “Russell has that unique ability to provide legal advice in a manner that is understandable, practical and useful for our business,”
- “Mr. Levine is constantly reachable and willing to take on tough assignments. He is up to date with the law and able to provide solutions to numerous problems without excessive research,
- “Russell always maintains a keen focus on the client's objectives and need for a business solution to litigation,”
- “Russell stands out as a good communicator. His manner instills confidence when called upon to present matters to the management team.”
Russell has been included in Chambers USA each year since 2008 with comments describing him as having a “strategic and client-oriented mindset,” being "an awe-inspiringly good litigator," "an excellent patent litigator," and "very bright and effective;" and praising him "for delivering pragmatic and well-reasoned legal advice in an understandable, business-friendly way."
Russell is included in Managing Intellectual Property 2022 "IP Stars," as he has been for several years. In a previous edition of IP Stars, a Firm client praised Russell, noting, "We have worked with Russell Levine for several years. I find he has great insight into how to give clear, concise input focused on legal solutions that leverage business needs."
He has been named each year since 2004 by the Leading Lawyers Network to be one of the Top Lawyers in Illinois in Intellectual Property; and based on a statewide nomination process, he has been selected for several years running for inclusion on the Illinois Super Lawyers List. Russell was also named as one of the top thirty patent practitioners in the United States by Expert Guide’s: Best of the Best USA.
Russell was recognized as the 2018 “Lawyer of the Year” for Patent Law in Chicago by Best Lawyers.
Russell is active in bar associations, industry organizations, and his community. He is a Past-President of LES (USA & Canada). He has served on the American Heart Association’s Chicago Board of Directors and was the 2013 Co-Chair for the Metro Chicago Heart Walk. He is a Past-Chair of the President’s Council at Chicago’s Museum of Science and Industry. He also is a Past-Chair of the By-Laws Committee of the Midwest Section of the United States Tennis Association.
Russell is an author and frequent speaker on Intellectual Property issues. For example, he is co-editor (with A. Liberman of Australia and P. Chrocziel of Germany) of “International Licensing and Technology Transfer: Practice and the Law.” This publication started shipping in 2008 and quickly obtained a global audience with copies sold in more than 30 countries across six continents. His “Top 10” workshop at the LES Annual Meeting consistently is standing room only; he has spoken at numerous LES local chapter meetings, LESI National Society meetings, and AUTM meetings; and he has been an instructor in several LES educational courses. For 25 years, Russell taught a course for the Society of Automotive Engineers entitled “Patent Law for Engineers.”
Russell is on the World Intellectual Property Organization's List of Mediators and Arbitrators, he is a member of the CPR Patent Mediation Task Force, he is a Certified Licensing Professional (CLP)*, and he is registered to practice before the United States Patent and Trademark Office, the United States Supreme Court, and numerous Circuit Court of Appeals and District Courts.
*The Supreme Court of Illinois does not recognize certifications of specialties in the practice of law and the CLP™ certification is not a requirement to practice law in Illinois.
More
Thought Leadership
Publications
Levine, R.E., co-editor, “International Licensing and Technology Transfer: Practice and the Law,” Kluwer Law Publishing, Initial release March 2008, updated annually.
Levine, R.E. and Topic, Matthew V., “Using Alternative Dispute Resolution Mechanisms to Resolve Patent Disputes,” Journal of Intellectual Property Law and Practice, Volume 7, Issue 2 (2012).
Levine, R.E., PC, Liro, C.R., and Smith, B., “Who Has Standing to Sue Third-Party Patent Infringers and the Factors Affecting Standing that Every Technology Manager Should Know,” Journal of the Association of University Technology Managers, Volume XIX 2007.
Levine, R.E., “The Benefits of Using the ITC,” Managing Intellectual Property, September 2004.
Levine, R.E., and Coughlan, J., “United States Intellectual Property Litigation and the ITC,” IP Value 2004, Building and Enforcing Property Value, An International Guide for the Boardroom, published by PricewaterhouseCoopers.
Levine, R.E., Leach, G.A., and Collier, P.D., “Established Royalties,” Patent World, May 2002.
Levine, R.E., Alexander, J. I. and Devitt, W., “Ex Parte Patent Practice and the Rights of Third Parties,” 45 American University Law Review 1987.
