Nyemaster Goode, P.C.
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Allison E. Kerndt

Allison Kerndt is a shareholder in the firm's Intellectual Property Department and Litigation Department.  Allison focuses her practice on advising clients ranging from start-ups to multinational corporations on issues related to the management of their intellectual property portfolios.  Her experience spans a wide range of technical areas, including pharmaceutical, chemical, and cosmetic arts, biomedical devices, electronic devices, and business methods.  She is experienced in the preparation and prosecution of patent and trademark applications and registered to practice before the United States Patent and Trademark Office.  She also regularly advises clients on issues involving the international protection of their intellectual property assets and has experience appearing before the U.S. International Trade Commission.

Allison served as a judicial clerk to Chief Judge Randall R. Rader (Ret.) on the United States Court of Appeals for the Federal Circuit.  She formerly practiced with Covington & Burling LLP, in Washington, D.C.  She began her legal career at Finnegan Henderson, an intellectual property boutique law firm in Washington, D.C.

Recognition

Washington, D.C., Super Lawyers, IP Litigation Rising Star, 2014

Super Lawyers, 2017

Professional and Community Affiliations

American Bar Association

Iowa State Bar Association
Intellectual Property Section Council, Legislative Committee Co-Chair

Polk County Bar Association

American Intellectual Property Law Association

Iowa Intellectual Property Law Association

Member, The University of Iowa Alumni Association

Intellectual Property Advisory Board, Indiana University Maurer School of Law

 

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Education

University of Iowa (B.S.E., Chemical Engineering, with honors, 2002; J.D., with distinction, 2005)

Academic Achievements

Editor in Chief, Journal of Corporation Law, 2004-2005

University of Iowa College of Law Merit Scholar

Willard L. Boyd Public Service Award Recipient, 2005

Bar Admissions

Iowa, 2005

District of Columbia, 2006

U.S. Patent and Trademark Office

Professional Experience

Special Counsel, Davis Brown Law Firm, 2015-2017

Associate, Covington & Burling LLP, 2009-2014

Law Clerk, Hon. Randall R. Rader, U.S. Court of Appeals for the Federal Circuit, 2008-2009

Associate, Finnegan Henderson Farabow Garrett & Dunner LLP, 2005-2008

Significant Cases

In the Matter of Certain Food Supplements and Vitamins Including Ocular Antioxidants and Components Thereof, Investigation No. 337-TA-1027 (U.S. International Trade Commission) and OmniActive Health Technologies, Inc. v. Kemin Industries, Inc., 216cv04988 (D. N.J.). Represented Complainant Kemin Industries, Inc. in a patent infringement litigation before the ITC and the U.S. District Court for the District of New Jersey, involving ocular antioxidants. 

JT&O Technologies, LLC v. Continental Technologies, Inc. d/b/a Extreme Outdoor Products et al. (E.D. Tenn.). Represented Defendants Dick’s Sporting Goods and XOP in patent litigation concerning tree stands.

Swanson v. ALZA Corp. (N.D. Cal.). Represented ALZA Corp., a Johnson & Johnson subsidiary, in an inventorship dispute pending in the U.S. District Court for the Northern District of California, where ALZA Corp. prevailed on summary judgment.

Deere & Company v. Duroc LLC et al. (S.D. Iowa). Represented Deere & Company in a patent infringement trial concerning dual deck flex-wing rotary cutters in the U.S. District Court for the Southern District of Iowa.

Association for Molecular Pathology v. Myriad Genetics , No. 20101406 (Fed. Cir.). Represented Pharmaceutical Research and Manufacturers of America (PhRMA) as amicus curiae before the United States Supreme Court and the United States Court of Appeals for the Federal Circuit concerning the patent eligibility of isolated human genes.

Augme Technologies, Inc. v. Gannett Co., Inc. et al. (S.D.N.Y.); Augme Technologies, Inc. v. AOL Inc. et al. (S.D.N.Y.); and Augme Technologies, Inc. v. Tacoda, Inc. (S.D.N.Y.). Represented AOL in three related patent infringement cases where the plaintiff asserted four patents against AOL’s targeted web advertising technology.

Garnet Digital, LLC v. Apple, Inc. et al. (E.D. Tex.). Represented Hewlett-Packard in patent litigation brought by Garnet Digital involving technology related to video streaming on a mobile device.

King Pharmaceuticals Inc. et al. v. Teva Parenteral Medicines Inc. (D. Del.). Represented King Pharmaceuticals in patent litigation against Teva enforcing King’s patents, which covered King’s life-saving EpiPen® Auto-Injector products.

Nomadix, Inc. v. Hewlett-Packard Company, et al., 09cv8441 (C.D. Cal.). Represented Hewlett-Packard in a patent infringement case involving patents concerning network gateway devices.

MedioStream, Inc. v. Microsoft Corp et al., 3:11cv2525 (N.D. Cal.). Represented Microsoft Corp. in a patent litigation action involving patents concerning multimedia conversion technology.

In the Matter of Certain Wireless Communication Devices and Systems, Components Thereof, and Products Containing Same, Investigation No. 337-TA-775 (U.S. International Trade Commission). Successful representation of Hewlett-Packard and Apple Inc. in patent infringement litigation involving wireless communication systems, resulting in complainant withdrawing its complaint.

Represented a pharmaceutical research company in Hatch-Waxman litigation against multiple defendants in multiple federal courts.

Advised client regarding technology transfer agreement and related Bayh-Dole issues.

Performed due diligence and pre-litigation assessment of patent portfolio on behalf of an ecommerce company.

Provided client counseling and due diligence opinion to a pharmaceutical research company concerning submissions to the Food and Drug Administration.

Representation of a seed manufacturer in litigation related to genetically modified crops, involving patent, antitrust, and breach of contract claims.

In the Matter of Certain Electronic Devices Including Handheld Wireless Communication Devices, Investigation No. 337-TA-673 (U.S. International Trade Commission). Represented Respondent Samsung in Patent infringement litigation before the ITC involving handheld wireless devices.

Represented a pharmaceutical research company in Hatch-Waxman litigation related to a pharmacologic stress agent.

Speeches and Publications

Bringing and Defending Willful Infringement Claims, Iowa State Bar Association CLE (June 2018)

Patents and the Supreme Court, Drake University Law School Intellectual Property Law CLE (March 2016).

Non-Practicing Entities, Iowa Chapter, Association of Corporate Counsel (February 2016).

Legal Considerations for Immigrant Entrepreneurs, Immigrant Entrepreneurship Summit (November 2015, November 2016).

Women in Technology (Panel Discussion), Microsoft Digigirlz Workshop for high school girls (November 2015).

Patent Trolls, Business Law CLE, University of Iowa College of Law (November 2015).

Judges Panel Markman Hearing and Q & A (with Judge Jarvey and Jeff Harty), Iowa Intellectual Property Law Association (October 2015).

The Federal Circuit: Guardian of Our Intellectual Property Crown Jewels, ABA Section of Litigation Annual Conference (April 2012).

Preparing for and Arguing Patent Appeals Before the Federal Circuit, Center for Intellectual Property and Innovation, Indiana University Maurer School of Law (February 2012).

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