Adam Kelly is a nationally acclaimed counselor in intellectual property law with extensive experience in the U.S. and abroad. He is a trusted business advisor to a wide range of clients, including industry leaders in agricultural science, biotechnology, electronic trading, golf equipment, green energy, hospitality, medical devices, pharmaceuticals and transportation.
His practice focuses on counseling clients on how to competitively use intellectual property to increase market share and revenues by implementing effective strategies addressing branding, corporate transactions, technology acquisition and patent protection.
Adam has successfully enforced and defended against intellectual property actions in diverse jurisdictions, representing clients through all litigation phases from pre-suit due diligence through trial and appeal, and has obtained and defended against various types of preliminary injunctive relief.
“I bring an honest and thoughtful approach to my practice and genuinely value my trusted professional relationships with clients and colleagues.”
In addition, he has strategically advised clients across a wide variety of patent infringement, prosecution, opposition and post-grant review matters before the U.S. Court of Appeals for the Federal Circuit, the Patent Trial and Appeal Board at the U.S. Patent and Trademark Office, the European Patent Office, and the Korean Patent Office.
Adam is an avid golfer who frequently travels throughout the world to play challenging, scenic courses, oftentimes bringing his friends and colleagues along for the experience. When not traveling, he may be found on the putting green with his family or coaching youth sports.
Life Sciences Patent Litigation & Counseling
Sports & Esports
The John Marshall Law School, J.D.
Purdue University, M.S., Biology
Indiana University, B.A., Biology
U.S. District Court for the Northern District of Illinois
U.S. District Court for the Western District of Wisconsin
U.S. Court of Appeals, Federal Circuit
United States Patent and Trademark Office
- Representing high-performance golf equipment company Parsons Xtreme Golf (PXG) in a variety of domestic and international branding, intellectual property, and litigation matters. Loeb also crafted and negotiated numerous distribution and sponsorship agreements with various golf professionals, as well advised on corporate, finance, and tax matters.
- Secured a favorable outcome for international charting and trading software leader CQG LLC, in a nationally-prominent patent infringement action brought by Trading Technologies involving patents directed to graphical user interfaces for trading commodities. Following a three-week jury trial in the Northern District of Illinois, the jury found that CQG did not indirectly infringe, infringe under the doctrine of equivalents, or willfully infringe the asserted patents, and awarded only $15.8 million in reasonable royalty damages when TT originally sought $783 million.
- Represented CQG and various co-defendants including Crossland L.L.C., CV Futures, LLC, Dorman Trading LLC, Dorman Trading Company, Inc., E D & F Man Capital Markets Inc., R.J. O'Brien & Associates LLC, Redcape LLC, Rosenthal Collins Group L.L.C., The Price Futures Group, Inc., Trade Futures 4 Less, Trad FX Futures, Trade Pro Futures, and Wedbush Futures in a patent infringement action brought by Chart Trading Development in the Eastern District of Texas.
- Represented CQG before the United States Patent and Trademark Office in several Covered Business Method Review proceedings before the Patent Trial and Appeal Board brought under the Smith-Leahy American Invents Act.
- Represented Celsis In Vitro, Inc. before the U.S. Court of Appeals for the Federal Circuit and the Northern District of Illinois in a patent case regarding methods for creating multi-cryopreserved hepatocyte preparations. That representation secured preliminary injunctive relief on behalf of Celsis, which the Federal Circuit affirmed in a precedential opinion. That representation also secured a second appellate victory, where in another precedential opinion, the Federal Circuit reversed the district court’s decision that the asserted patent was invalid for improperly claiming patent-ineligible subject matter under 35 U.S.C. § 101.
- Represented Celsis In Vitro, Inc. in both Ex Partes Review and Inter Partes Review proceedings, which affirmed the validity of a patent involving methods for making multi-cryopreserved hepatocyte preparations.
- Representing the parent company for 10 brands that service the transportation industry, regarding strategies for developing, securing, licensing and enforcing its global patent portfolio. The client is headquartered in Zurich and is most well-known for providing in-flight food service to British Airways, LAN Airlines, Air Canada, American Airlines, United Airlines, Qantas Airways, Air China, Air France, Delta Air Lines, and Swiss International.
