Keith A. Walter, Jr.

Partner
keith.walter dbr.com
Phone: (302) 467-4265 (302) 467-4265

About

Keith A. Walter, Jr. counsels foreign and domestic clients in a variety of legal matters to support their overall strategic business objectives. Keith regularly advises clients on the development, protection, enforcement and licensing of their intellectual property portfolios, and provides general counsel on a variety of legal issues that impact the bottom line. He advises U.S. and international entities from start-ups to Fortune 100 corporations.

Keith’s clients know him to be a strategic adviser when it comes to securing, maintaining, enforcing and licensing intellectual property rights in the United States and throughout the rest of the world. They also regularly seek his counsel as they set out to plan and implement growth strategies beyond the management and procurement of their intellectual property portfolios. On behalf of his clients, Keith handles disputes and licensing matters, prepares and negotiates agreements, provides due-diligence studies, and counsels on portfolio management and procurement.

As a seasoned litigator, Keith has secured victories for both plaintiffs and defendants in a wide variety of complex commercial litigations, including intellectual property, antitrust, advertising, employment, real estate, product liability, contracts, and class action matters. He has served as lead trial counsel in numerous cases before judges and juries in both superior and chancery court, as well as, U.S. district courts across the country, including the District of Delaware and the Eastern District of Texas. In addition, Keith has extensive experience representing clients before governmental agencies such as the International Trade Commission (ITC), the Consumer Product Safety Commission (CPSC), and the United States Patent Trademark Office (USPTO). As lead trial attorney, Keith is responsible for the direction of all aspects of litigation and dispute resolution matters from case assessment, to electronic document collection and production, to discovery, settlement proceedings and trial.

Prior to entering the legal profession, Keith worked as a chemist at the U.S. Department of Energy. This technical background gives Keith a viable entrée to effectively serve a wide variety of industries. He achieves a complex understanding of his clients’ businesses that makes him a strategic legal and business adviser, guiding decisions that ultimately impact overall company performance.

Experience

Keith has served as lead litigation counsel in various intellectual property, contracts, and antitrust matters before U.S. District Courts and State Courts across the country, the International Trade Commission (ITC) and the Patent Trial and Appeal Board (PTAB) of the United States Patent Trademark Office (USPTO). Here are some of his representative cases:

District Court

  • Alcorn Communications, LLC v. Implix USA, Inc., Civ. No. 12-cv-576-SLR (D. Del.)
  • Alex is the Best, LLC v. ZTE Corporation and ZTE (USA), Inc., Civ. No. 13-cv-1728-RGA (D. Del.)
  • Alexandr Tsvettsikh v. WBM LLC d/b/a WBM International, CA No. 17-cv-1004 (E.D.N.Y.)
  • Blue Sunny Skies, LLC, Sun Energy Partners I, LLC, and Blue Solar, LLC v. PV Thermal Solar, LLC, SolarRac2, MJM Fabrications, Inc., and Dave Lewenz, Civ. No. 12-cv-829-SLR (D. Del.)
  • Bosch Automotive Services Solutions Inc. v. Autel.US. Inc. and Autel Intelligent Technology Co., Ltd., Civ. No. 13-10534-TGB-LJM (E.D. Mich.)
  • CryptoPeak Solutions LLC v. Professional Trading Solutions Inc., Civ. No. 15-cv-1309 (E.D. Tex.)
  • Endeavor Meshtech Inc. v. Rajant Corporation, Civ. No. 16-cv-0013 (E.D. Pa.)
  • Ford Motor Co. v. Autel.US. Inc. and Autel Intelligent Technology Co., Ltd., Civ. No. 14-13760-TGB-MJH (E.D. Mich.)
  • General Motors LLC v. Autel.US. Inc. and Autel Intelligent Technology Co., Ltd., Civ. No. 14-14864-TGB-MJH (E.D. Mich.)
  • Global Product Resources, Inc. v. WBM Pvt. Ltd., WBM, LLC, Designed 4 Life, LLC, Walgreen Co., Does 2-20, Rite Aid Corporation (a/k/a Doe 1), Civ. No. 11-cv-3864-RGK-AGR (C.D. Cal.)
  • In re: Optical Disk Drive Antitrust Litigation, Civ. No. 10-md-2143-VRW (N.D. Cal.)
  • JSDQ Mesh Technologies LLC v. Fluidmesh Networks LLC, Civ. No. 16-cv-212 (D. Del.)
  • JSDQ Mesh Technologies LLC v. Peabody Energy Corp., Civ. No. 14-01338-GMS (D.Del.)
  • JSDQ Mesh Technologies, LLC v. Rio Tinto America Inc. and Kennecott Holdings Corp., Civ. No. 14-1341-GMS (D. Del.)
  • Linzer Products Corporation v. Chandra Sekar, Civ. No. 06-cv-13218-SAS (S.D. NY)
  • Memory Integrity LLC v. ZTE Corporation et al., Civ. No. 13-cv-01811 (D. Del.)
  • Natural Alternatives Int’l Inc. v. Vital Pharmaceuticals Inc. et al, Civ. No. 09-cv-00626 (D. Del.)
  • Niksun, Inc. v. Intelica Networks, Inc. and Krishna C. Pandey, Civ. No. 07-cv-070-TSE-TRJ (E.D. Va.)
  • PatentMarks Communications, LLC v. ZTE (USA), Inc., Civ. No. 14-1001-LPS (D. Del.)
  • R360 Environmental Solutions, Inc. v. Scott Environmental Services, Inc., Civ. No. 11-cv-3391 (S.D. Tex.)
  • Richard Bergkamp v. WBM LLC d/b/a WBM International, and Does 1-10, Inclusive, CA No. 17-cv-02533 (N.D. Cal.)
  • Roxlor, LLC v. Keraplast Technologies, LLC and KMS Ventures Inc., Civ. No. 14-1524-GMS (D. Del.)
  • Scott Environmental Services, Inc. and Scott Energy Technologies LLC v. Waste Facilities, Inc., CA No. 16-cv-1279-JRG-RSP (D. Del.)
  • Scott Environmental Services, Inc. v. A to Z Mud Co., Inc., Civ. No. 13-cv-701-JRG-RSP (E.D. Tex.)
  • Straight Path IP Group, Inc. v. ZTE Corp and ZTE (USA), Inc., Civ. No. 13-cv-607-MHS-KNM (E.D. Tex.)
  • The Good Nite Lite, LLC v. Keen Distribution, LLC and Gilt Groupe, Inc., Civ. No. 11-cv-1555-WSD (N.D. Ga.)
  • The Good Nite Lite, LLC v. The Gro Company, Civ. No. 11-cv-248-WSD (N.D. Ga.)
  • TLE Marketing Corporation v. WBM LLC, CA No. 17-cv-3812 (D. Minn.)
  • Vital Pharmaceuticals, Inc. v. Martin C. Hinz, Civ. No. 10-cv-61832-PHC (S.D. Fla.)

