Mr. Kilyk practices exclusively in the field of intellectual property law, especially patent law. Mr. Kilyk specializes in patent post-grant review proceedings, inter partes reexaminations, interferences, and oppositions, as well as legal opinions, prosecution, and litigation matters, with specific concentration in the areas of biotechnology, chemistry, and pharmaceuticals.
With extensive experience in formulating patent strategies and in managing patent portfolios, Mr. Kilyk counsels and renders opinions on patent validity, patent infringement, technology licensing, and the protection of trade secrets and other proprietary information. He also prepares and prosecutes patent applications in the U.S. and foreign countries, as both independent activities and as part of coordinated overall patent strategies on behalf of clients. He has been instrumental in securing patent protection for breakthrough technologies in the U.S. and internationally.
Mr. Kilyk counsels clients with respect to intellectual property issues in the private, academic, and government sectors. In particular, he has worked with a variety of corporations, from multinational corporations to start-ups, as well as many universities and governmental organizations.
Mr. Kilyk has served as trial counsel in numerous patent lawsuits, including bench and jury trials before the U.S. district courts, proceedings before the U.S. International Trade Commission, and appeals before the U.S. Courts of Appeal for the Federal and Seventh Circuits. In addition, Mr. Kilyk has represented clients in numerous patent interference proceedings before the U.S. Patent and Trademark Office (USPTO) and has counseled clients in a considerable number of opposition proceedings outside the U.S., particularly before the European Patent Office (EPO).
Recent technologies with which he has been involved include biosimilars, new chemical compounds, nucleic acid sequences, proteins, enzymes, biomarkers, chemical and biological assays, monoclonal antibodies, cell lines, DNA cloning and amplification techniques, genetic vectors, medical treatments, pharmaceutical compositions, biofuels, chemical syntheses and reactions, and chemical surface treatments.
Articles, Publications & Lectures
As a frequent source in connection with intellectual property legal issues concerning biotech, chemical, and pharmaceutical matters, Mr. Kilyk has been referenced and/or quoted in the following publications:
- Nature, “Rush to Protect Billion-Dollar Antibody Patents” (May 31, 2018)
- Wall Street Journal, “Expediting U.S. Innovation Comes at a Cost” (February 3, 2011)
- Fortune, “Top Legal Challenges For Business Leaders” (May 12, 2008)
- EMBO Journal, “Where the Future Went” (November 1, 2005)
- GeneForum, “DNA-Rights Defenders: Get Off My Genetic Property: Money Creates Conflict of Research vs. Privacy” (February 23, 2005)
- The Boston Globe, “Putting Patents in Their Place” (January 29, 2003)
- Newsday “Court Boosts Patent Rights of Biotech Companies” (July 17, 2002, on-line edition)
- Clarin, “Cual es el Negocio que Hacen con el Genoma Humano” (November 14, 2001)
- The American Bar Association Journal, “The Big Gene Profit Machine” (April 2001)
- The Scientist, “Protecting Intellectual Property” (October 29, 2001), and “Clinton, Blair Stoke Debate on Gene Data” (April 3, 2000)
- Forbes, “Chemical Condom in the Works” (March 1, 2001, on-line edition)
- Business Week Online, “Generic Biotech Drugs? Don’t Count Them Out” (February 1, 2001)
- USA Today, “DNA-Rights Defenders: Get Off My Genetic Property” (September 25, 2000), and “You Might Not Own Your Own DNA” (September 19, 2000)
- Signals Magazine, “Biotech Patent Fights” (September 15, 2000)
- “Accidental Prior Use,” 64 J. Pat. Off. Soc’y 392 (1982)
Mr. Kilyk’s views and analysis have been relied upon in a number of law review articles with respect to intellectual property issues. For example, he has been referenced and/or quoted in the following law review articles:
- Alloway, “Inherently Difficult Analysis for Inherent and Accidental Biotechnology Inventions,” Suffolk Law Review, 38: 73-93 (2004)
- Burk and Lemley, “Inherency,” William and Mary Law Review, 47(2): 371-411 (2005)
- Gardner, “U.S. Intellectual Property Law and the Biotech Challenge: Searching for an Elusive Balance,” New Hampshire Bar Journal, 44: 24-93 (2003)
- Vidergar, “Inadequacy of Current Patent Schemes in Biomedical Context,” Oregon Intellectual Property Newsletter, 4(1): 15-18 (2003)
- Vidergar, “Biomedical Patenting: Permitted, But Permissible?,” Santa Clara Computer and High Technology Law Journal, 19(1): 253-283 (2002)
Mr. Kilyk has participated in panels pertaining to intellectual property and has been quoted extensively in a variety of news articles concerning biotech and chemical patent matters. He also has spoken at conferences and at seminars arranged by clients, especially on the practical aspects of patent procedures and strategy and the effective use of the patent system as a part of a client’s overall business strategy.
Mr. Kilyk’s public speaking engagements and presentations, which evidence his practical approach to the use of the patent system, include the following:
- “Mock Depositions in U.S. Patent Litigation” and “USPTO After-Final Rejection Practice,” presented at “Intellectual Property Seminar” (Osaka, November 14, 2011)
- “Mock Trial Witness Examination in a U.S. Patent Infringement Trial,” presented at seminar entitled “Principal Issues in U.S. Infringement Cases” (Osaka, November 16, 2009)
- “Innovation as a Business Tool,” at Kellogg School of Management for Executive Education Course entitled “Strategies for Management of Intellectual Property” (Chicago, June 7, 2006; June 13, 2007; June 10, 2008; and June 10, 2010)
- Chair and Speaker for “Life Cycle Patent Management for Biotech Innovations” Panel Presentation at BIO (Biotechnology Industry Organization) Annual International Convention (Chicago, April 9-12, 2006)
- Speaker for “The Human Genome Project, DNA Science and the Law: The American Legal System’s Response to Breakthroughs in Genetic Science” Panel Discussion at American University Law School Symposium (Washington, D.C., October 19, 2001) [panel discussion transcript appears in the American University Law Review, Volume 51, Number 3, pages 367-494 (February 2002), and was reported on in BNA’s Patent, Trademark & Copyright Journal, Vol. 62, No. 1545, pages 577-78 (October 26, 2001)]
- “A Few Tips On Minimizing Patent Attorney Fees,” presented at Sixth Annual Conference on Patents, Licensing, and Biotechnology Transfer: The Academic/Industry Interface (Santa Fe, 1991)
- “What Japan Can Expect From Proposed Changes in the United States International Trade Law and Practice and Recent Important Decisions,” presented at AIPPI Conference (Tokyo, 1988)
- “Some Special Considerations of a Section 337 International Trade Commission Action As It Relates to Patents and Proprietary Rights,” presented at ABA Annual Meeting (New York, 1986)