Wheeler, Kevin C.

Kevin C. Wheeler

Partner

kevin.wheeler@lw.com
kevin.wheeler@lw.com
    Wheeler, Kevin C.

    Kevin C. Wheeler

    Partner

    kevin.wheeler@lw.com
    “Kevin Wheeler is a unique talent.”

    The Legal 500 US 2020

    Profile

    Kevin Wheeler serves as lead trial counsel for companies of all sizes in their most important, high-stakes intellectual property disputes, most of which encompass numerous jurisdictions and causes of action. He has successfully resolved dozens of competitor disputes, including numerous trials and more than 30 cross-border investigations at the International Trade Commission (ITC), for companies such as Texas Instruments, Netgear, 3M, LG, Microsoft, Apple, SK Hynix, Hyosung, and RIM (now BlackBerry).

    Law360, The National Law Journal, The Legal 500 US, and Super Lawyers have all recognized Kevin as one of the top talents in IP litigation based on his impeccable track record of winning for his clients in their most important intellectual property disputes, on both the offensive and defensive side alike. On the offensive side, Kevin has obtained on behalf of his clients numerous market-altering exclusion orders at the ITC. For example, Kevin served as lead trial counsel for Netgear in its offensive litigation against competitor TP-Link, and after a resounding victory at trial where TP-Link was found to infringe multiple Netgear patents and the ALJ recommended excluding TP-Link from the US market, the case settled favorably for Netgear. The Recorder featured the victory: Latham Secures $135 Million Settlement for Client Netgear in Wi-Fi Patent Dispute.

    By way of example on the defensive side, AmLaw Litigation Daily recognized Kevin in its “Litigator of the Week” recognitions, highlighting a big victory “scored for Senior Technology, one of the Chinese market’s primary suppliers of lithium-ion battery separators — which sounds esoteric, but would impact scores of consumer electronics and electric vehicle companies that incorporate the batteries. Kevin's client was hit with patent and trade secret claims by rival Celgard in the Northern District of California. US District Judge Jon Tigar sided with Senior Technology, denying Celgard’s bids for a TRO and preliminary injunction and granting a motion to dismiss the case against the company’s Chinese parent.” The case settled favorably after the victory, which The Recorder also featured: Latham Supplies Legal Juice to Battery Suppliers.

    Kevin earned his BS in electrical engineering from the University of Maryland and obtained hands-on engineering experience working on the Joint Strike Fighter (JSF) at Northrop Grumman Corporation. 

    Kevin also devotes a portion of his time to pro bono matters, including working with the Children’s Law Center to help foster parents secure guardianship over their at-risk foster children.

    Experience

    Kevin's representative matters include:

    • Lead counsel for Netgear in its dispute with competitor TP-Link relating to wireless mesh networks. The dispute includes two ITC investigations, multiple district court litigations through California, and numerous PTAB and reexamination proceedings
    • Lead counsel for MimirIP and SK Hynix in a dispute with Micron relating to 3D NAND and DRAM memories. The dispute includes two ITC investigations and a separate district court litigation in EDTX
    • Co-lead counsel (after two cases were merged) for YMTC in its dispute with competitor Micron relating to 3D NAND and DRAM memories. The dispute includes a 21 patent case in NDCA as well as numerous PTAB proceedings
    • Lead counsel for Serendia adverse to numerous respondents in a six patent litigation at the International Trade Commission and the District of Delaware relating to RF Microneedling medical devices
    • Lead and global coordinating counsel for Senior Technology in its dispute with competitor Celgard relating to lithium-ion batteries. The global dispute includes trade secret and patent infringement litigation in the Northern District of California, litigation in the United Kingdom, and two litigations in China
    • Lead counsel for AX Wireless adverse to Dell, HP, and Lenovo in an eight patent litigation in the Eastern District of Texas relating to Wi-Fi 6 technology
    • Lead and global coordinating counsel for ImberaTek adverse to Samsung Electronics regarding semiconductor packaging technology. The global dispute included an eight patent litigation in the Eastern District of Texas, five PTAB proceedings, litigation in Germany, and litigation in India. The case settled favorably
    • Lead counsel for Texas Instruments adverse to Nippon Telephone and Telegraph (NTT) in a four patent litigation in the Western District of Texas relating to MIMO wireless technology. The case settled favorably shortly before trial
    • Lead counsel for Ace Battery adverse to competitor Inventus in a trade secret litigation in the Northern District of Illinois relating to rechargeable battery packs. The case settled favorably
    • Lead and global coordinating counsel for Hyosung in its dispute with competitor Diebold relating to advanced automated teller machines. The dispute included three ITC investigations, two Customs IPR proceedings, two US district court litigations, six PTAB proceedings, and four Federal Circuit appeals. The case settled favorably after Hyosung obtained an exclusion order form the ITC and shortly before the fourth trial
    • Co-lead counsel for 3M in its dispute with competitor Nuance relating to speech transcription technology. The dispute included a six patent litigation in the District of Delaware, a four patent litigation in the Northern District of Georgia, 11 PTAB proceedings, and three Federal Circuit appeals. The case settled favorably shortly before the first trial in Delaware
    • Co-lead counsel for Nitride Semiconductors in its dispute with competitor RayVio relating to ultraviolet (UV) light emitting diode (LED) technology. The dispute included patent infringement litigation in the Northern District of California and a PTAB proceeding, and resolved favorably for Nitride Semiconductors after it obtained a default judgment of infringement and validity on the heels of obtaining a favorable ruling in the PTAB proceeding
    • Lead counsel for Synaptive Medical in its dispute with competitor Karl Storz relating to robotic digital microscopy. The dispute included a patent infringement litigation in the Southern District of New York and a PTAB proceeding, and resolved favorably for Synaptive Medical after it successfully stayed the district court litigation and obtained a favorable ruling in the PTAB proceeding
    • Co-lead counsel for LG Chem in its dispute with competitor Celgard relating to lithium-ion batteries. The dispute included patent infringement litigation in the Western District of North Carolina, a PTAB proceeding, and a Federal Circuit appeal, and resolved favorably for LG Chem after it obtained favorable rulings in the Federal Circuit appeal and PTAB proceeding*

    *Matter handled prior to joining Latham

    Qualifications

    Bar Qualification

    • California
    • District of Columbia

    Education

    • JD, George Washington University Law School
    • BS in Electrical Engineering, University of Maryland
      university honors

    Practices

    Industries

    Recognition

    Read More

    News & Insights

    Courtroom
    December 20, 2024 In the News

    South Korean Needle Operation Secures Patent Win at ITC

    The US subsidiary of a South Korean dermatologist’s needle business, represented by Latham & Watkins, convinced a judge at the US International Trade Commission that several rivals in the marketplace for selling microneedles to plastic surgeons are infringing patents.
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