Darin Klemchuk

Darin Klemchuk

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Darin Klemchuk

Managing Partner & Founder

darin.klemchuk@klemchuk.com


I help businesses solve problems involving intellectual property (IP) law, business strategy, and technology law with an emphasis on intellectual property rights, patents, trademarks, copyrights, trade secrets, anti-counterfeiting, IP portfolio strategy, and commercial litigation.

Intellectual Property Litigation & Business Litigation

I have handled more than 500 intellectual property disputes, including over 40 patent infringement cases and hundreds of IP enforcement actions. I also have significant experience litigating commercial and business disputes, including non-compete, partnership, fiduciary duty, and breach of contract disputes. I have also represented a number of clients in obtaining and resisting requests for injunctive relief in cases involving non-competes, trade secrets, trademarks, and patents.

Serving as Texas local counsel to out-of-state parties involved in patent, trademark, copyright, IP, and commercial litigation in state and federal courts in Dallas, Texas and in the Northern, Eastern, Western, and Southern District of Texas federal courts, my practice includes representing both plaintiffs and defendants as Texas local counsel. For more information on Texas patent litigation, see my post Texas Patent Litigation Resources.

Anti-Counterfeiting and Intellectual Property Portfolio Enforcement

In addition to IP litigation, my practice is also focused on anti-counterfeiting programs and IP portfolio enforcement. We have developed software-driven anti-counterfeiting/IP enforcement programs that have handled hundreds of enforcement actions for clients ranging from luxury brands and consumer products manufacturers to online service providers and software publishers. For more information about anti-counterfeiting programs see my post 8 Steps to Structure Effective and Efficient IP Enforcement Programs.

Intellectual Property Strategy and General Legal Counseling

My practice also includes assisting companies to increase their market share and protect their competitive advantage by identifying and protecting valuable branding, technological innovation, software, and other property, and by procuring trademark, copyright, and patent rights. I also advise clients on licensing, acquisitions, due diligence, and internet law and eCommerce, including branding in cyberspace and social media and trademark issues related to the Internet and online brand protection.

I represent Fortune 500® corporations, growing companies that benefit from broad intellectual property counseling, and startup companies with disruptive technologies.

I also offer to serve as Virtual General Counsel and Virtual IP Counsel for companies without in-house counsel.

Managing Partner

One of my chief passions is to revolutionize the way legal services are delivered through thought leadership on changing how law firms are structured and legal services are priced to provide a different kind of experience for both clients and professionals in the legal industry. For our thoughts on law firm culture, including topics such as corporate core values, workplace productivity, entrepreneurial management, positive work environment, positive workplace, and conscious capitalism, see our Culture Counts blog.

I also publish a blog called Thriving Attorney dedicated to exploring the business of the practice of law, productivity and performance for attorneys, and other topics such as law firm leadership and management, law firm culture, and business development for attorneys.

In my spare time, I “invest and advise” in small businesses.

I earned a J.D. from Vanderbilt University School of Law and a Bachelor of Science degree in Mechanical Engineering from the University of Washington.


Education

J.D., Vanderbilt University School of Law, 1997

B.S. Mechanical Engineering, University of Washington, 1990

Practice Areas

  • Intellectual property litigation

  • Anti-Counterfeiting & IP Portfolio Enforcement

  • Business and commercial litigation

  • Local counsel for IP and commercial litigation matters

  • Virtual IP Counsel and IP Strategy Counseling

  • Internet and eCommerce

  • Software and Copyrights

 

Professional Activities

  • Master, Honorable Barbara M.G. Lynn American Inn of Court (Intellectual Property), 2012-present

  • Business Executives for National Security (BENS), member, 2018-present

  • Internet Law Leadership Summit, 2011-present

  • Institute for Justice, Human Action Network member

  • Managing Partner Forum, 2014

  • Managing Partner Forum, Leadership Academy, 2015

  • Vistage, Member, 2014-present

  • Entrepreneur’s Organization (EO), Member, 2012-2015

Admitted to Practice

  • Fifth Circuit Court of Appeals, 2002

  • United States Patent and Trademark Office, 2001

  • U.S. District Court, Southern District of Texas, 1999

  • U.S. District Court, Eastern District of Texas, 1999

  • U.S. District Court, Western District of Texas, 1998

  • U.S. District Court, Northern District of Texas, 1997

  • State of Texas, 1997

Honors

  • “2013 Top Rated Lawyer in Intellectual Property Law”, 2013, American Lawyer Media

  • Dallas Business Journals’ “Best Places to Work,” Dallas Business Journal, 2010, 2011

  • “Best Lawyers- Intellectual Property,” named by D Magazine, 2006-2019

  • “Best Lawyers Under 40,” named by D Magazine 2002, 2006

  • “Rising Stars Under 40,” , 2004, 2005, 2006, 2008, a Thomson Reuters service

  • “Super Lawyer,” 2008-2018, a Thomson Reuters service

  • “Top Attorney’s in Texas,” 2008, 2009, a Thomson Reuters service

Presentations

  • “Counteracting Copyright and Trademark Infringement Online”, Entrepreneur.com, March 2014

  • “Background of Secondary Trademark Liability on the Internet”, the Business Edge, February 2014

  • “A Guide to Intellectual Property”, IPN Bootcamp, September 2013

  • “Avoiding the Legal Risks Associated with Running or Using Social Media Sites,” Aspatore Special Report- Navigating the Legal Issues Surrounding Social Media, 2012

  • “Secondary Liability for Trademark Infringement and the Online Space,” State Bar of Texas, 2012

  • “Brand Enforcement on Social Networking Sites,” State Bar of Texas, March 2010

  • “Pre-Suit Investigations in Infringement Cases,” Texas Lawyer, February 2008

  • “Investigate Before Litigating,” Executive Legal Advisor, January 2008

  • “Software Copyright Infringement and Enforcement,” presentation to Dallas Bar Association Computer Law Section, April 22, 2002

  • Fifth Circuit Survey (June 1997-May 1998), Intellectual Property Law, Texas Tech Law Review, Vol. 30, September 1999

Professional History

  • Klemchuk LLP, Founder, 2009-present

  • Cash Klemchuk Powers Taylor LLP, Partner, 2004-2009

  • Thompson & Knight LLP, Associate, 1997-2004

  • The Boeing Company, Systems Engineer, 1990-1994

  • U.S. Army National Guard, Non-Commissioned Officer, 161st Infantry Regiment, Honorable Discharge, 1999

Articles

8 Steps to Structure Effective and Efficient IP Enforcement Programs

Texas Patent Rules Northern District: Diagram & Checklist

Eastern District Texas Patent Rules: Diagram & Checklist