Ken Parker

Practices

Industries

Education and Clerkships

J.D., University of Texas at Austin School of Law, 1994, high honors; Vice Chancellor; Order of the Coif; Texas Law Review: Articles Editor (1992-1994), Outstanding Articles Editor (1994)

B.B.A., Management, Texas A&M University, cum laude; University Honors; CBA Fellows Class VIII; Aggie Corps of Cadets (1987-1991), Commanding Officer, Sq. 4 (1990-1991)

Bar Admissions

California, 1996

Court Admissions

U.S. District Court for the Central District of California

U.S. District Court for the Southern District of California

U.S. District Court for the Northern District of California

U.S. District Court for the Eastern District of California

U.S. Court of Appeals for the Ninth Circuit

Profile

Kenneth Parker is a first-chair jury and bench-trial lawyer who has tried patent, trademark and business cases to verdict. His work spans across industries, ranging from semiconductors and medical devices to consumer products and real estate. Ken prides himself on leading or working with teams to best serve clients, making complex issues understandable for clients, judges and juries, obtaining superior results for clients. In addition to litigating in his home state of California, Ken handles cases in courts throughout the country, including patent, trademark, copyright and trade secrets cases. Ken’s most recent jury verdict was an $8.1 million trademark infringement verdict for his client against a publicly-traded defendant.

Ken is proudly involved in his community, including serving as a board member of the Orangewood Children’s Foundation, a director of the Orange County Federal Bar Association, and a Master of the Howard T. Markey Intellectual Property Inn of Court.

Ken is co-leader of Haynes and Boone's Patent Litigation Group, is AV® Peer Review Rated Preeminent by Martindale-Hubbell® Law Directory, is included in the Southern California Super Lawyers, Thomson Reuters, 2012-2014, has been rated as an IP Star by Managing IP Magazine since its inception, and has been selected as a leading California trademark litigator by World Trademark Review, Globe Business Publishing Ltd, 2013-2015.

When Ken is not litigating for clients, he enjoys speaking on issues related to trial tactics and approaches, substantive patent and trademark issues, and providing pro bono work for clients recommended by Orange County's Public Law Center.

Ken is proud to have been a judicial clerk for Chief Judge Gerald Bard Tjoflat of the U.S. Court of Appeals for the Eleventh Circuit from 1994 to 1995.

Professional and Community Activities

  • Member, Orange County Bar Association
  • American Intellectual Property Lawyers Association
  • American Bar Association

Recognition

Managing Intellectual Property magazine

Managing IP Magazine Praises Haynes and Boone IP Practice and Lawyers

Six Haynes and Boone, LLP partners have been named IP Stars, and the Intellectual Property Department has been voted to the top Texas tier in the IP Stars ranking by Managing Intellectual Property Magazine. The magazine also ranked the firm nationally for its litigation work at the USPTO’s Patent Trial and Appeal Board (PTAB).


Published by Euromoney Institutional Investor PLC in July 2015

Selected Client Representations

Representative Patent and Other Intellectual Property Litigation Experience

  • Currently representing a Fortune 500 company defending claims of patent infringement. In defending damages and willfulness phases of trial, obtained court ruling in defendants’ favor on willfulness and obtained $5 million jury verdict in a case where plaintiff sought more than $48 million in damages. (C.D. Cal.)
  • Represented Binder & Binder in a trademark infringement case brought under the Lanham Act; obtained a verdict for the client on all claims, a finding of willfulness, double damages, and a finding that the case was exceptional, resulting in an attorneys' fee award. (97 USPQ 2d 1629, 2011 U.S. Dist. LEXIS 7037 (C.D. Cal. 2011))
  • Represented a patent holder asserting patent infringement of laser-related technology. (D. Del.)
  • Represented manufacturer of golf-related GPS technology in defense of patent infringement suit. (S.D. Fla.)
  • Represented software company defending against claims of patent infringement. (E.D. Tex.)
  • Currently representing chip manufacturer defending against claims of patent infringement. (E.D. Tex.)
  • Represented a chip manufacturer defending claims of patent infringement. (C.D. Cal.)
  • Represented a supplier of tutoring services in defending a trademark infringement claim. (C.D. Cal.)
  • Represented the holder of a patent on photo processing technology in patent infringement suit against photo processor; case settled favorably. (D. Del.)
  • Represented a golf equipment manufacturer in pursuing patent and trademark infringement claims and obtained a stipulated permanent injunction. (S.D. Cal.)
  • Represented an inventor in companion trade secrets theft and patent inventorship correction cases. The cases successfully settled. (D. Del. and California Superior Court, Alameda County.)
  • Represented a nutraceutical patent holder and manufacturer in pursuit of patent infringement claim; case settled after discovery. (C.D. Cal.)
  • Represented software client in the TTAB and, later, in U.S. District Court in trademark infringement and cancellation proceedings. (TTAB and W.D. Tex.)
  • Defended restaurant client as respondent in TTAB trademark cancellation proceeding.
  • Pursued copyright infringement and idea theft claims on behalf of vendor against for-profit hospital; case successfully settled. (California Superior Court, Orange County.)
  • Defended web design company against claims of copyright infringement arising out of use of photos; case successfully settled. (C.D. Cal.)
  • Defended advertiser accused of misappropriation of likeness and invasion of privacy; case successfully settled first day of trial. (California Superior Court, Los Angeles County.)
  • Filed the first case under the Anti-Cybersquatting and Consumer Protection Act. (Heritage Carbide Inc v. Federal Carbide Co., et al, C.D. Cal. 1999.)

