Education
1977 Colby College, B.A. dual majors: Chemistry (with certification from the American Chemical Society) and Government
1980 Case Western Reserve University, Juris Doctor
Professional Concentration
IP Litigation
IP Counseling
Patent Prosecution
Legal Opinions
IP Transactions
International IP Protection
Technical Areas
Biotechnology
Chemical Technology
Pharmaceuticals
Bar Admissions
District of Columbia
U.S. Patent & Trademark Office
Court Admissions
U.S. Supreme Court
U.S. Court of Appeals for the District of Columbia and Federal Circuit
Numerous U.S. District Courts
Professional Associations
American Bar Association
American Intellectual Property Law Association
Federal Circuit Bar Association
Patent & Trademark Institute of Canada (1991-96)
Society of Plastics Engineers (1988-99)
Licensing Executives Society
International Trade Commission Trial Lawyers Association
Advisory Board, CHEMTECH/CHEMICAL INNOVATION publications (1994-2001)

Kendrew H. Colton

Kendrew H. Colton
Partner

Washington, DC office
Suite 750 South
1120 20th Street, NW
Washington, DC 20036
Tel: 202.419.7000
Fax: 202.419.7007
Ken serves the intellectual property needs of his clients in established and emerging technologies. His primary focus is on chemistry, where his extensive experience in a variety of chemical and biochemical technologies ranges from agrochemicals to zeolites.

Ken's intellectual property litigation experience is quite varied as it extends across the spectrum of patent infringement, contract (licensing) disputes, copyrights (software), unfair competition, trade secrets, and Environmental Protection Agency contract awards. He has also been on amicus curiae briefs in such precedent-setting cases as Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co., Ltd., 122 S.Ct. 1831 (2002); A.C. Ackerman Co. v. R.L. Chaides Construction Co., 960 F.2d 1020 (Fed. Cir. 1992) (en banc); and Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co., Ltd., 234 F.3d 558 (Fed. Cir) (en banc), reversed 122 S.Ct. 1831 (2002).

Clients regularly seek Ken's counsel for securing, protecting, transferring, licensing and enhancing the value of their intellectual property. In addition, clients frequently call upon him to render patentability, validity, and infringement opinions. He has conducted intellectual property audits. He is also well versed in all phases of patent prosecution including re-examination proceedings, patent interferences, and applications to re-issue U.S. patents. He is experienced with patent term extensions and related ANDA patent certification procedures. He recently served as a court appointed Special Intellectual Property Counsel to the Trustee in a contested bankruptcy matter.

Domestic and foreign clients, industry groups, scientific organizations, universities and government agencies have invited Ken to lecture on a variety of intellectual property and business strategy topics. Additionally, he was an instructor in the Patent Resources Group Advanced Application & Amendment Writing Workshop. Ken is regularly quoted by business and legal publications on patent litigation developments, as well as by chemical trade journals on chemical patent practice.

From the mid-1980s to 1998, Ken taught in the Cushman Darby & Cushman Annual Intellectual Property Seminar. His numerous published articles in internationally recognized journals include: "The Solo Inventor Strikes Back", "Keeping America competitive: U.S. House of Representatives passes the American Inventors Protection Act of 1999", "Patent Law Developments in the United States Court of Appeals for the Federal Circuit During 1992", "Generic Animal Drug Patent Term Extension Act of 1988", "An Overview, New Judicial Interpretation of Product-By-Process Claims", "Patent Pitfalls in Government Procurement", "Can Terminal Disclaimers Operate as an Estoppel or Prior Art Admission in Patent Litigation", "Experimental Use as an Exception or Defense to Patent Infringement" and "An Introductory Comment on Patenting Chiral Compounds", among others.