Edward A. Kmett

Partner
Ed Kmett
Ed Kmett focuses on patent, trademark, and copyright litigation; patent prosecution; patent infringement and validity opinions; and trademark prosecution. Ed’s areas of practice include computers, software, Internet business methods, semiconductor fabrication processes, steel rule fabrication processes, medical devices and their methods of use, genotype analysis software, robotics, solid-state imaging devices, and aerospace and aircraft flight control systems. He gained engineering experience while in the military and aerospace industry, where he worked on aircraft and spacecraft mechanical systems design.  He was a lead design engineer at McDonnell-Douglas and performed design work on aerospace projects at Northrop Grumman and Hughes Space and Communications.

Ed also has experience advising clients and litigating family law matters in California state courts, including divorce, child custody, child support, spousal support, and property issues.  He also has experience advising and preparing trusts, wills, and associated documents as part of an estate plan for clients.

Experience

Representative Matters

  • Successfully defended patent infringement action on behalf of Electrix.  On an issue of first impression, Ed won a summary judgment motion on plaintiff’s failure to mark its products with a reissue patent number, where plaintiff claimed to have marked its products with the original (surrendered) patent number.  The summary judgment decision ended the case, since plaintiff could not recover any damages. Targetti North America, Inc. vs. Electrix Inc.
  • Obtained a favorable settlement on behalf of Medi-Rub USA in a trademark infringement action brought by Medi-Rub, Inc. in the Superior Court of the State of California for a trademark related to body massagers.  Also aided client in obtaining full coverage of attorney’s fees from insurer. Medi-Rub Inc. v. Medi-Rub USA
  • Successfully obtained a consent judgment on behalf of Metra Electronics for infringement of patents related to car stereo installation kits. Metra-Electronics Corp. v.New AMA Group Inc. and Best Electronics
  • Obtained a judgment of more than $800,000 for Metra-Electronics in an action for patent infringement, trademark infringement, and copyright infringement in the Central District of California. Metra Electronics Corp. v. Best Electronics and Kewen Lee
  • Obtained a favorable settlement on behalf of client Michael B. for copyright infringement of jewelry design. Michael B. Inc. v. Sun Jewelry Corp.
  • Obtained favorable settlement for trademark infringement action. U.S. Beverage LLC v. U.S. Beverage Company
  • Obtained favorable settlement for copyright infringement. Michael B. Inc. v. Victor Hadad
  • Obtained favorable settlement for copyright infringement. Michael B. Inc. v. Dejuan Jewelers
  • Obtained favorable settlement for patent infringement. Metra Electronics v. HiTech Mobile Sound Inc.
  • Obtained favorable settlement defending action for patent infringement. Targetti North America Inc. v. Legion Lighting

Representative Clients

  • Canon
  • Metra Electronics Corp.
  • IBM
  • PVH Corp.
  • Medi-Rub USA
  • Electrix Inc.
  • Michael B. Inc. 

Insights

Credentials
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Education

  • J.D. Southwestern University School of Law 1999
    • Writer, Southwestern University Moot Court Program
  • M.S. California State University, Long Beach 1995
    • Thesis, "A Stability and Control Comparison between a Single Fuselage Aircraft and a Twin Fuselage Aircraft" 
  • B.S. Widener University 1984

Bar Admissions

  • California

Court Admissions

  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. Court of Appeals for Veterans Claims
  • U.S. District Court for the Central District of California
  • U.S. District Court for the Northern District of California
  • U.S. District Court for the Southern District of California

Professional Memberships and Activities

  • Member, California Lawyers Association
  • Member, American Intellectual Property Law Association
  • Member, Orange County Intellectual Property Law Association
  • Member, San Diego Intellectual Property Law Association
  • Member, Orange County Bar Association

Community
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Pro Bono

Ed has performed a variety of pro bono work for various organizations, including:

  • Representing veterans before the U.S. Court of Appeals for Veterans Claims  
  • Representing veterans in family law and estate planning matters via the Veterans Legal Institute
  • Representing low-income clients in family law matters for the Public Law Center (Orange County) and the Legal Aid Society (Orange County)

Volunteerism

  • Volunteer girls youth softball coach, 1999 - present
  • Volunteer member, board of directors, Mission Viejo Girls Softball and Laguna Niguel Girls Softball
 

Personal Activities

Ed has been a craft beer brewer for more than 20 years, and is a member of the Brewers Association, a nationally recognized association for craft brewers. He also is a member of the Aircraft Modelers Association and enjoys designing, building, and flying remote-control aircraft.

As a coach, Ed won an Amateur Softball Association national championship in 2009, and won a World Series championship the same year. Over the years, he has taken his teams to more than a dozen national championship tournaments, with several top 10 finishes.