Since 2002, Kirby has focused her efforts on helping clients successfully navigate their intellectual property (IP) challenges. She thrives on troubleshooting IP issues. She also enjoys being an advisor to clients when they need assistance in identifying, protecting, and leveraging their IP. Kirby has a special focus on the patent process, as she is a registered patent attorney. The patent system can be complicated, and Kirby helps clients be more comfortable and understand what inventions they can protect and how best to protect them. These inventions can be wide-reaching, and Kirby endeavors to make the patent process accessible to all, whether a start-up or a Fortune 500 company. Kirby utilizes checklists and forms and manages deadlines, sweating even the small stuff when it comes to IP for her clients so they can focus on growing and managing their businesses.
Not only does Kirby work with clients to tackle their IP issues as part of my her practice, but she is also committed to IP education and advocacy through her work with the State Bar of Texas and the American Chemical Society. As part of the State Bar of Texas, Kirby served as Chair of the IP Section for the 2018-2019 bar year, where the Section offered IP pro bono workshops for Texas entrepreneurs and also held its first Trademark Boot Camp, educating attorneys, paralegals and law students on the nuts and bolts of trademark law. Kirby also served as Chair of the American Chemical Society (ACS) Committee on Patents and Related Matters for 2018-2020, where she focused on educating members and the public about patents and other important IP issues and identifying opportunities to advocate on the importance of IP.
Professional Activities
American Chemical Society (ACS)
- Chair, Dallas-Fort Worth Local Section, 2018
- General Chair, Southwest Regional Meeting (SWRM), 2014
- Chair, National Committee on Patents and Related Matters, 2018-2020
- Member, National Committee on Ethics, 2021
- Member, National Committee on Constitution & By-Laws, 2022-2023
- Member, National Committee on Meetings and Expositions, 2024
- Councilor, Dallas-Fort Worth Local Section, 2022-Present
- Treasurer, Dallas-Fort Worth Local Section, 2006-2012
- Member, Chemistry and the Law Division (CHAL), Small Chemical Business Division (SCHB), and Division of Business Development & Management (BMGT)
State Bar of Texas
- Course Director for 2022 Contracting in the Covid and Post-Covid World Course
- Course Director for 2020 Advanced Intellectual Property Litigation Course
- Chair, Intellectual Property Section, 2018-2019
- Chair-Elect, Intellectual Property Section, 2017-2018
- Chair, Women and the Law Section, 2017-2018
- Council Member, Women and the Law Section, 2020-Present
- Course Director for 2017 Advanced Intellectual Property Law CLE
- Co-Course Director for 2018 Women in the Law CLE
- Course Director for IP Section CLE, 2018 Annual Meeting
- Council Member, Women and the Law Section, 2015-present
- Member, Intellectual Property Section, 2002-present
- Vice Chair, Intellectual Property Section, 2016-2017
- Secretary, Intellectual Property Section, 2014-2015
- Council Member, Intellectual Property Section, 2011-2014
- Member, Unfair Competition Committee, 2004-present
- Committee Chairperson, Unfair Competition Committee, 2007-2011
Dallas Bar Association
- Treasurer, Intellectual Property Section, 2024
- Council Member, Intellectual Property Section, 2019-2023
- Vice Chair (2010-2011), Co-Chair (2012-2014), Member (2010-present), Summer Law Intern Program Committee
- Chair (2012), Dallas Bar Association Justice in Education Symposium
- Member, Intellectual Property Section, 2002-present
- Co-Vice Chair (2008) and Co-Chair (2009-2011), Law Day Committee
- Co-Vice Chair (2005-2006) and Co-Chair (2006-2007), Law in the Schools and Community Committee
