Kelly J. Kubasta

Kelly J. Kubasta is an attorney and shareholder of Ferguson Braswell Fraser Kubasta PC. He focuses on a wide array of intellectual property, with particular emphasis on patent, trademark, and trade dress litigation and licensing. Kelly’s litigation experience, advising both plaintiffs and defendants, includes infringement issues involving patents, trademarks/service marks, product trade dress, and copyrights, as well as breach of contract, unfair competition, trade secret, and antitrust issues.

Kelly represents clients with products and services that cover a broad range of industries, including software, consumer goods, apparel, electronics, energy exploration devices, medical devices, automotive components, and architectural designs. He has substantial experience in Federal Court, both trial and through appeal, as well as in Texas state court. He has also represented clients in mediations to resolve disputes both before and during litigation.

Kelly is also skilled in strategic portfolio management and advises clients on effective methods of protecting and leveraging their intellectual property assets- with special emphasis on maximizing both short-term and long-term benefits while balancing the clients’ budget concerns. To this end, he has drafted dealer/franchisee agreements, negotiated software development and licensing agreements, constructed Internet e-commerce policies, and resolved domain name disputes through ICANN. A registered patent attorney, he has prepared and prosecuted both utility and design patents in various fields, including mechanical and electronic devices, industrial equipment, telecommunications, optics, software, and business methods.

Kelly earned a J.D. from the University of Texas School of Law, and a Bachelor of Science degree in mechanical engineering from University of Texas at Austin.