Kevin brings over eighteen years of experience in intellectual property law to The Eclipse Group, in addition to a broad engineering and scientific background which allow him to create flexible, multi-disciplinary solutions tailored to the precise needs of his clients.
Kevin specializes in United States patent prosecution, counseling and opinion work; collaborating with foreign law firms for international patent filings; counseling start-ups and early stage tech companies on intellectual property options with an eye on controlling costs; balancing grant obligations and patent objectives for SBIR Grant recipient companies; and trademark counseling. In addition to helping companies obtain protection, Kevin provides clients with advice and opinions on patent claim scope and validity to assist them in avoiding patent conflicts. He has extensive experience supporting start-ups, and is very comfortable working directly with CTOs and CEOs in companies that do not have in-house attorneys.
Kevin also has several years of experience as a litigation associate with a primary focus on pre-suit analysis; discovery; and motion practice. He is admitted to practice before several Federal Courts including the Federal Circuit Court of Appeals in addition to Federal District Courts in New York and North Carolina.
Kevin’s clients include TranS1, Inc. (orthopedic implants); C Change Surgical LLC (surgical equipment); Newmark, Inc. (medical device); Overture Networks, Inc. (network infrastructure); and DigitalGrid, Inc. (network infrastructure).
With his broad engineering background, Kevin is equipped to serve clients across a wide range of industries; but his practice has an emphasis on medical devices, biomedical and mechanical inventions, green energy, and power generation and distribution.
Specific fields of technology in which Kevin has prepared and prosecuted patent applications include: biomedical inventions such as: surgical solutions and implants for low spine therapy, equipment for use in surgery, ultrasound devices, pacemakers, microcurrent therapy devices, dental equipment, ergonomic input devices, and other medical devices; mechanical inventions such as: printing processes, vending machine components, and sports gear; electronic and computer based inventions such as: network infrastructure, power distribution monitoring and power line carrier communication systems, Internet-based business models, and serious gaming applications; and design patents for a range of products.
Kevin is a frequent speaker and commentator on intellectual property issues, especially those issues of particular relevance to entrepreneurial companies. He has been repeatedly recognized by a poll of North Carolina attorneys as belonging to the legal elite in the category of Intellectual Property/Patent attorneys. He is also a member emeritus of the Pratt School of Engineering Alumni Council.
Before beginning his legal career, Kevin served as a project engineer for Duke Power (now Duke Energy, Charlotte, NC), where he worked in a series of engineering positions working with: planning and execution of maintenance overhauls and capital improvements; testing thermodynamic performance of power plant systems using precision instruments; developing software prototypes; and coordinating the interface between power production and computer programming support. While at Duke Power, Kevin became licensed as a Professional Engineer.
Prior to joining The Eclipse Group, Kevin served as a patent attorney at Daniels Daniels & Verdonik (Research Triangle Park, NC). He also served as a patent attorney and provided patent litigation support at Fish & Neave, now part of Ropes & Gray, LLP (New York, NY).
- B.S.E., Biomedical Engineering, Mechanical Engineering, Pratt School of Engineering at Duke University, Durham, N.C.
- M.S.E., Industrial and Systems Engineering, San Jose State University, San Jose, CA
- J.D., Duke University Law School, Durham, N.C.
- American Intellectual Property Law Association
- North Carolina Bar Association
- Received Professional Engineering License from State of North Carolina
- North Carolina Society of Professional Engineers (former member)
- Business North Carolina Legal Elite for Patents/Intellectual Property (multiple years)
- Pratt School of Engineering Alumni Council (member emeritus)
- Co-Chair of Council of Entrepreneurial Development InfoTech Demo Room Search Committee 2002 & 2003
- Past President of the Piedmont Entrepreneurs Network (PEN) (now part of PTEN)
- Melvin G. Shimm Award for Excellence as Articles Editor of Law and Contemporary Problems (Duke Law School) 1991-1992
- Member Tau Beta Pi (Engineering Honor Society)
- United States District Court for the Eastern District of New York
- United States District Court for the Southern District of New York
- United States Court of Appeals for the Federal Circuit
- United States Federal Court for the Eastern District of North Carolina
- K. Shannon Mrksich, Ph.D & Kevin E. Flynn, The CREATE Act: As viewed from Ivory Towers and from the Trenches, 2005 Proceedings of the AIPLA Annual Meeting.
- Kevin E. Flynn, "Lessons Learned: Campbell Plastics–A Warning that Invention Disclosure Rules Matter," SBTDC/SBIR Newsletter (October 2005)
- "CREATE Act – New Legislation Protects Joint Research Efforts, But With a Price"
Local Tech Wire, Feb 2, 2005 - What Happened to Free Speech? Changes Are Needed To Squelch SLAPP Suits
Local Tech Wire, Jan 4, 2005 - Madey v. Duke University - The Scrap About Patents Heard Around the World
Local Tech Wire, Nov 9, 2004 - PTO Reexamination Proceeding ... An Inexpensive Alternative to Patent Litigation
Local Tech Wire, Oct 27, 2004. See also: http://localtechwire.com/business/local_tech_wire/opinion/story/1160205 - US Patent and Trademark Office Celebrates a Pair of Milestones
Local Tech Wire, Sep 22, 2004. See also: http://localtechwire.com/business/local_tech_wire/opinion/story/1160537/ - 'Shop Rights' – Another Trap That Inventors Must Be Aware of, Deal With Early
Local Tech Wire, Jul 22, 2004 - Inventors Beware: Don't Make a Mistake and Leave Your Patent Rights at the Office
Local Tech Wire, Jul 21, 2004 - Inventors Beware, II: Best Course of Action Could Be To Seek Legal Advice
Local Tech Wire, Jun 10, 2004 - Inventors Beware: Don't Be in a Rush To Hire an Invention Promotion Firm
Local Tech Wire, Jun 9, 2004 - Design Patents for Computer Screen Icons – Another Tool to Protect Your Innovation
Local Tech Wire, Apr 21, 2004 - Protecting Discoveries: House of Representative Passes CREATE Act
Local Tech Wire, May 24, 2004 - Design Patents ... Are You Overlooking This Tool To Protect Your Invention?
Local Tech Wire, Jan 30, 2004 - Patent Fees: Misappropriation by Any Other Name Smells Just as Rotten
Local Tech Wire, Nov 12, 2003