Honorable Barbara M.G. Lynn American Inn of Court (Intellectual Property)
- Honorary Member, Law School Liaison – 2024
- Master, 2019-2023
- Barrister, 2014-2015
Charleston School of Law, Charleston, SC
- Adjunct Professor, Principles of E-Discovery, Summer 2017
University of North Texas at Dallas School of Law, Dallas, TX
- Adjunct Professor, Client Interviewing and Negotiation, 2022-Present
Texas Intellectual Property Law Foundation, Secretary, 2021-Present
Honors
- D Magazine Best Lawyers in Dallas for Patent Law, 2018, 2020, 2021, 2022, 2023
- Super Lawyers, 2018-2023
- Texas IP Law Foundation, Fellow
- Dallas Bar Foundation, Life Fellow
- “Rising Star,” 2007, 2009-2017, a Thomson Reuters service
- Named on “The Top Women Attorneys in Texas” list for Intellectual Property Litigation, 2019, by Super Lawyers Magazine, a Thomson Reuters service
- “From Duke’s Chemistry Lab to Wake Forest’s Law School,” ACS Industry Matters, May 2022
Presentations and Publications
Book Chapters
- “Laws and Procedures to Counter the Problem of Counterfeit Drugs,” Trends in Counterfeit Drugs, CRC Press, 2023
- “International Patent Ethical Issues – Inventorship, AI, Ownership, and Compensation,” International Ethics in Chemistry: Developing Common Values across Cultures, American Chemical Society, 2021
Publications
- “Ethical Issues in E-Discovery,” State Bar Litigation Section Report, The Advocate, Volume 101, Winter 2022
- “Covered Business Method Review – A Tale of Two Decisions,” Intellectual Property & Technology Law Journal, Volume 26, Number 3, March 2014
- “Patent Prosecution in the First-to-File World,” Intellectual Property & Technology Law Journal, Volume 25, Number 8, August 2013
- “Reverse payments, generic and brand-name drugs, and consumer impact,” Westlaw Journal Pharmaceutical, Volume 29, Issue 4, June 2013
- “Pre-Issuance Patent Submissions – A New Way to Participate in Patent Prosecution,” Intellectual Property & Technology Law Journal, Volume 25, Number 4, April 2013
- “Ethical Issues in Discovery,” Texas Wesleyan Law Review, Volume 19, Number 4, Spring 2013
- “A Primer on Trade Secret Law,” State Bar Litigation Section Report, The Advocate, Volume 45, Winter 2008
Patents
- “Effective Approaches to Responding to Prior Art Rejections,” National Association of Patent Practitioners, July 2023
- “Promoting Diversity in Patents and Patent Practice,” National Association of Patent Practitioners, July 2022
- “Patents and the Gender Gap: Inventors, Patent Prosecution, and Patent Litigation, Dallas Bar Association IP Section, June 2022
- “Understanding the Basics of Obtaining a Patent,” Austin Small Business Week, May 2021
- “Meeting the Specs: Precision in Patent Specifications,” State Bar of Texas Advanced IP Course, February 2020
- “Patent Challenges Under Section 101,” State Bar of Texas Advanced Intellectual Property Law Course, July 2017
- “USPTO Patent Quality Initiative,” State Bar of Texas Advanced Intellectual Property Law Course, February 2016
- “Patents in Pumps,” Sharks in Heels Workshop for female entrepreneurs, October 2015
- “How to Take Advantage of the First-to-File Patent System,” Entrepreneur.com, March 2014
- “Inter Partes Review (IPR) – Learning From the Denied Petitions,” State Bar of Texas, March 2014
- “Covered Business Method Review – A Tale of Two Decisions,” Intellectual Property & Technology Law Journal, March 2014
- “Inter Partes Review – Taking the Invalidity Battle Back to the Patent Office,” Intellectual Property & Technology Law Journal, November 2013
- “Patent Prosecution in the First-to-File World,” Intellectual Property & Technology Law Journal, August 2013
- “Pre-Issuance Patent Submissions – A New Way to Participate in Patent Prosecution,” Intellectual Property & Technology Law Journal, May 2013
- “Pre-Issuance (Third-Party) Submissions,” State Bar of Texas Advanced IP Course, February 2013
