Stephen Kunin

Mr. Kunin is a Partner at Maier & Maier PLLC, where he specializes in all areas of patent practice. His expertise includes post-issuance proceedings at the United States Patent Office, opinions of counsel, advising attorneys and our clients on complex patent prosecution matters, patent litigation strategy, and United States Patent Office patent policy, practice and procedure, for which he is highly sought after for expert testimony. Mr. Kunin has presented expert testimony covering numerous subjects, including:

  1. Duty of candor and good faith (inequitable conduct)
  2. Subject matter eligibility and utility
  3. Restriction practice and double patenting
  4. Inventorship
  5. Declaration/affidavit practice
  6. Certificates of correction
  7. Petitions practice
  8. Reexamination and reissue
  9. Interferences
  10. Ownership
  11. Statutory disclaimers
  12. Written description
  13. Date of public availability of abandoned applications referenced in prior art publications
  14. Prosecution laches
  15. Right of priority under Paris Convention

In addition to serving as an expert witness, Mr. Kunin has vast experience in providing lectures on recent US patent law developments across the USA, Europe and the Far East.  He has more than 52 years of experience in the patent profession.

After graduating from Washington University (MO) with a Bachelor’s in Science in Electrical Engineering with honors in 1970, Mr. Kunin embarked on his lengthy career over nearly 35 years at the United States Patent Office. He received his JD in law degree with honors in 1975 from The National Law Center at George Washington University. He held many significant positions with the USPTO, which culminated with ten years of service as the Deputy Commissioner for Patent Examination Policy from 1994-2004. While at the USPTO, he was a leading voice in forming patent policy, in revising examination guidelines on subject matter eligibility, utility, non-obviousness and written description, and in establishing reissue and reexamination procedures. Mr. Kunin spearheaded revisions to the Rules of Practice and Manual of Patent Examining Procedure, making key changes to chapters on ex parte reexamination, reissue, and inter partes reexamination.

Since leaving the PTO, Mr. Kunin has been a practicing patent attorney for more than 18 years counseling clients in post-grant patent proceedings at the USPTO and routinely serves as an expert witness in patent litigation cases. He is a registered patent attorney with the USPTO, and admitted to practice in the Commonwealth of Virginia, before the U.S. Court of Appeals for the Federal Circuit, and before the United States Supreme Court. From 2005 through 2017, Mr. Kunin served as the Intellectual Property Program Director at the Antonin Scalia School of Law at George Mason University, while teaching patent and intellectual property law classes as an adjunct professor of law.

Recognitions and Awards

Over the course of his illustrious career, Mr. Kunin has received many notable awards, including the Meritorious Executive Presidential Rank Award, The Vice President’s Reinventing Government Hammer Award, four Gold Medals, three Silver Medals, and one Bronze Medal from the Department of Commerce, and a Career Achievement Award from the USPTO. He has been named one of Intellectual Property Today’s most influential people in IP law, he was recognized by IAM Patent 1000 in the field of Patent Law, and he has been named among both Best Lawyers and International Advisory Experts leading attorneys in the field of Intellectual Property.

Most recently:

  • Mr. Kunin was recently included in the 2025 edition of The Best Lawyers in America® for Patent Law.
  • Mr. Kunin was also included in the 2024 edition of The Best Lawyers in America® for Patent Law.
  • In June of 2022 he was again named one of Managing Intellectual Property’s “IP stars.”
  • Mr. Kunin has been selected as a 2022 Go To Intellectual Property Lawyer by Virginia Lawyers Weekly and his profile is set to appear in the September 26, 2022 issue of Virginia Lawyers Weekly.
  • On August 18, 2022, Mr. Kunin was selected by his peers for recognition of professional excellence in the 29th edition of The Best Lawyers in America® for work in Patent Law.