ITC

  • In re Certain Dental Ceramics, Products Thereof, and Methods of Making the Same, Inv. No. 337-TA-1050
  • In re Certain Radio Frequency Micro-Needle Dermatological Treatment Devices and Components Thereof, Inv. No. 337-TA-1112

PTAB – Inter Partes Review (IPR)

  • Autel Intelligent Technology Co., Ltd., v. Bosch Automotive Service Solutions LLC, IPR2014-00183.
  • Inland Environmental & Remediation, Inc. v. Scott Environmental Services, Inc., IPR2015-381
  • Waste Facilities Inc., v. Scott Environmental Services, Inc., IPR2018-00203
  • William Hill U.S. Holdco, Inc. and Brandywine Bookmaking LLC v. CG Technology Development, LLC, IPR2019-00317
  • William Hill U.S. Holdco, Inc. and Brandywine Bookmaking LLC v. CG Technology Development, LLC, IPR2019-00319
  • William Hill U.S. Holdco, Inc. and Brandywine Bookmaking LLC v. CG Technology Development, LLC, IPR2019-00320

State Courts

  • AeroChampion Gymnastics and Sports, Inc. d/b/a Jungle Gym’N Bounce and Darren R. Pieper v. JaJa Global, LLC, WBM International, LLC, John Does 1-5, Jane Does 1-5, and ABC Companies 1-5, Docket No. HNT-L-81-17 (N.J. Super.)
  • Two Farms, Inc. v. Davis, Bowen & Friedel, Inc. and Silicato-Wood Partnership, LLC, CA No. 2018-0169-KSJM (Del. Ch.)
  • Two Farms, Inc. v. Davis, Bowen & Friedel, Inc., and Silicato-Wood Partnership, LLC v. State of Delaware Department of Transportation, CA No. K17C-09-010-NEP (Del. Super.)

Credentials

Bar Admissions

  • Delaware
  • New York
  • Pennsylvania
  • U.S. Patent and Trademark Office

Education

  • Temple University Beasley School of Law, J.D., 1998, cum laude
  • Illinois State University, B.S., Chemistry, 1993

Court Admissions

  • U.S. Court of Appeals, Federal Circuit

Organizations

  • American Bar Association
  • American Intellectual Property Law Association (AIPLA)
  • International Trademark Association (INTA)
  • New York Intellectual Property Association