Kevin J. Post

Kevin Post is a partner in the Intellectual Property Practice Group in the firm's New York office.

Areas of Practice

Kevin works extensively with high-technology and life science companies handling their complex patent disputes. He has litigated patent cases in nearly every significant patent jurisdiction, including the International Trade Commission, the District of Delaware, the Northern District of California, the Eastern and Western Districts of Texas, the Eastern District of Virginia, the Patent Trial and Appeal Board, and the Court of Appeals for the Federal Circuit on behalf of companies in a variety of technical fields, including cellular and wireless communications, video coding, networking, electronics, computer systems and software, network architecture and security, e-payments, e-commerce, imaging systems, GPS technology, process control systems, mechanical devices, pharmaceuticals, and biotechnology. Kevin has tried multiple cases involving standard-essential patents and F/RAND licensing issues, including breach of contract cases. From providing licensing support, patent portfolio analysis, and due diligence to handling all aspects of trial preparation and trial, Kevin’s experience has touched on all phases of IP litigation.

Experience

• Defending a large multinational consumer electronics company in worldwide litigation involving H.264 and H.265 video codec technology and FRAND issues.
• Defending the world’s leading consumer electronics company in multiple matters involving video coding, e-payments, data security, 5G telecommunications technology, and FRAND issues.
• Defending a large Korean consumer electronics company in multiple matters involving image sensors, camera technology, and wireless communications.
• Defended a major multinational telecommunications equipment company in an action alleging infringement of patents directed to various networking, LTE, and Power-Over-Ethernet technologies.
• Advising several large, multinational technology companies in licensing negotiations involving standards-essential patents directed to cellular, telecommunications, networking, and video coding technologies.
• Defended the world’s leading consumer electronics company in multiple district court litigations regarding electronic sale and transmission of music and video, data storage and access systems, and computer operating systems.

Honors

• Best Lawyers in America, 2025
• Legal 500, 2024-2025
• The World's Leading Patent Practitioners, IAM Patent 1000, 2023-2025
• BTI Client Service All-Stars, 2018
• Under 40 Hot List, Benchmark Litigation, 2017-2019
• Top Rated Intellectual Property Litigation Lawyer, Super Lawyers, 2024-2025
• Rising Star, New York and Washington, D.C. Super Lawyers, 2014-2020

Articles

• Co-author, “Second Trump Administration Could Shift SEP Agenda Amid Swift USPTO Appointment and ITC Uncertainty,” Intellectual Asset Management and Global Competition Review, April 22, 2025
• Co-author, “Recent Global Developments in the SEP Landscape,” New York Law Journal and Law.com, March 27, 2025
• Co-author, “United States: SEPs and FRAND – Litigation, Policy and Latest Developments,” Intellectual Asset Management IAM, October 24, 2024
• Co-author, “Recent Developments in 5G SEP Litigation Reveal Lessons for Future US Litigants,” Intellectual Asset Management (IAM), September 12, 2024
• Co-author, “High-Profile Investigations at the ITC Indicate its Growing Popularity as a Forum for Obtaining Injunctive Relief,” Intellectual Asset Management and Global Competition Review, April 19, 2024
• Co-author, “How IoT Manufactures Can Use Lessons From the SEP Space,” Intellectual Asset Management (IAM) and Global Competition Review (GCR), December 6, 2023
• Co-author, “United States: SEPs and FRAND – Litigation, Policy and Latest Developments,” Intellectual Asset Management IAM, October 27, 2023
• Co-author, “Overview of intellectual property, contractual, and statutory frameworks for protecting data assets in view of artificial intelligence applications,” Patent Lawyer Magazine, September 2023
• Co-author, “Overview of Intellectual Property, Contractual and Statutory Frameworks for Protecting Data Assets in View of Artificial Intelligence Applications,” The Patent Lawyer, September-October 2023
• Co-author, “Legislative Reforms to Overhaul ‘Unfavorable’ Patent Landscape – For Better or Worse,” Intellectual Asset Management (IAM) and Global Compliance Review (GCR), August 24, 2023
• Co-author, “What the Proposed EC SEP Regulation Might Mean for US Litigation,” Intellectual Asset Management (IAM), June 8, 2023
• Co-author, “Why Evidence Remains King When it Comes to Pricing SEPs” Global Competition Review and Intellectual Asset Management SEP FRAND Hub, March 28, 2023
• Co-author, “Juries to play key role in SEP litigation for infringement and damages,” Global Competition Review and Intellectual Asset Management, January 6, 2023
• Co-author, “Volatile US executive policy landscape means uncertainty for injunctions in SEP litigation,” Global Competition Review, December 21, 2022
• Co-author, “The Internet of Things: Application of Current FRAND Methodologies in Developing Markets,” The New York Law Journal, March 19, 2021
• Co-author, “Licensing and Litigation of 5G Standard-Essential Patents,” Bloomberg Law, December 7, 2020
• Co-author, “U.K. Supreme Court Permits SEP Holders to Require Worldwide FRAND Licenses,” IP Litigator, September-October 2020
• Co-author, “INSIGHT: The PREP Act May Ward Off Coronavirus-Related Patent Infringement Claims,” Bloomberg Law, April 10, 2020
• Co-author, “Challenges in Quantifying 5G Benefits and SEP Value,” Bloomberg Law, April 8, 2020

Media Mentions

Speaking Engagements

• Presenter, “U.S. Patent Litigation & Monetization Strategies,” Unified Patents Corporate IP Strategy Conference, November 7, 2024
• Presenter, “Examining the Latest Developments in Standard-Essential Patents at the ITC,” ACI Annual International Trade Commission (ITC) Litigation & Enforcement Conference, Washington, D.C., May 29–30, 2024
• Speaker, “SEPs and Open Source Patent Strategy,” Unified Patents 2023 Corporate IP Strategy Conference, November 15, 2023
• Speaker, “SEP & Frand Panel,” MIP Intellectual Property & Innovation Summit, September 22, 2023
• Speaker, “Insight IP SEP Series: Analysis of the VVC Standard – Litigation Strategies to Consider,” Insight IP Virtual Boardroom Series Webinar, June 15, 2023
• Speaker, “Litigating Standard Essential Patents in the U.S.,” IPWatchdog SEP Symposium, November 8-11, 2021
• Speaker, “SEPs and FRAND: 5G, IoT and Emerging Technologies” Managing IP U.S. Patent Forum, September 22-23, 2021
• Speaker, “SEPs: The Changing Global Landscape,” IP Watchdog Conference, September 12-14, 2021
• Speaker, “The Latest on SEPs/FRAND,” FCBA Bench & Bar Conference, June 23, 2021  
• Speaker, “Open Forum: Navigating the Turbulent Global SEP Landscape,” IAM IPBC Connect, March 24, 2021
• Speaker, “Litigating SEPs in the United States,” IP Watchdog Standard Essential Patent Symposium, November 17, 2020
• Speaker "The State of Play with SEPs in an Unwired World," LBR Webinar, November 12, 2020
• Speaker, “Litigating SEPs in the United States,” IP Watchdog Standard Essential Patent Symposium, November 10, 2020
• Speaker, “Understanding the ITC’s Approach to Standard Essential Patents,” ACI’s 12th Annual Practitioners’ Think Tank on ITC Litigation and Enforcement, August 24-25, 2020
• Speaker, “Patent Infringement Risks for Companies Manufacturing COVID-19 Related Products Protected by Third-Party Patents,” Strafford Webinar, June 4, 2020

Memberships

New York Intellectual Property Law Association

Intellectual Property Owners Association