Departments

Litigation

Practice Areas

Intellectual Property and Technology Litigation

Trade Secrets Litigation

Education

J.D., cum laude, Hamline University, 1988
B.A., Tulane University, 1980

Admissions

Missouri, 1995
Minnesota, 1988

Court Admissions

U.S. Court of Appeals, Fifth Circuit, 1993
U.S. Court of Appeals, Eighth Circuit, 1990
U.S. Court of Appeals, Federal Circuit, 1999
U.S. District Court, Eastern District of Missouri, 1997
U.S. District Court, Western District of Missouri, 1995
U.S. District Court, Northern District of Illinois, 2003
U.S. District Court, Eastern District of Wisconsin, 2000
U.S. District Court, Central District of Illinois, 2008
U.S. District Court, District of Kansas, 2009
U.S. District Court, Northern District of Texas, 2012

St. Louis

Phone: 314.552.6883

Fax: 314.231.1776

vCard

Keith J. Grady

Shareholder

Mr. Grady is chair of the Intellectual Property and Technology Litigation Practice Group. He has over 24 years of experience in government and private law practice. Mr. Grady has appeared in courts throughout the country in every phase of intellectual property litigation, including: preliminary injunction hearings, claim construction hearings, summary judgment hearings, jury trials and appeals. He represents and has represented various publicly traded companies and major manufactures in patent litigation in a variety of technological areas, such as, chemical, pharmaceutical, nutritional supplement, software, medical device, and mechanical devices. Mr. Grady also regularly represents clients in litigation involving trademarks, trade secrets, unfair competition, internet domain names, and trade dress.

Memberships and Affiliations

Friends of the Sheldon
- Board of Directors
American Intellectual Property Law Association
Bar Association of Metropolitan St. Louis
The Missouri Bar
American Bar Association

Distinctions

Selected for inclusion in The Best Lawyers in America^® 2012, Intellectual Property Litigation
Assistant Attorney General, Litigation Division of the Missouri Attorney General’s Office
Staff Attorney, U.S. Court of Appeals, Fifth and Eighth Circuits
Law Clerk, Honorable George F. Gunn, Jr., Honorable Lewis M. Blanton and Honorable Charles A. Shaw, U.S. District Court, Eastern District of Missouri
Law Clerk, Honorable R.A. Randall, Minnesota Court of Appeals

Experience

B & R Plastics, Inc. v. Kikkerland Design, Inc.

Successfully defended Kikkerland Design in design patent infringement claim filed by B & R Plastics with the U.S. International Trade Commission and the U.S. District Court for the District of Colorado. The ITC case was dismissed upon the discovery of evidence of invalidity.

FURminator, Inc. v. Ontel Prods. Corp.

Mr. Grady was lead counsel for pet grooming tool manufacturer Munchkin, Incorporated, in a patent and trademark infringement matter. At the preliminary injunction phase, Munchkin prevailed on issues of claim construction, non-infringement of the asserted patent, and invalidity of the asserted trademark. The district court’s opinion is published as FURminator, Inc. v. Ontel Prods. Corp., 429 F. Supp. 2d 1153 (E.D. Mo. 2006). The U.S. Court of Appeals for the Federal Circuit affirmed the district court's decision.

Restricted Spending Solutions v. United Missouri Bank, et al.

Successfully defended United Missouri Bank in a patent infringement action pending in the United States District Court for the Northern District of Illinois. The patent involved systems and methods for limiting spending via corporate credit cards and allowance cards. The court invalidated the patent on summary judgment.

SourceOne Global Partners v. KGK Synergize, Inc.

Representing nutritional supplement company, SourceOne Global Partners, in declaratory judgment action involving allegations of patent and trademark infringement related to three patents. Obtained favorable claim construction ruling following Markman briefing. Case is currently pending in the United States District Court for the Northern District of Illinois.

SunRace Roots Enterprise Co., Ltd. v. SRAM Corp.

Mr. Grady was involved in the representation of bicycle component parts manufacturer SRAM Corporation in patent litigation concerning its gear shifting technology in the Northern District of California. Following the Markman hearing and an appeal to the U.S. Court of Appeals for the Federal Circuit, SRAM prevailed on its construction of the claim terms in dispute in a published opinion, SunRace Roots Enterprise Co., Ltd. v. SRAM Corp., 336 F.3d 1298 (Fed. Cir. 2003).

Whiteside Biomechanics, Inc. v. Sofamor Danek Group, Inc.

Mr. Grady was involved in defending a manufacturer of medical equipment, Sofamor Danek Group, Inc., in a two-week jury trial and one-day court trial that involved, among other things, a claim for assignment of a number of patents concerning medical devices. The district court refused to assign the patents in an opinion published as Whiteside Biomechanics, Inc. v. Sofamor Danek Group, Inc., 88 F. Supp. 2d 1009 (E.D. Mo. 2000).

News

April 20, 2012

Polsinelli Shughart Attorneys to Present at New York Pharmaceutical Conference

Publications & Presentations

June 2011	Ethical Issues and Conflicts of Interest in Intellectual Property and Technology Litigation Ethics CLE Barn Burner
March 8, 2010	New Trend in Patent Litigation: The False Marking Lawsuit
November 2008	Patent Litigation and Claim Interpretation Developments Presented in conjunction with West Legalworks, at L'Enfant Plaza Hotel in Washington, D.C.
August 2008	Working with Clients to Protect and Enforce Their Intellectual Property Assets Inside the Minds: Understanding Your Client’s IP Needs
2007	Patent Litigation: Case Management and Procedure Presented as a CLE to law clerks of the U.S. District Court, Eastern District of Missouri
2007	Overview of Intellectual Property Protection for Architectural Works Presented at the Tulane University School of Architecture

Podcasts

March 8, 2010

New Trend in Patent Litigation: The False Marking Lawsuit