Representative Patent Expert Witness Engagements

  • Allergan Sales* v. Sandoz, (Civil Action No. 2 :17-cv-10129-CCC-MF), United States District Court for the District of New Jersey [report & deposition]
  • Amarin Pharma* v. Hikma Pharms, (Case No. 2 :16-cv-02525-MMD-NJK), United States District Court, District of Nevada [rebuttal report & deposition]
  • AstraZeneca Canada, Inc. v. Teva Canada Ltd*, (Case No. T-592-21), Canadian Federal Court (Ottawa), [report]
  • Beacon Point Capital v. Philips Electronics North America* (AAA Case No. 50-20-0700-0029), American Arbitration Association [report, deposition, and arbitration hearing]
  • bioMerieux v, Hologic et al.*(Civil Action No. 18-21-LPS-CJB), United States District Court for the District of Delaware [reply report & deposition]
  • Black Horse Capital* v. Auxilium Pharms., Inc., (AAA Case No. 01-20-000-3951), American Arbitration Association [report]
  • Boehringer Ingelheim Pharms, Inc.* v. Aurobindo Pharms USA, Inc. et al. (Civil Action No. 17-7887 (MAS)(LHG), United States District Court for the District of New Jersey [report & deposition]
  • Boston Scientific Corp., Inc.* v. Cook Group, Inc. et al. (Civil Action No. 1:17-cv-03448-JRS-MJD, United States District Court for the Northern District of Indiana, Indianapolis Division [report & deposition]
  • Comcast Cable Communications, LLC* v. Rovi Guides, Inc., Inter Partes Review No, IPR2020-00787, USPTO PTAB [declaration]
  • DRIT LP* v. Glaxo Group Limited and Human Genome Sciences, Inc. (C.A. No. N16C-07-218 WCC CCLD), Superior Court of the State of Delaware [report, deposition & trial]
  • Genzyme Corp.* v. Synpac (AAA ICDR Case No. 01-20-000o-5081), American Arbitration Association [report, rebuttal report & Arbitration Hearing]
  • Gilbert P. Hyatt v. Joseph Matal*, (Civil Action Nos.: 1:09-cv-1864 (RCL), 1:09-cv-1869 (RCL), 1:09-cv-1872 (RCL) and 1:05-cv-2310 (RCL)), United States District Court, District of Columbia [report, rebuttal report deposition & trial]
  • Immunex Corporation, Amgen Manufacturing, Limited and Hoffman-La Roche Inc.* v. Sandoz Inc., Sandoz International GMBH and Sandoz GMBH, (Civil Action No. 2:16-cv-01118-CCC-MF), United States District Court for the District of New Jersey [report, deposition & trial]
  • In re Biogen ’755 Patent Litigation, Civil Action No. 2:10-cv-02734 (CCC)(JBC), United States District Court, District of New Jersey [report for EMD Serono, Inc. and Pfizer, Inc.* and deposition]
  • In re Certain Automated Storage and Retrieval Systems, ITC Investigation No. 337-TA-1228, United States International Trade Commission, Washington, D.C. [report for Ocado*, deposition, witness statement & trial]
  • In re Certain Knitted Footware, ITC Investigation No. 337-TA-1289, United States International Trade Commission, Washington, D.C. [report for Nike*]
  • In re Certain Vehicle Control Systems, Vehicles Containing the Same and Components Thereof, ITC Investigation No. 337-TA-1235, United States International Trade Commission, Washington, D.C. [report for Porsche & VW* & deposition]
  • Lear* v. NHK Seating, (Case No. 2:18-cv-10613-LJM-RSW), United States District Court, Eastern District of Michigan, Southern Division [report, deposition & declaration]
  • Magna Mirrors of America* v. SMR Automotive Systems, (C.A. No. 1:17-cv-00077-RJJ-PJG), United States District Court, Western District of Michigan [report & deposition]
  • Manufacturing Resources, Inc v. Civiq Smartscapes, LLC*, (Civil Action No. 17-269-RGA), United States District Court for the District of Delaware [report, reply report & deposition]
  • MasterObjects, Inc. v. Amazon.com, Inc.*, (Case No. 3:20-cv-08103-WHA), United States District Court for the Northern District of California [report & deposition]
  • Merial, Inc. v. Intervet International B.V.*, (Case No. 0047402-78.2018.4.02.5101), 31 Vara Federal da Secao Judiciaria do Rio de Janeiro (Brazil) [declaration]
