Recognized in Best Lawyers since 2014 
For more than 20 years, Kelly Kubasta has focused his practice on helping clients develop, protect, leverage, and enforce intellectual property strategies that support their competitive position. He works with clients to identify the intellectual property assets that matter most to their business and to implement practical, efficient strategies for protecting and maximizing their value.
Kelly advises clients across the full range of intellectual property assets, including patents, trademarks, service marks, trade dress, copyrights, and trade secrets. His work includes developing and maintaining domestic and international IP portfolios, monetizing intellectual property through technology and commercial transactions, and enforcing or defending IP rights in litigation and administrative proceedings.
His transactional experience includes software licenses, Software as a Service agreements, joint marketing agreements, joint development agreements, and manufacturing and distribution agreements. On the disputes side, Kelly handles patent, trademark, and unfair competition litigation, patent validity proceedings before the Patent Trial and Appeal Board, and trademark opposition and cancellation proceedings before the Trademark Trial and Appeal Board.
Kelly brings a broad intellectual property perspective to each matter, combining legal analysis with a clear understanding of the client’s business objectives. He works to identify the key issues, refine the strategy, and pursue approaches that strengthen both short-term priorities and long-term competitive advantages.
As a registered patent attorney with the United States Patent and Trademark Office, Kelly counsels clients on strategic patent portfolio management across a wide range of technologies. His experience includes matters involving automotive technology, computer software, consumer goods, consumer electronics, telecommunications, energy exploration and production, medical products, nutraceuticals, and water filtration.
Kelly regularly handles patent validity disputes before the PTAB and patent infringement and validity disputes in federal court. This experience gives him a practical perspective on patent prosecution, enforcement, and defense, allowing him to help clients build patent portfolios designed for validity, enforceability, and measurable business value.
Kelly also devotes a substantial portion of his practice to trademark and branding matters. He advises clients on domestic and international trademark portfolio development and maintenance, trademark clearance, licensing, monetization, and disputes involving trademark and trade dress rights. His experience includes TTAB opposition and cancellation proceedings, pre-suit demands, settlement agreements, and trademark litigation in federal and state courts.
Kelly has been recognized in The Best Lawyers in America® for Commercial Litigation and Litigation, Intellectual Property from 2014 through 2022. He has also been named a Texas Super Lawyer for Intellectual Property from 2011 through 2022 and selected among the Best Lawyers in Dallas by D Magazine in 2011, 2013, and 2015 through 2022. In addition, he has been recognized in Patent Prosecution and Transactions by IAM Patent 1000: The World’s Leading Patent Practitioners in 2022 and has received an AV Preeminent® Peer Review Rating from Martindale-Hubbell.
