Adam R Alper is a member of the IP litigation practice group of Kirkland & Ellis LLP with a primary focus on patent disputes. He has substantial experience representing clients in high-stakes patent litigation involving major entities in the semiconductor, telecommunications, computer hardware and pharmaceutical industries, particularly in cases involving standards and reasonable and non-discriminatory (RAND) licensing. Mr Alper also has experience with trade secret disputes in high-tech industries.
Mr Alper’s practice involves handling significant disputes, including trials, with respect to both asserting patents and defending patent assertions. His perspective on case strategy involves more than just a focus on winning the traditional patent issues facing clients (eg, infringement and validity), but also other creative means of achieving clients’ goals.
Mr Alper has been recognised in The Recorder’s Litigation Department of the Year Awards as a Ground Breaker, in the National Law Journal’s 2015 IP Hot List and in the Daily Journal’s Top 75 IP Litigators in California in 2012, 2014 and 2016. He has been named a leading lawyer by Chambers USA and the Legal 500 US.
Recently, Mr Alper defended Energy Labs Inc in a jury trial against Nortek Air Solutions in which the jury’s verdict was a complete victory, finding no infringement of any of the asserted claims from six different patents and a majority of asserted claims invalid. This bet-the-company litigation against a much larger competitor was profiled in the AmLaw Litigation Daily’s Litigator of the Week.
Mr Alper represented numerous major WiFi equipment manufacturers and their customers in the precedent-setting In re Innovatio IP Ventures LLC Patent Litigation, which after two trials resulted in significant court orders setting guidelines and methodologies for determining patent essentiality and RAND royalty rates.
He also has experience in the regulatory context, and has been involved in key patent policy disputes involving standards-setting organisations in the United States and abroad, as well as federal agencies such as the Department of Justice and the Federal Trade Commission.
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