Biography

Kenneth Stein is Of Counsel in the Firm’s Intellectual Property Litigation Practice Group. He has broad experience litigating patent, trade secret and copyright cases, including cases involving computer operating systems, hybrid motors, digital devices, video games, PC cards, e-commerce systems, and telephony devices.

Kenneth’s practice includes patent validity and infringement opinions, patent prosecution, intellectual property aspects of due diligence, intellectual property licensing and various contract matters. He has handled numerous matters involving complex technologies, including database systems, optical switching and communications systems, cellular communications systems, smart cards, fault tolerant computer systems, local area networks, digital cameras, personal digital assistants, digital watches, e-commerce systems, semiconductor devices, and many other software systems and electronic devices.

Prior to becoming a lawyer, Kenneth worked eight years at AT&T Bell Laboratories as a software engineer, where he developed operating systems, compilers, and programming tools. He also did research for a year at Stevens Institute of Technology, investigating programming techniques for maximizing the performance of highly parallel supercomputers. Kenneth has been listed in Super Lawyers since 2011 in the area of intellectual property litigation.

*No aspect of this advertisement has been approved by the Supreme Court of New Jersey. See the selection methodologies for Super Lawyers.

Awards

Representation

Representative Appellate Cases

Tomita Technologies USA LLC, et al. v. Nintendo Co., Ltd., et al., Fed. Cir. – Argued appeal on behalf of appellee Tomita Technologies in patent case relating to 3-D display technology.

Solomon Technologies, Inc. v. International Trade Commission and Toyota Motor Corporation et al., Fed. Cir. – Argued appeal on behalf of Solomon Technologies in patent case relating to motor technology in hybrid vehicles.

Contec Corporation v. Remote Solution Co., Ltd., 2d Cir – Argued appeal on behalf of Contec and obtained favorable decision on case of first impression before Second Circuit regarding whether arbitrator can decide disputes over arbitration with non-signatory.

Jackson v. Casio, Inc., Fed. Cir. – Argued appeal on behalf of Casio in patent case relating to electronic device.

Representative District Court Cases and Arbitrations

Tomita Technologies USA LLC, et al. v. Nintendo Co., Ltd., et al., S.D.N.Y – Represented Tomita Technologies in patent case relating to 3-D display technology.

ADP v. Ultimate Software Group, D.N.J. – Represented Ultimate Software Group in case relating to alleged trade secret and contract claims.

Feld Entertainment/Ringling Bros. v. Kid Rock, M.D. Fla. – Represented Feld Entertainment/Ringling Bros. in trademark infringement case.

Farstone Technology Inc. v. Apple Inc., C.D. Cal. – Represented Farstone in patent case relating to backup/recovery technology.

JDS Therapeutics and Nutrition 21 LLC et al. v. Pfizer et al., S.D.N.Y. – Represented JDS Therapeutics in patent cases relating to nutritional supplements.

Brown v. Hudson Creative Corp. et al., S.D.N.Y. – Represented plaintiff composer in copyright infringement case.

Represented claimant in arbitration involving agreement for remote monitoring and servicing of industrial equipment.

Represented respondent in arbitration involving joint venture agreement to develop pharmaceutical.

Research Development and Marketing Corp. v. Ingenico, D. Minn. – Represented RDM in copyright/trade secret case involving software for point-of-sale system.

Prepared prior art statement on behalf of World Wide Web Consortium (the standards group for the World Wide Web), leading to a director ordered reexamine of the Eolas patent on Web browser technology.

*Some of the above matters were handled by Kenneth prior to joining Brown Rudnick.

Education

New York University School of Law – J.D., cum laude, 1993
Stevens Institute of Technology – M.S., Computer Science, 1987
Wesleyan University – B.A., Physics, 1982

Bar Admissions

New York
New Jersey
U.S. Patent & Trademark Office
U.S. District Court for the Southern District of New York
U.S. District Court for the Eastern District of New York
U.S. District Court for the District of New Jersey
U.S. Court of Appeals for the Second Circuit
U.S. Court of Appeals for the Third Circuit
U.S. Court of Appeals for the Federal Circuit
U.S. Supreme Court
Publications
"Participation in Standard Setting Organizations in the Wake of the Latest Installment of the Rambus Saga," Bloomberg Corporate Law Journal, Vol. 2, Issue 1 (Winter 2007)
"Why Most Document Retention Policies In the Digital Era Are Ineffective," ALM Law Journal Newsletters: The Privacy & Data Protection Legal Reporter, Vol. 1, No. 11 (December 2006)
"Internet Privacy Do You Know Who’s Collecting Information About You?" ALM Law Journal Newsletters: The Privacy & Data Protection Legal Reporter, Vol. 1, No. 5 (June 2006)
Co-author, "Refined Languages: An Evolutionary Approach to the Use of Sequential Languages for Programming Parallel (MIMD) Machines," Parallel Processing: State of the Art Report, Pergamon Infotech Ltd., 15:4, 1987
Author, "An Implementation of Refined C," (master's thesis), Stevens Institute of Technology, Hoboken, New Jersey (May 1987)
Co-author, "Sequential Languages for Programming Highly-Parallel Computers," presented at the Second SIAM Conference on Parallel Processing for Scientific Computing (November 21, 1985)
Professional Affiliations
Board of Directors, Transport Group Theatre Company
Awards and Honors
Super Lawyers, Top Rated Intellectual Property Litigation Attorney in New York, NY, 2011-2021