Darin Gibby focuses his practice on intellectual property counseling, transactions and licensing matters, and he is experienced handling the intellectual property aspects of mergers and acquisitions. He counsels start-ups and small businesses on the intellectual property challenges they face. In addition, he manages several large patent portfolios for Fortune 500 companies. He was instrumental in launching the Denver office in 1995, and since that time has spearheaded its growth and emergence as the largest patent firm in Denver.

Mr. Gibby’s practice emphasizes patent prosecution and licensing in software and financial transaction systems, medical devices, drug delivery systems, telecommunications, food products, biotechnology-related devices, ceramics and Internet-related technology. He has obtained significant patents on atherectomy and imaging catheters, CPR methods, chemical synthesizing systems, computer peripherals, software, sporting goods, cheese making processes, disk drive heads, baby products and electro-surgical medical devices. He is experienced in reexamination and interference procedures, including invalidatiing a significant patent covering dynamic currency conversion. Mr. Gibby also regularly provides freedom-to-operate opinions, as well as invalidity and noninfringement opinions.

As part of his practice, Mr. Gibby routinely visits the U.S. Patent Office in Alexandria, VA, having interviewed hundreds of cases. His strategy focuses on working with examiners, rather than resorting to the appellate process. As a result, he has a working relationship with numerous examiners across many art units. 

Mr. Gibby is a member of the firm’s Executive Committee. He was voted Banister's Best Patent Lawyer in 2010, named Colorado's Best Patent Attorney in 2009 and 2008 Lawyer of the Year for expanding the law office by 40 percent by Law Week Colorado. Mr. Gibby was also selected as Barrister's Best in 2013 in the category for Colorado's Best Intellectual Property Law (non-litigator) by Law Week Colorado. He was named a Colorado "Super Lawyer" by 5280 Magazine and Super Lawyers magazine in 2006, 2012, 2013 and 2014 and was also recognized as a Colorado "Top 100 Super Lawyer" in 2014. Mr. Gibby was listed in the 2005 edition of Chambers USA: America's Leading Lawyers for Business in the area of Intellectual Property and he is listed as #1 in the 2011, 2012, 2013 and 2014 editions. He was also recognized as one of eight Denver attorneys to be selected as a 2011 BTI Client Service All-Star. Mr. Gibby was selected as a “Life Science Star” in the 2012, 2013 and 2014 editions of LMG Life Sciences. Mr. Gibby was recognized in The Best Lawyers in America® for Patent Law in 2013, 2014 and 2015, and he was also named a 2014 "Denver Lawyer of the Year" in the area of Patent Law by The Best Lawyers in America®. Mr. Gibby was named a 2013 and 2014 "IP Star" by Managing Intellectual Property magazine. He was recognized as a top patent practitioner in 2013 and 2014 by IAM Patent 1000 – The World’s Leading Patent Practitioners. Mr. Gibby was named by Legal Media Group to its 2013 Guide to the World's Leading Patent Practitioners.

Professional & Community Activities

International Federation of Intellectual Property Attorneys, Member

International Association for the Protection of Intellectual Property, Member

Education

  • Brigham Young University - J. Reuben Clark Law School, J.D. (1993)
    magna cum laude, Order of the Coif
  • Brigham Young University, M.B.A. (1993)
  • Brigham Young University, B.S., Mechanical Engineering (1990)
    cum laude

Bar Admissions

  • Colorado (1996)
  • California (1993)

Admissions

  • U.S. Patent and Trademark Office (1994)

Who We Are

Suite 600, 1400 Wewatta Street
Denver, CO, 80202
USA
t +1 303.571.4000
f +1 303.484.7541

Darin J. Gibby

Experience Highlights

Inter partes reexaminations for Hunter Douglas, Inc. and Andrew J. Toti Testamentary Trust

Kilpatrick Townsend filed an infringement lawsuit on behalf of Hunter Douglas Inc., manufacturer of window coverings and architectural more

Ex Parte Reexamination Proceeding
Successfully defended ex parte reexamination of patent for international equipment company. more
Inter Partes Reexamination Proceeding
Handling inter partes reexamination for large cheese manufacturer. more
Reexamination Proceedings
Successfully defended two reexaminations of the same patent during litigation for food service company. more