- Representing a green technology development company, for global patent portfolio and risk analyses matters relating to compressed natural gas/diesel engine technology, bioremediation, and Graphene manufacturing processes and applications.Representing Charles River Laboratories regarding assays for quick evaluation of microorganism contamination and materials for testing the impact of drugs on hepatic functions.
- Represented BioReclamation/In Vitro Inc. before the European Patent Office in The Hague, Netherlands, by orally arguing to the appellate division, which then affirmed the validity of the European counterpart to the LiverPool® patent.
- Represented Z Trim Holdings, Inc. in patent infringement action in the Western District of Wisconsin regarding methods for creating non-caloric, cellulosic gel compositions from agricultural byproducts.
RECOGNITION & AFFILIATION
- Named "Illinois Super Lawyer" in Intellectual Property and Intellectual Property Litigation by Thomson Reuters (2013-2020); Named in the "Top 100: Illinois Super Lawyers" (2014-2020)
- Named "Best Lawyer" in Litigation, The Best Lawyers in America, published by Woodward White, Inc. (2016-2020)
- Recommended “Top Lawyers in Illinois” in Patent Law, Leading Lawyers Network, a division of Law Bulletin Publishing Company (2015)
- Named in Chambers USA, America's Leading Lawyers for Business, in Illinois Intellectual Property (2013-2019 editions)
- Named an “IP Star” by Managing Intellectual Property magazine (2013-2019)
- Named among the "40 Illinois Attorneys Under Forty to Watch" by the Law Bulletin Publishing Company (2014)
- Named among "Chicago's 40 Under 40" by the National Law Journal (2013)
- Named “Illinois Rising Star” in Intellectual Property and Intellectual Property Litigation by Thomson Reuters (2011-2012)
- Member, Federal Trial Bar
- President, Richard Linn American Inn of Court
- Past-President, Intellectual Property Law Association of Chicago
- Member, Federal Circuit Bar Association
- Advisor, Chicago Inventors Organization
- Advisor, Intellectual Property Advisory Board for The University of Illinois at Chicago John Marshall Law School
- Adjunct Faculty Member, UIC John Marshall Law School
- Guest Lecturer, The DePaul Law School
- Member, Skokie Country Club
- Author, The Global Intellectual Property Practitioner, The Bencher (November/December 2017)
- Author, The Golden Age of Intellectual Property Law at the United States Supreme Court, The Circuit Rider (October 2016)
- Author, Are Patents or Trade Secrets Stronger?, Inside Counsel (July 21, 2016)
- Author, Friend or Foe: The New Patent-Challenge Procedures at the Patent Trial and Appeal Board, The Circuit Rider (April 2016)
- Author, Friend or Foe: the New Patent Challenge Procedures at the Patent Trial and Appeal Board, ABA Journal of e-Commerce (January 2016)
- Author, A Horse of a Different Color: Motion Practice in the Federal Circuit, The John Marshall Law School Center for Intellectual Property Law News Source, (Fall 2011)
- Co-author, Patent Claim Construction in the Federal Circuit, Intellectual Property Law Association of Chicago, (2001-present)
- Author, The Inherent Limitations Doctrine: How the Specification May Inherently Limit the Scope of the Claims, 1 J. Marshall Rev. Intell. Prop. L. 124 (2001)
- Financing a Patent with a Personal Loan, Magnify Money (December 4, 2018)
- Is It Time to Offer Bounties for Patent Killing Evidence?, Bloomberg BNA (July 13, 2017)
- FTC Issues Study on ‘Patent Assertion Entities’; Attorney Says Some PAEs are White-Collar Bandits, Cook County Record (October 18, 2016)
- Federal Circuit Gives Patents New Wiggle Room Via Cellzdirect Case, Medical Device Daily (July 11, 2016)
