Judge Walter D. Kelley Jr.

INTELLECTUAL PROPERTY

• Won (as member of trial team) $111 million verdict in June 2025 for infringement of a patent covering power saving algorithms used in cell phones. TOT Power Control, S.L. v. Apple, Inc., Case No. 21-cv-1302 (D. Del.)
• Won $25 million jury verdict for secondary infringement of music composition copyrights. BGM Rights Management (US), LLC v. Cox Enterprises, Inc., 1:14-cv-01611 (E.D. Va.) This was the largest verdict in Virginia in 2015.
• Won a $5.2 million jury verdict for infringement of copyrighted architectural plans. Kipp-Flores, L.L.C. v. Signature Homes, L.L.C., et al., Civil Action No. 2:00cv831 (E.D. Va. 2001). This was the second largest verdict in Virginia in 2001.
• Negotiated a $1 million plus settlement for infringement of copyrighted architectural plans. Grimstead v. Tidewater Seniors Apartments, L.P., Civil Action No. 2:02cv535 (E.D. Va. 2003).
• Obtained dismissal on the first day of trial of a patent licensing claim brought against a chemical company in the federal district court in Los Angeles, California. The dismissal was affirmed after argument before the United States Court of Appeals for the Ninth Circuit in San Francisco. Sweetwater Chemical Company v. Technical Products Corporation, 1992 U.S. App. LEXIS 33363 (9th Cir.)
• Has served as lead counsel and as co-counsel in numerous patent infringement actions, including the following cases:
• TOT Power Control, S.L. v. LG Electronics, Inc., Case No. 21-cv-1304 (D. Del.) (representing a Spanish company in a case involving patented methods for saving power when using mobile devices)
• TOT Power Control, S.L. v. Samsung Electronics Co., Ltd., Case No. 21-cv-1305 (D. Del.) (representing a Spanish company in a case involving patented methods of saving power when using mobile devices)
• Dialect, LLC v. Amazon.com, Inc., Civil Action No. 1:23-cv-581 (E.D. Va.) (representing the plaintiff in a case involving patented methods for voice recognition and natural language understanding)
• Daedalus Blue, LLC v. MicroStrategy, Inc., Civil Action No. 2:20-cv-531 (E.D. Va.) (represented the plaintiff in a case involving patented methods for organizing and managing data bases)
• Intercarrier Communications, LLC v. Apple, Inc., Civil Action No. 3:12-cv-764 (E.D. Va.) (Defended Apple in case involving the systems and methods that enable SMS messages to be transmitted between different mobile carriers).
• WiAV Solutions, LLC v. Huawei Technologies Co., Inc., Civil Action No. 1:12-cv-906 (E.D. Va.). (Defended Huawei Technologies and Huawei Device USA, Inc. in case involving speech coding and power management in wireless devices).
• Schreiber v. Dunabin, Civil Action No. 1:12-cv-852 (E.D. Va.). (Defended the Internet Corporation for Assigned Names and Numbers (ICANN) in domain name litigation)
• Trinity Industries, Inc. v. Spig Industry, LLC, Civil Action No. 1:11-cv-937 (E.D. Va. 2012). (Represented Spig Industry and related corporations in case involving guardrail end terminals that dissipate energy upon being struck by a vehicle).
• iHance, Inc. v. Eloqua, Ltd., Civil Action No. 2:11-cv-257 (E.D. Va. 2012). (Defended Eloqua in case involving the systems and methods for tracking e- mails sent as part of a sales and marketing program).
• Cherdak v. Vock, Civil Action No. 1:11-cv-1311 (E.D. Va. 2012). (Defended Apple in case involving the synchronization of athletic shoes with electronic devices that record and analyze physical activity).
• The Nielsen Company (US), v. comScore, Inc., Civil Action No. 2:11-cv-168 (E.D. Va.) and ComScore, Inc. v. The Nielsen Company (US), LLC, Civil Action No. 1:11-cv-290 (E.D. Va. 2011). (Represented Nielsen and a subsidiary in case involving the methods for measuring online activity and behavior).
