skelber@bw-iplaw.com

Steven Kelber joined Berenato & White in June of 2009. He most recently served as Partner of Jagtiani+Guttag, based in Fairfax, VA. Mr. Kelber has nearly 30 years of experience in all stages of patent and trade secret law. He has served as lead counsel in numerous patent infringement lawsuits, representing both plaintiffs and defendants, as well as actions at the United States International Trade Commission (USITC). Mr. Kelber has extensive experience in patent prosecution including patentability, validity and infringement opinions, procurement of both domestic and foreign patents, client counseling, licensing, agreement negotiations, portfolio assessments and corporate intellectual property development, including mergers/acquisitions. He has extensive knowledge across a wide range of technologies, much of his work focusing on chemistry, biology, pharmacology and biotechnology. Mr. Kelber has successfully worked with numerous start-ups and spin-offs premised on University technology to obtain the patent protection they require at an affordable price. Steve is internationally recognized for his expertise in Interference Practice, an inter partes proceeding unique to the United States to resolve rights between parties claiming the same invention. Steve has been lead counsel on nearly two hundred interferences, as well as teaching and speaking on interference matters widely.

Representative Cases

Capon v. Eshhar, 76 USPQ2d 1078 (Fed. Cir. 2005)

Singh v. Brake, 55 USPQ2d 1673 (Fed. Cir. 2000)

Digeo, Inc. v. Audible, Inc., 80 USPQ2d 1356 (W.D. Wash. 2006)

Glaxo v. Welcome, Inc. v. Cabilly, 56 USPQ2d 1983 (BPAI 2000)

Han v. Livak, 63 USPQ2d 1364 (BPAI 2002)

Background

Steven Kelber was born on January 3, 1956, and received his Bachelor of Arts with majors in Biochemistry and Political Science from the University of Maryland in 1978 where he graduated Summa Cum Laude. Mr. Kelber received his Juris Doctor, With Honors, from the National Law Center, George Washington University in 1981. Registered to practice before the U.S. Patent and Trademark Office, Registration Number 30,073; United States District Court for the District of Columbia; Court of Appeals for the Federal Circuit; and Supreme Court of the United States. Experienced with the needs of a wide range of clients, Mr. Kelber has provided legal advice and assistance to numerous start-up enterprises, technology transfer offices, and Fortune 500 corporations in the private sector. Mr. Kelber has represented Federal and State agencies, like NIH, the Department of Defense, the United States Army, and advised states like Maryland and Mississippi on technology transfer programs. His clients have included Applied Biosystems, Genentech, Genencor, Cell Genesys, Mars, NEC, JSR, St. Gobain, and others around the world.

While much of Mr. Kelber’s work is devoted to private clients, he also has extensive experience in the academic world, having provided assistance in intellectual property matters and technology transfer to universities across the country. In particular, Mr. Kelber is a recognized teacher and practitioner of Interference Law in the United States, having taught the nation's only recognized national course since the G treaty in 1995. Mr. Kelber is an adjunct professor at George Mason Law School, and a member of the advisory committee for the joint biotechnology program between the University of Virginia and NIH. Mr. Kelber is also a lecturer on a variety of topics involving patent law for Patent Resources Group, American Conference Institute, Congress on International Legal Studies, Licensing Executives Society, the ABA and others.

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