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)

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

U.S. Court of Appeals for the Second Circuit

Profile

Ken Parker is a first-chair trial lawyer who has tried patent, trademark and business cases to verdict. He focuses on patent, trademark, copyright, and trade secrets litigation. Ken previously served as the chair of Haynes and Boone's Intellectual Property Litigation Practice Group.

Ken’s experience and results have been mentioned in the following publications, among others:

  •  “A ‘top litigator’” who is “phenomenal in front of a jury.” World Trademark Review 1000 (WTR 1000), 2016
  • Named a Top IP Lawyer in California, Daily Journal, April 19, 2018
  • A “courtroom doyen” who is “extremely sharp” and can “identify arguments and strategy very quickly.” Word Trademark Review 1000 (WTR 1000), 2017
  • Recognized as securing one of the “Top Defense Results” in California in 2017, Daily Journal, February 21, 2018
  • “With a profound reservoir of IP litigation know-how backing him up, he brings a level head to heated disputes. His rich trial experience makes his arguments particularly cogent and allows him to deal with a trademark conflict at all levels.” World Trademark Review 1000 (WTR 1000), 2018
  • “An experienced federal court litigator with cross-country experience. His experience across a wide range of complex commercial and IP suits has helped him to develop the narrative skills needed to succeed in front of a jury.” World Trademark Review 1000 (WTR 1000), 2015
  • Among team members recognized by Cisco in its “Excellence in Partnering” award in 2017

Ken is AV® Peer Review Rated Preeminent by Martindale-Hubbell Law Directory, is included in the Southern California Super Lawyers, Thomson Reuters, 2012-2017, was rated as a Patent and Trademark Star in 2017, as well as an IP Star, by Managing IP Magazine, Euromoney Institutional Investor PLC, and has been selected as a leading California trademark litigator by World Trademark Review, Globe Business Publishing Ltd., 2013-2018. He was also recognized in The Best Lawyers in America, Woodward/White, Inc., for Litigation – Intellectual Property and Trademark Law in 2017-2018, as well as Orange County’s lawyer of the year in Trademark Law.

Ken's work spans across industries, ranging from semiconductors and medical devices to consumer products. Ken prides himself on leading or working with teams to best serve clients, making complex issues understandable for clients, judges, and juries, and 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.

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.

Honors

World Trademark Review

World Trademark Review Ranks Haynes and Boone in U.S. Top 20

The World Trademark Review 1000 (WTR 1000), a directory of the world’s leading trademark professionals, has again ranked Haynes and Boone among the top 20 trademark practices in the nation and as the preeminent large firm in Texas.

Recognition

Ken Parker

Daily Journal Names Ken Parker a Top IP Lawyer in California

The Daily Journal recognized Haynes and Boone Partner Kenneth Parker as a Top Intellectual Property Lawyer in California for 2018.


Published by Daily Journal Corporation, April 2018.

Honors

Super Lawyers

So Cal Super Lawyers Features Three Haynes and Boone Lawyers

Southern California’s 2018 Super Lawyers, published by Thomson Reuters, has recognized three Haynes and Boone lawyers: Partners Ken Parker and M.C. Sungaila and Counsel Caroline Hurtado Ford.

Newsletter

IP Beacon

The IP Beacon

The IP Beacon is a Haynes and Boone Newsletter highlighting current issues and trends in Intellectual Property Law. Read the latest issue...

Selected Client Representations

Patent (Including ITC 337 Proceedings)
  • Currently pursuing patent infringement claim based on authentication software. (C.D. Cal.)
  • Currently asserting patent infringement in the International Trade Commission on behalf of a manufacturer of blood-test technology. (ITC, S.D. Cal.)
  • Currently defending manufacturer of wireless, Bluetooth™ headsets in the International Trade Commission. (ITC.)
  • Pursued complaint in the International Trade Commission against a competitor on behalf of a manufacturer of blood-test technology, obtaining successful settlement by which the competitor ceased importation entirely. (ITC, C.D. Cal.)
  • Successfully pursued patent infringement claims on behalf of a maker of turbine inlet chilling technology, including by defending IPRs in front of the Patent Trial and Appeals Board. (M.D. Fla., PTAB)
  • Key member of Haynes and Boone team that successfully prosecuting patent infringement claims in multi-district litigation against over ten electric utilities; settled four days before trial. (E.D. Tex., W.D. OK, S.D. Cal.)
  • Successfully defended publicly-traded maker of forward-looking infrared technology against claim of patent infringement in both district court and by pursuing IPR (with other Haynes and Boone lawyers). (M.D. Fla., PTAB.)
  • Tried case representing a Fortune 1000 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 a patent holder asserting patent infringement of laser-related technology. Successfully settled. (D. Del.)
Worldwide Patent Litigation Coordination
  • Currently coordinating enforcement in multiple jurisdictions (European, Asian).
  • Coordinated worldwide IP enforcement for major sports brand company.
Trademark and Trade Dress
  • Obtained an $8.1 million trademark and trade dress infringement jury verdict for Mixed Chicks, LLC. (C.D. Cal.)
  • Obtained seven-figure judgment for Binder & Binder in a trademark infringement case after bench trial; 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).)
  • Defending textile recycler against claim of trademark infringement and dilution. Obtained summary judgment; defending on appeal (C.D. Cal., U.S. Court of Appeals, 9th Circuit.)
  • Pursuing trade dress claims against maker of automobile-related product. (W.D. Pa.)
  • Advising multiple clients on risk avoidance and defensive measures.
  • With partner Richard Rochford, defeated motion for preliminary injunction brought against a publicly-traded company against trademark infringement claims in connection with its retail locations, including by defeating a motion for preliminary injunction. (E.D.N.Y.)
  • Successfully defended seller of consumer products against claims of trademark infringement. (S.D.N.Y.)
  • Successfully pursued trade dress and copyright claims against maker of household decorative items. (E.D.N.Y.)
Representative Complex Commercial Litigation Experience
  • Represented major home developer in jury trial in California Superior Court. (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.)
  • Represented 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 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.)
Trade Secrets
  • Defended dental materials company against claims of trade secret misappropriation. (California Superior Court, Orange County.)
  • Pursued injunction based on confidential information against former contractual partner of client in educational services industry. (California Superior Court, Orange County.)
  • Pursued injunction against high-tech auto-parts maker against former owner. (California Superior Court, Orange County.)
Copyright Litigation
  • Successfully enforced copyrights on behalf of consumer products company. (C.D. Cal.)
  • 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.)

Professional and Community Activities

  • Vice President and Master, Howard T. Markey Intellectual Property 
  • Board and Audit Committee Member, Orangewood Foundation
  • Board Member, Association of Business Trial Lawyers—Orange County Chapter
  • Member, Orange County Bar Association
  • American Intellectual Property Lawyers Association
  • American Bar Association

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