• TecSec, Incorporated v. Internation Business Machines Corporation, Civil Action No. 1:10-cv-115 (E.D. Va. 2010). (Defended SAS Institute in case involving the systems and methods for object level encryption and split key encryption).
• SPH America, LLC v. Acer, Inc., Civil Action No. 1:09-cv-740 (E.D. Va. 2009). (Defended Futurewei Technologies (a subsidiary of Huawel Technologies) in case involving a system for reducing interference between wireless terminals, such as cell phones, and to reducing peak to average power).
• Vizio Inc v. Funai Electric Company, Ltd., Civil Action No. 2:09-cv-236 (E.D. Va. 2009). (Represented Vizio in case involving the Quadrature Amplitude Modulation and Forward Error Correction Techniques for high definition television broadcasting).
• The Scientex Corporation v. PDP Associates, Inc., Civil Action No. 02-616-A (E.D. Va.) (obtained stay of patent infringement suit pending re-examination of the patent by the PTO).
• Smithkline Beecham Corp. v. Excel Pharmaceuticals, Inc., 214 F. Supp. 2d (E.D. Va. 2002) (obtained summary judgment for defendant in a patent infringement action involving generic drugs)
• Digital Privacy, Inc. v. RSA Security, Inc., 199 F. Supp. 2d 457 (E. D. Va. 2002) (obtained summary judgment for defendant in a patent infringement action involving design of computer security system)
• Beam Laser Systems, Inc., et al. v. Cox Communications, Inc., et al., 117 F. Supp. 2d 515 and 144 F. Supp. 2d 475 (E.D. Va. 2001) (obtained summary judgment for the defendants in a patent infringement action involving the insertion of advertising into cable television broadcasts)
• Fantasy Sports Properties, Inc. v. Sportsline Entertainment Corp., et al., 103 F. Supp. 2d 886 (E. D. Va. 2000) (represented defendant Yahoo! Inc. in obtaining summary judgment on a claim that its fantasy football game infringed an internet game patent)
• Hill Phoenix, Inc., et al., v. Systematic Refrigeration, Inc., Civil Action No. 2:00cv250 (E.D.Va.) (represented plaintiffs in prosecuting a patent infringement action involving a variable capacity refrigeration system)
• DoubleClick, Inc. v. L90, Inc., Civil Action No. 2:99cv1914 (E.D. Va.) (represented plaintiff DoubleClick, Inc. in prosecuting a patent for the delivery of targeted advertising over the internet)
• Has served as lead counsel in numerous non-patent intellectual property cases, including:
• EyeRx Research, Inc. v. Barry Butler, et al., Civil Action No. 2:02cv882 (E.D.Va.) (misappropriation of trade secrets).
• Science Applications International Corp. v. Petris Technology, Inc., Civil Action No. 01-1857-A (E.D. Va.) (alleged infringement of copyrighted source code for a website)
• Decipher, Inc. v. David Yearick, et al., Civil Action No. 2:01cv450 (E.D. Va.) (alleged infringement of copyrighted board game)
• Coronet Group, Inc. v. Block Acquisition, Inc., No. 7-98-cv-21 F1 (E.D.N.C.) (misappropriation of trade secrets)
• Louis N. Skodras v. Richard P. Giannotto, M.D., et al., Chancery No. 95-1108 (Virginia Beach Circuit Court) (misappropriation of likeness pursuant to Va. Code § 8.01-40)
• C.C.I./N.B.C.V.T. v. Edmund C. Reiling, et al., Civil Action No. C-3-93166 (S.D.Oh.) (copyright infringement)
• H. D. Oliver Funeral Apartments, Inc. v. Dignity Funeral Services, Inc., et al., Case No. 2:97cv218 (E.D.Va.) (Lanham Act case for false advertising)
• JTH Tax, Inc., et al. v. H&R Block Eastern Tax Services, Inc., Civil Action No. 2:00cv51 (E.D.Va.) (Lanham Act case for false advertising) 