Krupka, R. G., Swain, P. C. and Levine, R. E., “Section 337 and the GATT: The Problem or the Solution?” 42 American University Law Review 779.
Kirchhoefer, G. and Levine, R. E., “Legal Protection for Computer Software,” Proceedings of the SAE/ESD International Computer Graphics Conference, April 7-9, 1987, SAE Paper No. 870916.
Speeches/Webinars/Presentations
“Intellectual Property and Technology Mediation: Conduct of a Mediation and the Role of the Different Actors,” and “ADR for FRAND/SEP Disputes,” Online WIPO Mediation and Arbitration Workshop, June 14 & 15, 2023
“Is the FRAND & SEP ecosystem fit for purpose?” Panel Moderator, MIP European Intellectual Property and Innovation Summit, London, England, June 8, 2023.
“Standard Essential Patents (SEP) / FRAND Disputes: How SMEs Can Utilize Mediation,” Webinar, WIPO, May 4, 2023.
“Top 10 Court Decisions of the Year Affecting Licensing,” Webinar, Technology Transfer Community Forum (TTCF), May 1, 2023.
“Top 10 Court Decisions of the Year Affecting Licensing,” Webinar, Chief Intellectual Property Council, April 25, 2023.
“Top 10 Mistakes Commonly Made When Drafting and Negotiating Patent License Agreements,” Federal Laboratory Consortium National Meeting, Cleveland, Ohio, March 30, 2023.
“Top 10 Court Decisions of the Year Affecting Licensing,” Presentation, AUTM Annual Meeting, Austin, Texas, February 20, 2023.
“Top 10 Court Decisions of the Year Affecting Licensing,” Webinars, LOT Network, December 1, 2 and 12, 2022.
“Top 10 Court Decisions of the Year 2022 Affecting Licensing,” Webinar, IPO Licensing Committee, December 8, 2022.
“Top 10 Court Decisions of 2022 Affecting Licensing,” Presentation, LES USA & Canada Annual Meeting, San Francisco, October 18, 2022.
“Standard Essential Patents (SEP): Use of Alternative Dispute Resolution for SEP Disputes,” WIPO and US PTO, Webinar, October 6, 2022.
“The ADR Encyclopedia,” Virtual Panel Discussion, IAM SEP Summit, September 21, 2022.
“Global Patent Disputes - FRAND & SEP,” Panel Discussion, MIP European Intellectual Property and Innovation Summit, London, England, June 16, 2022.
“Conduct of a Mediation and the Role of the Different Actors,” WIPO, Webinar, June 8, 2022.
“ADR for FRAND/SEP Disputes,” Webinar, WIPO, June 8, 2022.
“Top 10 Court Decisions of the Year Affecting Licensing,” Presentation, AUTM Annual Meeting, New Orleans, LA, February 23, 2022.
“Conduct of a Mediation and the Role of the Different Actors,” WIPO, Webinar, December 8, 2021.
“Conduct of the Mediation and the Role of the Different Actors,” Webinar, WIPO, December 8, 2021.
“Mediation: Pros/Cons and Practical Experience,” Webinar, WIPO, October 19, 2021.
“Top 10 Court Decisions of the Year Affecting Licensing,” LES USA & Canada Annual Meeting, September 23, 2021.
“Top 10 Mistakes Commonly Made When Drafting and Negotiating Patent License Agreements,” AUTM, Webinar, March 16, 2021.
“Conduct of a Mediation and the Role of the Different Actors,” WIPO, Webinar, December 2, 2020.
“Top 10 Court Decisions of [the year] Affecting Licensing,” Presentation at the Licensing Executives Society Annual Meetings.
“Top 10 Court Decisions of the Year Affecting Licensing,” AUTM Webinar, September 2, 2020.
“Top 10 Mistakes Commonly Made When Drafting and Negotiating Patent License Agreements,” LES Italy Webinar, July 16, 2020.
“Top 10 Court Decisions of the Year Affecting Licensing,” LES Webinar, April 14, 2020.
“Digital Platforms: Innovation, Antitrust, Privacy & The Internet Of Things,” UIC John Marshall, Chicago, IL March 13, 2020.
“Top 10 Court Decisions of 2019 Affecting Licensing,” LES Chapter Meeting, March 12, 2020.