- 5 Tips for Building a Bulletproof Patent Damages Case, Law360 (March 4, 2016)
- Federal Circuit's Rebuke Of Judge Shows Limits Of Obviousness, Law 360 (August 3, 2015)
- Location, Location, Location: Patent Litigators Choose Their Courts, Chicago Lawyer (September 1, 2012)
- Intellectual Property Hot List, The National Law Journal (May 7, 2012)
- Speaker, Chicago Inventors Organization's 9th Annual Conference (October 19, 2019)
- Speaker, "What You Need to Know About IP in a Digital Era" Podcast (August 13, 2019)
- Speaker, Association of Corporate Counsel, Chicago Chapter's CLE Program (February 4, 2019)
- Speaker, 62nd Annual Intellectual Property Law Conference (November 2, 2018)
- Speaker, PLI Patent Fundamentals Bootcamp 2018: An Introduction to Patent Drafting, Prosecution, and Litigation (May 8-10, 2018)
- Speaker, 61st Annual Intellectual Property Conference (November 3, 2017)
- Speaker, Licensing Executive Society Annual Meeting (October 22-25, 2017)
- Speaker, Chicago Inventors Organization 2017 Conference (October 21, 2017)
- Speaker, IPLAC Judicial Symposium (October 13, 2017)
- Speaker, Advanced Patent Prosecution Workshop 2017: Claim Drafting & Amendment Writing (September 12-13, 2017)
- Speaker, Intellectual Property Law Symposium (March 15, 2017)
- Speaker, Loeb & Loeb LLP Connectivity Webinar: Building Intellectual Property Portfolios in Tomorrow's Asia (March 9, 2017)
- Speaker, National Chiao Tung University School of Law: Willful Infringement in a Post-Halo World (October 20, 2016)
- Speaker, YunTech Technology Seminar (10/19/2016)
- Speaker, PLI's Advanced Patent Prosecution Workshop 2016: Claim Drafting & Amendment Writing (September 14, 2016)
- Speaker, ACC-Chicago CLE Program (May 26, 2016)
- Speaker, Patent Litigation 2016: The Courts and the Patent Trial and Appeal Board (April 28, 2016)
- Speaker, 2016 Innovation & IP Business Summit: Leveraging Innovation & Intellectual Property for Superior Business Performance (April 19-21, 2016)
- Speaker, Polish American Association's State of the Community (March 30, 2016)
- Speaker, IPLAC IP Law Symposium 2015 (November 13, 2015)
- Speaker, Law Seminars International (November 6, 2015)
- Speaker, PLI Advanced Patent Prosecution Seminar Event (September 10, 2015)
- Speaker, The 8th Annual Sino-US IP Law Conference: Exploring Differences in Chinese and American Intellectual Property Law (June 19, 2015)
- Speaker, PLI’s Advanced Patent Prosecution Workshop 2014 (September 11-12, 2014)
- Speaker, John Marshall Law School Annual Intellectual Property Law Conference (February 28, 2014)
- Speaker, PLI Fundamentals of Patent Prosecution 2013 (May 14-16, 2013)
- Speaker, John Marshall Law School Annual Intellectual Property Law Conference (February 22, 2013)
- Speaker, American Conference Institute 3rd Annual Paragraph IV Disputes West Coast Conference (December 4-5, 2012)
- Speaker, Perspectives from the Bench and the Bar (November 27, 2012)
- Speaker, Patents in the United States: Powerful Assets in the Modern Economy, China Intellectual Property Training Center, Beijing, China (August 8, 2012)
- Speaker, PLI Fundamentals of Patent Prosecution 2012 (May 16-18, 2012)
- Speaker, John Marshall Law School Annual Conference on Developments in Intellectual Property Law (February 24, 2012)
- Speaker, Recent Developments in the Biotech Patent Law Practice, IPLAC Biotech Committee CLE (November 18, 2011)
- Guest Lecturer, Patent Litigation Strategies (November 3, 2011)
- Co-panelist, Perspectives from the Bench and the Bar (October 27, 2011)
- Speaker, CBI 3rd Annual Investors Conference - Innovation, Patents & Profits: Commercializing Your Dream (October 22, 2011)
- Speaker, U.S. Patent Law Presented to the Chinese State Intellectual Property Office (SIPO) (September 16, 2011)