ANTITRUST/FRANCHISE

• Successfully represented a class of indirect purchasers in monopolization case involving actions taken to block the introduction of generic drugs. (In re: Thalomid and Revlimid Antitrust Litigation, 2:14-cv-6997 (D.N.J.)) The $55 million settlement is one of the largest for end payors in an antitrust case.
• Obtained summary judgment for the defendant on all counts in a $200 million antitrust case involving the marina and real estate development industries. (Levine v. McLeskey, 881 F. Supp. 1030 (E.D.Va.1995), affirmed in part, vacated in part, 164 F.3d 210 (4 th Cir. 1998))
• Obtained a defense jury verdict, after six weeks of trial in Wilmington, Delaware, on claims of attempted monopolization and resale price fixing. The claims were brought against an oil company by one of its franchisees. The Court had previously granted summary judgment on the claims of exclusive dealing, tying and monopolization. (Kellam Energy, Inc. v. Duncan, 668 F. Supp. 861 (D.Del. 1987))
• Successfully argued that payments made by a nationwide school photography company to public high schools did not constitute illegal brokerages prohibited by the Robinson-Patman Act. In ruling for the photography company, the United States Court of Appeals for the Fourth Circuit rejected two Virginia Attorney General opinions squarely on point. (Stephen Jay Photography, Ltd. v. Olan Mills, Inc., 713 F. Supp. 937 (E.D.Va. 1989), aff’d, 903 F.2d 988 (4th Cir. 1990))
• Negotiated a $10 million plus settlement for a chemical company that was the target of anticompetitive acts undertaken by an international cartel.
• Obtained summary judgment on behalf of a specialty chemical manufacturer in an antitrust suit brought by a competitor. The United States District Court in Cleveland, Ohio ruled that a monopolist does not have to share its advantageous supply arrangements with competitors if alternatives (albeit more expensive ones) are available. (National Sweetwater, Inc. v. Technical Products Corporation, Case No. 90-cv-1533 (S.D. Oh., Dec. 20, 1991))
• Obtained a multi-million dollar settlement from a Fortune 500 fast food franchisor on behalf of a multiple restaurant franchisee. The case involved the franchisor’s attempts to terminate various franchise agreements. (Robert J. Kubicki & Janice A. Kubicki and RJK of Gloucester, Inc. v. McDonald’s Corporation, et al., Civil Action No. 4:93cv00072 (E.D. Va.))
• Obtained a multi-million dollar settlement and buyout from a hotel franchisor on behalf of a franchisee/hotel co-owner. (Virginia Investors Assoc., et al. v. Guest Quarters Hotels, L.P., et al., Civil Action No. 90-1281-N, E.D. VA.))

SHAREHOLDER/PARTNERSHIP DISPUTES

• Obtained the reversal of a grant of summary judgment in a multimillion-dollar case brought by limited partner alleging fraud and breach of contract in the operation of a real estate partnership. (Cranbrook Investors, Ltd. v. Great Atlantic Management Co., 1999 WL 1020534 (4Cir., Nov. 10, 1999))
• Obtained a ruling in a derivative action that officers and directors of a corporate general partner owe a fiduciary duty directly to the limited partners in the partnership. (Tropical Gardens, Ltd. v. Joseph, CL99-1593 (Virginia Beach Circuit Court, Jan. 20, 2000))
• Has served as counsel in numerous other majority/minority shareholder and partnership disputes, including:
• Knopp v. Makall, Docket No. 2009-CA-335-B (D.C. Superior Court) (represented officers and directors in shareholder derivative action)
• Daniels v. Hecht, Chancery No. CH02-3896, Virginia Beach Circuit Court (represented 50% shareholder in dissolution and derivative actions)
• Brenda Egnor v. Everett Timothy Hartsfield, et al., Chancery Nos. CL01-2054/C02-1326 Norfolk Circuit Court (represented minority shareholder in dissolution and derivative actions)
• Sutton v. Salamon, et al., CL 00-452, Virginia Beach Circuit Court (represented minority shareholder in a direct action brought against majority shareholders of an oil services company)
• W.D. Holly, Jr., et al. v. Waste Management Inc., et al., Case No. 2:00cv130 (E.D.Va.) (represented the former top executives of a Fortune 500 corporation in an action brought by shareholders alleging fraud and violations of RICO in the preparation of corporate financial statements)
• Kiger v. Loving, At Law No. 96-2009, Virginia Beach Circuit Court (represented minority shareholder in a derivative action brought against majority shareholders of Max Media)
• Bishop v. Environmental Engineering & Technology, Inc., Nos. 28732-RF and 28733-RW, Newport News Circuit Court (represented minority shareholder in corporate dissolution suit and in a derivative/direct action against the majority shareholder of an engineering and consulting firm)
• Pheasant, Inc. v. Klein, C95-733, Norfolk Circuit Court (represented the minority shareholder in a dissenter’s rights stock valuation proceeding conducted pursuant to Va. Code § 13.1-740)
• Creditors Trust of Marine Hydraulics Int’l, Inc. v. Hong, Civil Action No. 2:95cv941, (E.D. Va.) (represented creditors of a bankrupt shipyard in an action against a former corporate officer and director for unlawful distribution of corporate funds, breach of fiduciary duty and violations of RICO)
• Ventresca v. Jackson-Hewitt, Inc., Record No. 981874, Virginia Supreme Court (represented former director of publicly traded corporation in suit to enforce stock option rights. The case was settled after the Virginia Supreme Court granted an appeal)
• Strelitz v. Arena Capital, Civil Action No. 2:94cv984 (E.D. Va.) (represented a leveraged buy out fund in a suit brought by one of its limited partners) 

