Kristin M. Whidby

Counsel

kwhidby@villegascefo.com | 646.844.1056

  • Content Management System Trade Secret Case

    Defended headless CMS and digital experience platform and a former employee of the plaintiff against allegations of stealing trade secrets and other confidential information, and breaching non-compete and non-solicitation provisions.  The matter settled on favorable terms.

     

    Copyright Infringing Advertisements on Social Media Platform

    Represented proposed class action plaintiff in suit against social media platform regarding advertising on its site that infringes copyrights to promote counterfeit products.  This matter is ongoing.

     

    Smart Devices Patent Disputes

    Represented patent owner in multiple patent suits against infringers utilizing its patents pertaining to hardware, software and other functionality of smart watches and other personal monitoring apparatuses.  These matters were settled on favorable terms.

     

    Supply Chain Data Tagging Patent Dispute

    Represented patent owner in patent litigation against infringer utilizing its patents to improve the readability, efficiency, and effectiveness of data tags in supply chain management.  This matter settled on favorable terms.

     

    Logistics Systems Patent Disputes

    Represented patent owner in multiple patent suits against infringers utilizing its patents pertaining to the improved performance and reliability of cargo tracking systems.  These matters were settled on favorable terms.

     

    Hotel Keyless Entry Systems Patent Disputes

    Represented patent owner in multiple patent suits against infringers utilizing its patents pertaining to hotel keyless entry systems.  These matters were settled on favorable terms.

     

    Digital Video Processing Systems Patent Disputes

    Represented patent owner in patent dispute regarding the sub-pixel frame rate conversion process utilized by digital video processing systems.  This matter is ongoing.

     

    MIMO System Architecture Patent Disputes

    Represented patent owner in multiple patent suits against infringers utilizing its patents pertaining to improving wireless communications systems to solve MIMO cross-talk interference problems.  These matters were settled on favorable terms.

     

    Wireless Communication Interoperability Protocols Patent Dispute

    Represented patent owner in multiple patent disputes against infringers utilizing its patents pertaining to interoperability protocols between different wireless communication methods, such as wireless and Bluetooth.  These matters were settled on favorable terms.

     

    Pharmaceutical Patent Dispute

    Defended brand name pharmaceutical manufacturer in high-stakes Hatch-Waxman litigation over the abuse-deterrent formulation of an extended-release, once-daily opioid analgesic.  This matter was successfully resolved.

     

    Pharmaceutical Patent Dispute

    Defended brand name pharmaceutical manufacturer in high-stakes Hatch-Waxman litigation over antiviral medication.  The matter was successfully resolved and the generic manufacturer agreed to delay the launch of its generic product. 

     

    Biotechnology Due Diligence

    Performed due diligence for acquirer in a merger and acquisition that included several patents related to a bioresorbable stent.  This transaction was successfully concluded. 

     

    Mobile Device Applications Patent Disputes

    Represented patent owner in multiple patent suits against infringers utilizing its patents pertaining to the use of mapping content by non-mapping applications on mobile devices.  These matters were settled on favorable terms.

     

    Patent License Contract Dispute Involving Nuclear Technology

    Represented patent owner in a dispute regarding breaches of a patent license, which had allowed the licensee to use certain propriety commercial nuclear technology.  This matter was settled on favorable terms.

     

     

     

    Embedded Security Threads in Currency

    Represented patent owner in dispute against U.S. Government and embedded security thread manufacturer regarding their infringement of certain patents related to the use of micro-mirrors in a visual display assembly to create floating images on two different planes.  This matter is ongoing.

     

    Digital Paywall Systems Patent Disputes

    Represented patent owner in multiple patent suits against infringers utilizing its patents to operate paywalls and similar functions that allow users to use, access, view, and purchase digital content and information from websites.  These matters were settled on favorable terms. 

     

    Data Authentication Patent Disputes

    Represented patent owner in multiple patent suits against infringers utilizing its patents pertaining to improved methods to permit authorized users to gain secure access to information in a networked environment.  The matters were settled on favorable terms.

     

    Data Activity Tracking Patent Disputes

    Represented patent owner in multiple patent suits against infringers utilizing its patents pertaining to methods of monitoring online data usage, such as cookies.  These matters were settled on favorable terms. 

     

    Interactive 3-D Interior Design Systems Patent Dispute

    Represented patent owners in multiple patent suits against infringers utilizing its patents related to methods and apparatuses for generating and rendering a photorealistic 3D perspective view of a 3D object that can be selectively positioned and manipulated within a 3D scene.  These matters were settled on favorable terms.

     

    Patent Disputes Involving Internet Functionality

    Represented patent owner in multiple patent suits against infringers utilizing its patents pertaining to software and functionality that allows an internet browser to operate and display web browser functions, including group bookmarking and web page zooming.  These matters were settled on favorable terms. 

     

    Contact Lens Patent Dispute

    Represented inventor in a patent suit for infringement of a patent related to contact lens design.  Obtained a favorable ruling following a bench trial.

     

    Night Vision International Arbitration

    Defended major global provider of integrated cockpit systems for civil and military aerospace against allegations of infringement of a U.S. Patent and a French Patent related to night vision headsets.  The allegations regarding the U.S. Patent were successfully dismissed, and only nominal damages were awarded regarding the French Patent. 

