Mr. Kurk concentrates his practice on resolving intellectual property and complex commercial disputes in venues throughout the country. His experience ranges from prelitigation counseling and settlement of disputes to trials and appeals. He has extensive experience taking and defending depositions, appearing in court, briefing complex issues, preparing expert reports, and participating in trials.
In March 2018, he obtained an $8.6 million judgment in a trademark infringement action in the Northern District of Illinois, which included a full recovery of attorneys’ fees and a permanent injunction. He has continued to aggressively lead collection efforts against the judgment debtors, resulting in additional sanctions and findings of contempt.
He recently obtained a confidential settlement on behalf of a defendant accused of copyright infringement and trade secret misappropriation of a competitor’s software that arose from an employment agreement between the parties. After successfully getting several claims dismissed at the pleading stage, he was able to creatively settle the case for no money and only a small equity stake in the future business of the client.
Additionally, in a patent case, Mr. Kurk recently obtained dismissal of a declaratory judgment action in the Northern District of California based on lack of personal jurisdiction. In a trade secret case brought against former employees and their new company, he was the primary author of Daubert briefs resulting in the wholesale exclusion of plaintiff’s damages expert, which ultimately lead to a retrial on damages and a final judgment of no damages against the client.
He also supports patent proceedings at the PTAB and trademark litigation before the TTAB.
Finally, a portion of his practice focuses on employment matters, including disputes arising from NDAs and employment agreements, as well as discrimination cases.
From 2007 until 2013, he was an associate at Jenner & Block LLP in Chicago. There, he served as lead associate on a number of high-stake matters, which included securing an over $75 million judgment for a major chemical company in a patent infringement action tried in the District of Delaware; obtaining dismissal for defendants sued in Illinois state court by a Chinese corporation for trade secret misappropriation related to mobile handset technology; and obtaining a favorable settlement for a large health care provider in arbitration against its IT outsourcing provider. He also participated in several highly confidential internal investigations on behalf of clients.