MISCELLANEOUS COMMERCIAL CASES

• Saharkhiz v. Nokia Corporation (Finland), 1:10-cv-912 (E.D. Va. 2010). (Defended Nokia in an Alien Tort Claims Act case)
• Hintz v. Experian Information Solutions, Inc., Civil Action No. 3:09-cv-291 (E.D. Va. 2009). (Defended Experian in a Fair Credit Reporting Act class action)
• McLeskey v. Davis Boat Works, Inc., 2000 WL 1008793 (4 th Cir., July 21, 2000) (obtained the reversal of a grant of summary judgment on claims involving piercing the corporate veil and operating through a dissolved corporation)
• Communications Facility Management Corporation v. Metromedia Hotelnet, Inc. 14 F.3d 46 (3d Cir. 1993) (unpublished) (represented appellant in reversal of district court’s abstention under Colorado River)
• Sentara Enterprises, Inc. v. CCP Associates, 243 Va. 39, 413, S.E.2d 595 (1992) (represented appellant in lease renewal appeal)
• Daughtrey v. Ashe, 243 Va. 73, 413 S.E.2d 336 (1992) (persuaded the Virginia Supreme Court, in a case of first impression, to extend the reach of section 2-313 of the Uniform Commercial Code)
• Superior Equipment Sales, Inc. Employee Stockownership Plan, et al. v. Sherman L. Reece, Civil Action No. 2:03cv184 (E.D. Va.) (negotiated $1.8 million settlement of securities fraud and ERISA claims arising from an ESOP leveraged buyout)
• PRA Receivables Management, LLC v. CrediTrends Technology Corporation, et al., Civil Action No. 2:03cv304 (E.D. Va.) (representing publicly traded company in suit to rescind the purchase of $200 million in credit card debt)

SIGNIFICANT ADR ENGAGEMENTS

• Arbitrated directly breach of contract, dissolution and shareholder derivative claims asserted against large medical practice Gehring v. Mt. Vernon Internal Medicine, P.C., Civil Action No. CL 2014-05895 (Fairfax VA Circuit Court)
• Arbitrated through AAA breach of contract and fraud claims between two regional banks involving the sale of $100 million in HELOC loans. M&T Bank v. First Tennessee Bank., 13-cv-977 (W.D.N.Y.)
• Arbitrated directly a pre-filing coverage dispute between two insurance companies (2009) Successfully mediated dozens of ITC Section 337 investigations and related USDC cases involving patent infringement, trademark/trade dress and unfair competition in numerous distinct lines of international commerce. (2010 to present)
• Successfully mediated USDC case involving the alleged misadministration of a Trust that Yahoo! created to benefit Chinese dissidents. DePu v. Oath Holdings, Inc., Civil Action No. 1:17-cv-635 (D.D.C.) (2025)
• Successfully mediated pre-filing breach of contract and fraud claims involving a pre- IPO financing (2015-16)
• Successfully mediated trademark ownership dispute between two restaurant chains. Yun v. Lee, Cancellation No. 92/059, 120 (USPTO-TTAB)
• Successfully mediated breach of contract and business relationships litigation between overseas manufacturer and domestic distributor. Polygroup, Ltd. v. General Foam Plastics Corp., No. 3:12-cv-48 (E.D. Va. 2012)
• Successfully mediated multi-party fraudulent conveyance litigation related to the personal guaranty of business debt. TD Bank, N.A. v. Pearl, Civil Action No. 12-01-315 (D.D.C.)
• Successfully mediated litigation involving seller responsibility for environmental claims per M & A documents. Western Refining Yorktown, Inc., v. BP North America, Inc., 4:08-cv-118 (E.D. Va.)opy