  • nCap Licensing, LLC v. Apple, Inc.*, (Case No. 2:17-cv-00905), United States District Court, District of Utah, Central Division [report]
  • Novartis* v. Regeneron, (Case No. 1:18-cv-0234-DLC), United States District Court, Southern District of New York [report & deposition]
  • NuVasive, Inc.* v. Alphatec Holdings, Inc., (Case No. 3:18-cv-00347-CAB-MDD), United States District Court, Southern District of California, San Diego Division [report & deposition]
  • Omni MedSci, Inc. v. Apple, Inc.*, (Case No. 2:18-cv-00134), United States District Court, Eastern District of Texas [report]
  • Palomar Techs.* v. MSRI Systems, (Civil Action No. 1:18-cv-10236-FDS), United States District Court, District of Massachusetts [report, deposition, and trial]
  • Ravgen, Inc*. v. Quest Diagnostics, Inc., (Case No. 2:21-09011-RGK (GJSx)), United States District Court, Central District of California [report & deposition]
  • Sanofi-Aventis U.S. LLC, Genzyme Corp., and Regeneron Pharmaceuticals, Inc. v. Immunex Corporation* (Case IPR2017-01879), United States Patent and Trademark Office, before the Patent Trial and Appeal Board [declaration]
  • Sanofi-Aventis U.S. LLC, Genzyme Corp., and Regeneron Pharmaceuticals, Inc. v. Immunex Corporation* (Case IPR2017-01884), United States Patent and Trademark Office, before the Patent Trial and Appeal Board [declaration]
  • E. Fred Schubert v. Lumileds, LLC*, (Case No. 1:12-cv-924-MN), United States District Court, District of Delaware [report & deposition]
  • Semicaps PTE LTD v. Hamamatsu Corporation et al. (Case No. 17-cv-03440-DMR), United States District Court, Northern District of California [rebuttal report]
  • The Sherwin-Williams Co. v. PPG Industries, Inc.*, (Case No. 2:17-cv-01023-JFC), United States District Court, Western District of Pennsylvania [report & deposition]
  • Taiho Pharmaceutical Co., LTD* v. Natco Pharma LTD et al., (Civil Action No. 19-2368-CFC), United States District Court, District of Delaware [report; supplemental report & deposition]
  • Trading Technologies International, Inc.* v. IBG LLC et al., (Case No. 1:10-CV-00715), United States District Court, Northern District of Illinois, Eastern Division [report & deposition]
  • Trading Technologies International, Inc.* v. IBG LLC et al., (Case No. 1:10-CV-00715), United States District Court, Northern District of Illinois, Eastern Division [report & deposition]
  • Ultravision Techs., LLC v. Samsung Elecs., Co. et al*., (Case No. 2:19-CV-00252-JRG-RSP), United States District Court, Eastern District of Texas, Marshall Division [report]
  • W.R. Grace, Inc.* v. Elysium Health, (C.A. No. 1:20-1098-CFC-JLH), United States District Court, District of Delaware [report]
  • Zest Labs, Inc. v. Walmart, Inc.*, (Case No. 4;18-cv-00500-JM, United States District Court, Eastern District of Arkansas [report, deposition & declaration]
  • Education
    • BS, Electrical Engineering, Washington University (MO)
    • JD, George Washington University Law School
    • John F. Kennedy School of Government, Harvard University
      • Senior Managers in Government Program
  • Admission
    • Commonwealth of Virginia
    • US Court of Appeals for the Federal Circuit
    • Supreme Court of the United States
    • United States Patent and Trademark Office
  • Membership
    • American Intellectual Property Law Association (AIPLA), Patent Cooperation Treaty Committee, Vice-Chair (2011-present), Industry Trilateral Working Group member (2008-present), Quarterly Law Journal, Editorial Board Member (2005-2007)
    • The Center for the Advanced Studies Research on Intellectual Property at the University of Washington's School of Law in Seattle, Washington, Advisory Committee Member (2005-2017)
    • Intellectual Property Owners Association, Patent Office Practice (U.S.) Committee (2005-2008); U.S. Patent Law Committee, Member (2011 - current)
    • IP Law360, Editorial Advisory Board (2010)
    • Licensing Executives Society
    • Federal Circuit Bar Association
    • American Bar Association