Representative Complex Commercial Litigation Experience

  • Represented major home developer in jury trial in California Superior Court in December 2011. (S.D. Superior Ct.)
  • Represented plaintiffs in a case tried to verdict in federal court in December 2009. The case settled favorably while the jury deliberated, and in fact the jury returned its verdict to the bench as the parties informed the judge. The judge sealed the verdict and it remains unknown. (C.D. Cal.)
  • Currently representing Phoenix Life Insurance Company in multiple lawsuits in the U.S. District Court, Southern and Central Districts of California, and Superior Courts of California, Los Angeles County and Santa Barbara Counties.
  • Represented Phoenix Life Insurance in an adversary proceeding brought by bankruptcy debtor; obtained Rule 12(b)(6) dismissal, without leave, on grounds of res judicata/claim preclusion. (C.D. Cal. Bankruptcy Court.)
  • Represented defendant in a RICO action; obtained dismissal, without leave, to amend via Rule 12(c) motion for judgment on the pleadings. (C.D. Cal.)
  • Represented a for-profit secondary education company in suit to enforce exclusive dealing clause; defeated defendant's summary judgment motion, in which defendant unsuccessfully argued that the exclusive dealing clause was an illegal covenant not to compete under California law; case successfully settled after the Court's ruling. (C.D. Cal.)
  • Represented a for-profit secondary education company in suit with national real-estate broker over termination of exclusive services contract. (Superior Court of California, Orange County.)
  • Represented West Coast auto repair vendor in software dispute with vendor in arbitration.
  • Represented a large seller of computer peripherals and accessories in a commercial arbitration in February 2010. The case settled after three days of hearing.
  • Represented a major software developer in a lawsuit over a terminated software development project. Handled all phases of trial and preparation, including direct and cross-examination of material witnesses and experts during the ensuing two-month trial. The developer won a $43 million verdict against the State of California while successfully defending a billion dollar responsive claim. (California Superior Court, Sacramento County.)
  • Represented a corporation in a jury trial in which the plaintiff sought specific performance of an alleged oral agreement with a fellow shareholder. Successfully pressed a counter-claim by the corporation for breach of fiduciary duty. Case settled mid-trial. (California Superior Court, Los Angeles County.)
  • On behalf of an NYSE-traded client, sued and identified an anonymous poster posting alleged defamatory messages on an investors' board. (California Superior Court, Orange County.)
  • Represented an NYSE-traded company in defending allegations that a plaintiff had a partnership interest in the business that the client had acquired. Obtained a complete dismissal of the plaintiff's claims. (California Superior Court, Orange County.)
  • Represented a plaintiff pursuing fraud claims against three defendants in connection with their purchase of shares in a closely held company. Handled all phases of that litigation and pursued the final defendant in bankruptcy court, eventually obtaining a non-dischargeable judgment. (California Superior Court, Orange County.)
  • In a dispute between two 50/50 shareholders of a company, obtained a temporary restraining order and preliminary injunction prohibiting the waste of assets and preventing the defendant president and shareholder from further damaging the company. (California Superior Court, Riverside County.)
  • Represented a minority shareholder of a closely held company and obtained a temporary restraining order forcing the directors in power to run the business in the ordinary course of business and not waste its assets. (California Superior Court, Orange County.) 

Recognition

World Trademark Review

World Trademark Review Applauds Haynes and Boone Trademark Practice

The World Trademark Review has for the third consecutive year awarded Haynes and Boone a gold ranking - the highest possible - in Texas, and a silver ranking nationally, informing its readers that “[w]hen it comes to trademarks, Haynes and Boone sets the gold standard in the Lone Star State.”


Published by Globe Business Publishing Ltd in 2015.

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