Kyle T. Deighan

As a Partner in Calfee’s Intellectual Property practice group, Kyle works closely with clients to protect their intellectual property rights. Kyle has experience assisting clients in a variety of industries, including pharmaceutical, medical device, biotechnology, chemical and mechanical fields. 

A significant portion of Kyle’s practice focuses on complex patent litigation matters, where he helps clients both enforce their patent rights and defend against claims from competitors. He has represented numerous Fortune 100 and 500 companies and has worked on cases involving a variety of technologies, such as groundbreaking pharmaceutical products, world-class medical devices, communication devices and packaging technologies. He has extensive experience in federal court, including district court litigation and Federal Circuit appeals. Kyle also has an active practice before the Patent Trial and Appeal Board (PTAB), where he represents clients in contested proceedings, including inter partes reviews and post-grant reviews for both patent owners and challengers.

Kyle also regularly counsels clients on managing risks and intellectual property strategy.  He has significant experience working with clients to identify competitive risks and develop intellectual property strategies to protect against current and future competitive threats. Additionally, Kyle assists clients with patent preparation and prosecution, and works on patent clearance and due diligence matters, including patent portfolio analyses, freedom-to-operate analyses, and validity and infringement opinions. He has experience with intellectual property matters related to mergers and acquisitions and other types of transactions, including patent-related due diligence and drafting and negotiating agreements.

Kyle earned his J.D. at The Ohio State University Moritz College of Law, cum laude, where he served on the Managing Board of the Ohio State Law Journal. He was also a member of the Sports Law Moot Court Team and the Moot Court Governing Board.

Kyle received his B.S., cum laude, in Microbiology from The Ohio State University. He was a laboratory assistant for The Ohio Department of Health Zoonotic Disease Program and at The Ohio State University Davis Heart and Lung Research Institute.

Prior to joining Calfee in 2017, Kyle worked as an attorney at Sidley Austin LLP in Washington, D.C.

Honors & Recognitions

• The Best Lawyers in America^® Ones to Watch, Litigation – Intellectual Property; Litigation – Patent (2022)

Education

J.D., cum laude, The Ohio State University Moritz College of Law, Articles Editor, Managing Board of the Ohio State Law Journal, 2011

B.S. in Microbiology, cum laude, The Ohio State University, 2008

Experience

• Handling all aspects of three major IP projects for an American multinational medical devices and healthcare company, including (1) a current and emerging competitor monitoring project, which involves counseling the client regarding the activity of numerous competitors and potential competitors in the medical device space; (2) a competitor leverage project involving assisting the client with significant projects related to the assessment of key competitors, including analyzing key competitor products, identifying potentially relevant patents/patent families, evaluating potential infringement, and counseling the client regarding IP issues; and (3) a competitor IP analysis/monitoring project, which includes conducting monthly analyses of patent portfolios of several key competitors.
• Counseling a publicly traded, European manufacturing company on various sensitive and highly confidential IP and litigation matters. These matters relate to IP strategy and enforcement, patent portfolio management, IP-related agreements, licensing, government contracts, and freedom-to-operate analyses.
• Assisting an Asian manufacturing company with its U.S. patent and trademark filings while overseeing its entire global patent and trademark portfolios. Relatedly, Calfee represented the client in two separate International Trade Commission (ITC) investigations. At stake was whether the ITC would block the importation of several of the company’s products. Calfee obtained successful results for the client in both matters. Calfee also successfully defended the company on patent infringement allegations.

Presentations & Publications

Presentations

• “PTAB Practice: Strategic Implications of Recent Developments and Future Directions,” The University of Akron School of Law 22^nd Annual Symposium on Intellectual Property Law & Policy (March 9, 2020)
• “Amazon’s Utility Patent Neutral Evaluation Procedure,” Calfee, Halter & Griswold LLP, Cleveland, Ohio (June 27, 2019)