Darin Gibby is a key partner and member of the firm’s Executive Committee. He was instrumental in launching the Denver office in 1995, and since that time has spearheaded its growth and emergence as one of the largest patent firm in Denver. Mr. Gibby is recognized by Chambers USA as a one of Colorado’s top intellectual property lawyers and “a top choice for a range of matters including post-grant reviews, licensing matters and patent prosecution.” According to the 2017 edition of Chambers USA, Mr. Gibby is praised for his “in-depth legal analysis” and “creative approaches to problems.”
Mr. Gibby has over 20 years of experience and focuses his practice on intellectual property counseling, transactions, and licensing matters as well as patent prosecution. He has extensive experience handling the intellectual property aspects of mergers and acquisitions. He counsels start-ups and small businesses on intellectual property challenges to help maximize their portfolios to make them attractive acquisition targets. In addition, he manages several large patent portfolios for Fortune 500 companies.
Mr. Gibby handles patent prosecution and licensing for clients in a wide range of industries, including software and financial transaction systems, medical devices, drug delivery systems, telecommunications, food products, sporting goods, automotive parts, biotechnology-related devices, and Internet-related technology. He has obtained significant patents on drug delivery systems, insulin formulations, 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 post-grant proceedings, and reexamination and interference procedures, including invalidating 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, Virginia, 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 has received many accolades and is regularly recognized by leading publications for his work in intellectual property law. He was ranked No. 1 in intellectual property by Chambers USA in 2019 and the eight years immediately preceding. Mr. Gibby was recognized in The Best Lawyers in America® in 2018 and the five years immediately preceding, and he was named a 2014 “Denver Lawyer of the Year” in the area of patent law by The Best Lawyers in America®. Mr. Gibby was named an “IP Star” by Managing Intellectual Property magazine in 2019 and the six years immediately preceeding. He was recognized as a top patent practitioner in 2019 and the six years immediately preceding by IAM Patent 1000. Mr. Gibby was named by Legal Media Group to its 2013 Guide to the World's Leading Patent Practitioners. He was named a Colorado “Super Lawyer” by 5280 Magazine and Super Lawyers magazine in 2006, again in 2019 and the seven years immediately preceding, and was also recognized as a Colorado “Top 100 Super Lawyer” in 2014. He was 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 2017 and four immediately preceding editions of LMG Life Sciences. Law Week Colorado named Mr. Gibby as Barrister's Best Patent Lawyer in 2010, Colorado's Best Patent Attorney in 2009, and 2008 Lawyer of the Year for expanding the law office by 40 percent. 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 recommended by Legal 500 US in 2016 for Patent Prosecution.
Kilpatrick Townsend filed an infringement lawsuit on behalf of Hunter Douglas Inc., manufacturer of window coverings and architectural products, and Andrew J. Toti Testamentary Trust against Norman International for infringement of window covering patents. Norman responded by filing eight IPRs on four patents in the lawsuit. Kilpatrick Townsend successfully argued that six of the IPR trials should not be instituted, and was able to limit the IPR trials to just three claims total on the other two petitions. United States Patent and Trademark Office Patent Trial and Appeal Board, Case Numbers IPR2014-00276, IPR2014-00282, IPR2014-00283, IPR2014-00286, IPR2014-01173, IPR2014-01174, IPR2014-01175, and IPR2014-01176.
Successfully defended ex parte reexamination of patent for international equipment company.
Handling inter partes reexamination for large cheese manufacturer.
Successfully defended two reexaminations of the same patent during litigation for food service company.
Successfully defended six exparte reexams for international money transfer company.
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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
U.S. Patent and Trademark Office (1994)
International Federation of Intellectual Property Attorneys, Member
International Association for the Protection of Intellectual Property, Member
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