“Top 10 Mistakes Commonly Made When Drafting and Negotiating License,” LESI and UniSMART Seminar, Padua, Italy, February 21, 2020.
“Top 10 Court Decisions of the Year Affecting Licensing,” LES Chapter Meeting, Vancouver, Canada, January 29, 2020.
“Pitfalls And Traps To Avoid When Drafting and Negotiating Patent License Agreements,” Managing Intellectual Property European Patent Forums, Paris, France. September 24, 2019 and Munich, Germany. September 26, 2019.
“Alternative Dispute Resolution of AV Legal Disputes,” Moderator, Judges Panel, AutoLex, Detroit, MI. September 10, 2019.
“Top 10 Mistakes Commonly Made When Drafting and Negotiating Patent License Agreements,” LES Chinese Taipei Meeting, Taipei, Taiwan. July 18, 2019
“Top 10 Court Decisions of the Year Affecting Licensing” LES Chapter Meeting, Madison, Wisconsin, June 20, 2019.
“Top 10 Court Decisions of the Year Affecting Licensing” LES Chapter Meeting, Milwaukee, Wisconsin, June 20, 2019.
“Intellectual Property Dispute Resolution Recent Developments,” WIPO Mediation and Arbitration Workshop, Atlanta, Georgia. March 19, 2019.
“Top 10 Mistakes Commonly Made When Drafting and Negotiating Patent License Agreements,” AUTM Annual Meeting, Austin, TX. February 12, 2019.
"Recent Developments In Alternative Dispute Resolution for SEP Disputes," Presentation at the Managing Intellectual Property 2018 International Patent Forum, London, England. March 7, 2018.
"Intellectual Property Dispute Resolution - Recent Developments in the U.S.," WIPO Mediation and Arbitration Workshop, Munich, Germany. November 9, 2017.
“Enforcement Litigation As A Strategic Tool in Monetization: Lessons From Recent Cases Brought by Operating Companies,” LSI Best Practices in Patent Monetization Conference, San Francisco, CA. March 7, 2014.
“Mistakes Commonly Made When Drafting and Negotiating Patent and Trademark License Agreements,” 2014 Various LES Local Chapters.
“Challenges Associated With, And Strategies For, U.S. Patent Litigation,” LES Asia Pacific Regional Conference, Hangzhou, China. October 16, 2013.
“Patent Litigation in the U.S.: What You Need to Know,” SAE Webinar. May 23, 2012.
“Top 10 Mistakes Commonly Made When Drafting and Negotiating Patent License Agreements,” LES Annual Meeting, Auckland, NZ. April 2, 2012.
“Recent Court Decisions and ADR Cases,” LES Regional Conference, Singapore. November 10, 2011.
“Recent U.S. Court Decisions,” LES Regional Conference, Singapore. November 10, 2011.
“Current Legal Considerations Impacting Licensing,” LES, Boston, MA. September 14, 2011.
“Patent Law for Engineers,” SAE, Detroit, MI. April 11, 2011.
“WIPO Arbitration and Mediation Center World Intellectual Property Organization,” LES Chicago Chapter, Chicago, IL. November 16, 2010.
“Using ADR to Resolve Patent Disputes – A Litigator’s Perspective,” LES Chicago Chapter, Chicago, IL. November 16, 2010.
“Dispute Resolution,” LES Chicago Chapter Meeting, Chicago, IL. November 16, 2010.
“Top 10 Tips About Licensing in 2010,” LES Austin Chapter Meeting, Austin, TX. October 8, 2010.
“Alternative Fee Arrangements” - Panel Discussion at Midwest Law Firm Management Conference, Chicago, IL. September 21, 2010.
“Top 10 Things You Should Know About Patent Infringement Litigation,” Gonzaga University Law School, Spokane, WA. February 18, 2010.
“Using Mediation to Resolve Patent Litigation,” IPO Chat Channel: Webinar Series on Current Topics in IP, Chicago, IL February 4, 2010.
“Pending Legislation Potentially Affecting Patent Damages,” Federal Circuit Bar Association Webinar “Current Issues in Patent Damages Law.” October 13, 2009.
“Patent Litigation in the U.S.: What You Need to Know,” SAE Webinar. June 9 & 11, 2009.