     

    Table Saw Patent Dispute

    Represented patent owner and table saw manufacturer in patent actions against two national home improvement retail companies based on their importation and sale of table saws that infringed patent owners’ patent related to riving knife assemblies.  These matters were settled on favorable terms.

     

    Vehicle Seat Patent Dispute

    Represented inventor in patent action against national car manufacturer for its use of infringing vehicle seats with storage capacity.  This matter is ongoing.

     

    Induction Cooktop Patent Dispute

    Represented inventor in multiple patent disputes against infringers utilizing his patents regarding active foodware systems, such as induction cooktops.  Most matters have been settled on favorable terms, but some are ongoing.

  • June 22, 2018

    Fried Frank Intellectual Property Client Alert – Supreme Court Rules that Patentee Can Recover Lost Foreign Profits Arising from U.S. Infringement

    December 7, 2016

    U.S. Supreme Court Issues Samsung v. Apple Opinion – “Article of Manufacture” Can Be Less than an Entire Multicomponent Product

    October 28, 2016

    State of the IP Union: Addressing the Hot Topics of Today for Tomorrow’s Business

    CLE Paper for panel session at the AIPLA Annual Meeting

    October 14, 2016

    U.S. Supreme Court Hears Oral Arguments in Samsung v. Apple Design Patent Case

    October 10, 2016

    FTC Releases Report on Patent Assertion Entities (PAEs); Recommends Patent Litigation Reforms

    June 29, 2016

    No Bridge Over the Troubled Waters of Section 101, https://ipwatchdog.com/2016/06/29/no-bridge-troubled-waters-section-101/id=70330/

    IPWatchdog

    May 2016

    The Rise of the “Super” Patent

    Intellectual Property Magazine

    June 24, 2015

    AIPLA supports en banc rehearing in Akamai v. Limelight on single entity infringement rule, https://ipwatchdog.com/2015/06/24/aipla-supports-en-banc-rehearing-in-akamai-limelight/id=59031/

    IPWatchdog

    June 23, 2015

    Brulotte Rule Upheld Despite Suspect Economic Rationale

    Law360

    June 2015

    The Federal Circuit clarifies the Katz exception to the general rule requiring disclosure of algorithms for means-plus-function software claims

    AIPPI Newsletter

    December 2014

    The Use of the Internet is Not Sufficient to Transform an Abstract Idea into Patent-Eligible Subject Matter under Current U.S. Law

    AIPPI Newsletter

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Kristin Whidby has broad experience in several areas, including intellectual property litigation, real estate and land use disputes, securities litigation, class action, and complex commercial litigation.

Kristin focuses her practice on intellectual property litigation, where she has substantial experience in patent, trade secret, and copyright matters, with an emphasis on patent litigation.  She has represented both patentees and accused infringers in disputes concerning a wide array of technologies, including but not limited to: artificial intelligence; smart devices; supply chain and logistics systems; hotel keyless entry systems; digital video processing systems; MIMO system architecture; pharmaceuticals; chemicals; biotechnology; mobile device applications; nuclear technology; embedded security threads in currency; internet browser functionality and operations; computer science; contact lenses; night vision; table saws; vehicle seats; induction cooktops; and many other mechanical fields.

For more than a decade, Kristin has litigated matters throughout the country, including in Texas, California, New York, Virginia, Florida, and Washington, D.C.  She also has appellate and post-grant proceeding experience before the Patent Trial and Appeals Board (including AIA inter partes review), the U.S. Court of Appeals for the Federal Circuit, and the U.S. Supreme Court.  Kristin has also litigated intellectual property issues in international arbitrations. 

In addition to patent litigation, Kristin has extensive experience assisting clients with patent opinion work, pre-litigation counseling, patent portfolio evaluation, due diligence, and contract negotiations.

Previously, Kristin was counsel at both Fried, Frank, Harris, Shriver & Jacobson LLP and Rozier Hardt McDonough PLLC.  Kristin clerked for the Honorable Chief Judge Andrew Effron of the U.S. Court of Appeals for the Armed Forces from 2008-2009. 

Education

  • Georgetown University Law Center, Juris Doctor Degree, cum laude (2008)

  • University of Florida, B.S. in Chemistry, cum laude (2005)

  • University of Florida, B.A. in Criminology, cum laude (2005)

Admissions

  • United States Supreme Court

  • U.S. Court of Appeals for the Federal Circuit

  • U.S. Court of Appeals for the Second Circuit

  • U.S. Court of Appeals for the Armed Forces

  • U.S. District Court for the Eastern District of Texas

  • U.S. District Court for the Southern District of Florida

  • U.S. District Court for the Middle District of Florida

  • U.S. District Court for the District of Columbia

  • U.S. District Court for the Southern District of New York

  • U.S. Patent and Trademark Office

  • New York

  • District of Columbia

  • Florida

  • Virginia

Professional Activities

  • American Bar Association

  • American Intellectual Property Law Association (AIPLA)

  • International Association for the Protection of Intellectual Property (AIPPI)

  • Virginia State Bar

Accolades

  • 2019 Florida Bar President’s out-of-state Pro Bono Service Award

    2023 ABA Family Law Section Jean Crowe Pro Bono Award