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Allison E. Kerndt


Allison recently joined the Davis Brown Law Firm as Special Counsel in the Intellectual Property department and practices in the areas of patents, trademarks, copyrights, and intellectual property litigation. Allison is a member of the Davis Brown team working with emerging businesses in the Start-Up Launchpad where she assists clients in the areas of intellectual property and software and cyberlaw.


Allison has significant experience advising clients on issues related to the management of their intellectual property portfolios. She enjoys partnering with her clients, solving complex legal issues, and helping her clients realize their business goals. She routinely provides clients with freedom to operate and due diligence opinions, and advises clients on intellectual property regulatory and licensing issues.


Her experience spans a wide range of technical areas, including pharmaceutical, chemical, and cosmetic arts, biomedical devices, electronic devices, and business methods. She is also experienced in the preparation and prosecution of patent applications and registered to practice before the United States Patent and Trademark Office.


Prior to joining Davis Brown Law Firm, Allison was an associate at Covington & Burling LLP, in Washington, D.C. From 2008-2009, she served as a judicial clerk for the United States Court of Appeals for the Federal Circuit. She began her legal career at Finnegan Henderson, an intellectual property boutique law firm in Washington, D.C.


  • Represented JT&O Technologies, LLC v. Continental Technologies, Inc. d/b/a Extreme Outdoor Products et al. (E.D. Tenn.). Represented Defendants Dick’s Sporting Goods and XOP in patent litigation concerning tree stands.

  • Swanson v. ALZA Corp. (N.D. Cal.). Represented ALZA Corp., a Johnson & Johnson subsidiary, in an inventorship dispute pending in the U.S. District Court for the Northern District of California, where ALZA Corp. prevailed on summary judgment.

  • Deere & Company v. Duroc LLC et al. (S.D. Ia.). Represented Deere & Company in a patent infringement trial concerning dual deck flex-wing rotary cutters in the U.S. District Court for the Southern District of Iowa.
  • Association for Molecular Pathology v. Myriad Genetics (No. 2010-1406). Represented Pharmaceutical Research and Manufacturers of America (PhRMA) as amicus curiae before the United States Supreme Court and the United States Court of Appeals for the Federal Circuit, concerning the patent-eligibility of isolated human genes.
  • Augme Technologies, Inc. v. Gannett Co., Inc. et al. (S.D.N.Y.); Augme Technologies, Inc. v. AOL Inc. et al. (S.D.N.Y.); and Augme Technologies, Inc. v. Tacoda, Inc. (S.D.N.Y.). Represented AOL in three related patent infringement cases where the plaintiff asserted four patents against AOL’s targeted web advertising technology.
  • Garnet Digital, LLC v. Apple, Inc. et al. (E.D. Tex.). Represented Hewlett-Packard in patent litigation brought by Garnet Digital involving technology related to video streaming on a mobile device.
  • King Pharmaceuticals Inc. et al. v. Teva Parenteral Medicines Inc. (D. Del.). Represented King Pharmaceuticals in patent litigation against Teva enforcing King’s patents, which covered King’s life-saving EpiPen® Auto-Injector products.
  • Nomadix, Inc. v. Hewlett-Packard Company, et al., 09-cv-8441 (C.D. Cal.). Represented Hewlett-Packard in a patent infringement case involving patents concerning network gateway devices.
  • MedioStream, Inc. v. Microsoft Corp et al., 3:11-cv-2525 (N.D. Cal.). Represented Microsoft Corp. in a patent litigation action involving patents concerning multimedia conversion technology.
  • In the Matter of Certain Wireless Communication Devices and Systems, Components Thereof, and Products Containing Same, Investigation No. 337-TA- 775 (U.S. International Trade Commission). Successful representation of Hewlett-Packard and Apple Inc. in patent infringement litigation involving wireless communication systems, resulting in complainant withdrawing its complaint.
  • Represented a pharmaceutical research company in Hatch-Waxman litigation against multiple defendants in multiple federal courts.
  • Advised client regarding technology transfer agreement and related Bayh-Dole issues.
  • Performed due diligence and pre-litigation assessment of patent portfolio on behalf of an e-commerce company.
  • Provided client counseling and due diligence opinion to a pharmaceutical research company concerning submissions to the Food and Drug Administration.
  • Representation of a seed manufacturer in litigation related to genetically modified crops, involving patent, antitrust, and breach of contract claims.
  • In the Matter of Certain Electronic Devices Including Handheld Wireless Communication Devices, Investigation No. 337-TA-673 (U.S. International Trade Commission).
  • Represented a pharmaceutical research company in Hatch-Waxman litigation related to a pharmacologic stress agent.
  • Prosecuted patent applications before the United States Patent and Trademark Office on behalf of a pharmaceutical research company.
  • Prosecuted patent applications before the United States Patent and Trademark Office on behalf of a multi-national cosmetic company.


  • Washington DC Super Lawyers, IP Litigation “Rising Star” (2014)