“Alternate Fee Structures in Patent Litigation,” Kirkland & Ellis LLP Client Seminar. May 7, 2009.
“The Federal Circuit’s Decision in Kyocera and its Impact on Remedies in Section 337 Proceedings,” Federal Circuit Bar Association Horizon’s Seminar Series. April 7, 2009.
“Business Impact of the Bilski Decision,” LES Hot Topics Webinar Series. February 10, 2009.
“Legal/IP Insights for Capturing Value in the U.S.” LES Annual Meeting, New Delhi, India. January 29, 2009.
“U.S. Patent Law Reform,” LES Annual Meeting, Chicago, IL. May 6, 2008.
“MedImmune, SanDisk, KSR and Seagate: Will They Forever Change Licensing,” LES Annual Meeting, Vancouver, BC. October 15, 2007.
“Unit License Rights in an Intellectual Property Exchange,” Ocean Tomo Symposium, Chicago, IL. July 17, 2007.
“Experimental Use Rights,” Workshop Moderator, LESI Annual Conference, Zurich, Switzerland. June 18, 2007.
“U.S. Legal Update,” Presentation to the LESI International Delegates, Zurich, Switzerland. June 17, 2007.
“Top 10 Changes in Patent Litigation Affecting Licensing,” LES Spring Meeting, Atlanta, GA. May 17, 2007.
“The Life Cycle of a Patent,” Panel Moderator, IP Law Week at Northwestern University, Chicago, IL. January 9, 2007.
“Patent Litigation before the ITC: The Pros and Cons,” IP Roundtable, Chicago, IL. November 16, 2006.
International Arbitration 1, LES 2006 Annual Meeting, New York, NY. September 13, 2006.
“Licensing and Technology Transfer Models in Traditional Industries,” LESI Pan-European Conference, Glasgow, Scotland. June 21-23, 2006.
“Forum Shopping and IP - What Every Business Needs to Know,” LESI Pan-European Conference, Glasgow, Scotland. June 21-23, 2006.
“Key Legal Issues In Licensing,” LES Technology Transfer Seminar, San Diego, CA. March 2, 2006.
Moderator, “Titans of the Judiciary,” Judges Panel at LES Annual Meeting, Phoenix, AZ. October 18, 2005.
“Patent Pre-Trial Matters,” Practical Tips on Intellectual Property Law, ABA Section of Intellectual Property Law, Arlington, VA. April 13, 2005.
“Controlling Costs in IP Litigation,” Law Education Institute, National CLE Conference, Aspen, CO. January 4, 2005.
“Ethical Issues in IP Litigation,” IPO Annual Meeting, Boston, MA. September 14, 2004.
“Recent Changes in ITC Practice,” The John Marshall Law School, Center for Intellectual Property Law, 48th Annual Conference on Developments in Intellectual Property Law. February 27, 2004.
“Boilerplate Provisions: Are They Worth Fighting Over,” Presentation at LES Winter Meeting, San Francisco, CA. February 13, 2004.
“We Want Your Expert Opinion,” Workshop at LES Annual Meeting, San Diego, CA. September 23, 2003.
Participant in the “Practical Tips Seminar” at The John Marshall Law School, Chicago, IL. September 19, 2003.
“Partnering to Gain Efficiencies and Reduce Costs,” Participant in Martindale-Hubbell’s Counsel to Counsel Forum, Chicago, IL. April 17, 2002.
“Conducting a Pre-Licensing/Pre-Litigation Investigation of a Patent Infringement Claim,” Workshop at LES Annual Meeting, Palm Desert, CA. October 30, 2001.
“Controlling Costs in Patent Infringement Litigation,” Workshop at LES Annual Meeting, Miami, FL. October 26, 1998.
“Recently Enacted Laws and Pending Legislation Affecting Licensing,” LES Annual Meeting, Miami, FL. October 26, 1998.
“License Agreements, Offers to License and Related Documents: What’s Discoverable and What's Admissible,” Workshop at LES Annual Meeting, San Diego, CA. November 5, 1997.
“Established Royalties: When Are They Reasonable,” LES Annual Meeting, Orlando, FL. October 24, 1995.
“Patent Infringement Actions before the ITC,” PLI Program. November 1994.
“The Impact of the New Rules of Civil Procedure in Patent Litigation,” Denver, Colorado. February 1994.
“Trademark Litigation Before the ITC,” Presentation at the Fourth Annual Intellectual Property Litigation Series entitled Enforcing and Litigating Patents and Trademarks, Boston, Massachusetts, September 24, 1991.
Demonstrations
Mediator in an IP Licensing Dispute Mock Mediation, AUTM 2018 Annual Meeting, Phoenix, AZ, February 20, 2018.
Mediator in a mock licensing negotiation, 2017 LESI Thailand Annual Conference, Bangkok, Thailand, February 3, 2017.
Mediator in a mock mediation of a patent license dispute, LES Scandinavia Annual Conference 2016, Helsinki, Finland, September 4, 2016.
Mediator in mock mediation, LESI 2015 Annual Meeting, Brussels, Belgium, April 13, 2015.
Mediator in mock mediation, LES 2014 Mid-Year Meeting, New York, NY. March 27, 2014.
Mediator in mock mediation, AUTM 2012 Annual Meeting, Los Angeles, CA. March 15, 2012.
Counsel in a Mock Examination of an Expert in a Patent Case, Patent Law Symposium IPLAC 2009, Chicago, Illinois. September 25, 2009.
Counsel in a closing argument demonstration, PLI Patent Litigation 2006, Chicago, Illinois. October 24, 2006.
Counsel in a mock jury trial at the ABA Summer IPL Conference, Seattle Washington. June 29, 2001.
Counsel in a Patent Jury Trial Demonstration Program. Add-on at LES Annual Meeting, Maui, Hawaii. October 20, 1994.
Recognition
SAE's Forest R. McFarland Award for 2014. Russell Levine was recognized for 25 years of continuous and dedicated service in delivering the SAE seminar on "Patent Law for Engineers."
American Heart Association's Top Fundraising Runner for 2011, 2012 and 2014
Certified Licensing Professional (CLP)
Memberships & Affiliations
Memberships
Licensing Executives Society
Society of Automotive Engineers
President’s Council, Chicago’s Museum of Science and Industry
Activities
Tokyo Marathon, 2023
Boston Marathon, 2021
Chicago Marathon, 2019, 2014, 2013, 2012 and 2011
New York Marathon, 2019 and 2018
Miami Marathon, 2020, 2019, 2018 and 2015
Manitoba Marathon, 2018
Berlin Marathon, 2017
London Marathon, 2015
Illinois Marathon, 2014
Las Vegas Marathon, 2013
Credentials
Admissions & Qualifications
- 1986, Illinois
- 1993, New York
- 2005, District of Columbia
- Registered to practice before the United States Patent and Trademark Office
Courts
- United States District Court for the Northern District of Illinois1987
- Supreme Court of the United States1991
- United States Court of Appeals for the Federal Circuit1991
- United States Court of Appeals for the Seventh Circuit1991
- United States District Court for the Northern District of Illinois, Trial Bar1992
- United States District Court for the Eastern District of Wisconsin1995
- United States District Court for the Eastern District of Michigan1995
- United States Court of Appeals for the First Circuit2002
- United States District Court for the Southern District of Illinois2006
- United States Court of Appeals for the Third Circuit2006
- United States Court of Appeals for the Fourth Circuit2007
- United States Court of Appeals for the Sixth Circuit2007
- United States Court of Appeals for the Fifth Circuit2007
- United States Court of Appeals for the Ninth Circuit2007
- United States Court of Appeals for the Tenth Circuit2007
- United States Court of Appeals for the Eighth Circuit2007
- United States District Court for the Southern District of New York2007
- United States Court of Federal Claims2009
- United States District Court for the Eastern District of New York2010
- United States District Court for the District of Colorado2011
- United States District Court for the Eastern District of Texas2012
- United States District Court for the Northern District of Indiana2017
- United States Court of Appeals for the Eleventh Circuit2022
- United States District Court for the Western District of Texas2023
Education
- University of Chicago Law SchoolJ.D.1986
- University of Michigan, College of EngineeringB.S.cum laude19821982 Outstanding Engineering Award
- University of Michigan, College of Literature, Science and the ArtsB.S., Economics1982