- “So a Patent Issues, Now What?” American Chemical Society Southwest Regional Meeting (SWRM), October 2012
- “Pre-Issuance (Third-Party) Submissions” as part of “The America Invents Act: What It Means to You,” Dallas Bar Association, August 2013 and October 2012
- “So a Patent Issues, Now What?,” Dallas IEEE GOLD, September 2012
- “Ethics and the Law: The Case of Myriad Genetics, Ethics in Patenting and Ethics in Licensing and Commercializing Innovations,” Dallas Bar Association, October 2010
- “Food for Thought – The Potential for Food Patenting,” American Chemical Society National Meeting, Boston, MA, August 2010
- “Patents, Competition, Antitrust and Generic Drugs: Resolving Hatch-Waxman Issues,” American Chemical Society National Meeting, Salt Lake City, Utah, March 2009
- “So You Have Gotten a Patent – Now What?,” American Chemical Society National Meeting, New Orleans, Louisiana, April 2008
- “Food for Thought – The Potential for Food Patenting,” Institute of Food Technologists, Frisco, Texas, March 2008
- “New PTO Rules Relating to Patent Prosecution,” Fulbright & Jaworski L.L.P. Web Seminar, September 2006
Electronic Discovery (E-Discovery)
- “Examining the Ebb and Flow of E-Discovery: Tips, Tricks, and Ethics,” Montgomery County Bar Association, October 2023
- “Examining the Ebb and Flow of Electronic Discovery: Tips, Tools, and Ethics,” Office of the Attorney General for the State of New York, September 2021
- “Social Media and Discovery,” Smith County Bar Association, October 2020
- “Electronic Discovery Challenges for In-House and Outside Counsel,” State Bar of Texas Advanced IP Litigation Course, July 2020
- “Principles of E-Discovery” and “Examining the Ebb and Flow of Electronic Discovery: Tips, Tools, and Ethics,” Paralegal Association of Santa Clara County, May 2020
- “Social Media and E-Discovery,” State Bar of Texas Women and the Law CLE, September 2018
- “10 Years After Qualcomm v. Broadcom: Ethics in E-Discovery – Where We Are and Where We Are Going,” State Bar of Texas Advanced Patent Litigation Course, July 2018
- “Examining the Ebb and Flow of Electronic Discovery: Tips, Tools, and Ethics,” Dallas Bar Association North Dallas Clinic, May 2018
- “Ethical Issues in Discovery,” Texas Wesleyan Law Review, Vol. 19, No. 4, Spring 2013
- “Ethics in Discovery,” American Intellectual Property Law Association (AIPLA) Spring Meeting, Austin, TX, May 2012
- “Ethical Issues in Discovery,” State Bar of Texas Advanced Patent Litigation Course, July 2011
- “Ethical Issues in Electronic Discovery: Lessons to be Learned,” Dallas Bar Association, November 2010
- “Ethical Issues in Discovery: Lessons to be Learned,” Dallas Bar Association, Professionalism Committee, April 2010
- “Ethical Issues in Electronic Discovery: Lessons from Qualcomm,” State Bar of Texas Annual IP CLE Program, July 2008
Trademarks
- “Nuts and Bolts of Trademark Law in the Food and Beverage Industry,” Lawline, June 1, 2023
- “Trademark Issues for Businesses in the Food and Beverage Sectors,” Quimbee, May 2023
- “Entrepreneurs’ Toolkit session on trademarks and how they can fit into your business plan,” Southwest Regional Meeting, November 2022
- “Do Trademarks Fit Into My Business Plan?,” American Chemical Society, Southwest Regional Meeting, November 2021
- “Branding Your Business and Your Products: Trademark Considerations,” American Chemical Society National Meeting, August 2021
- “Do Trademarks Fit Into my Business Plan,” American Chemical Society, Small Chemical Business Division, June 2021
- “Nuts and Bolts of Trademark Selection and Protection in the US,” American Chemical Society National Meeting, Boston, MA, August 2018
- “Trademark Issues for Chemical Businesses in the Food, Energy, and Water Sectors,” American Chemical Society National Meeting, New Orleans, March 2018
Trade Secrets
- “How to Keep a (Trade) Secret: Best Practices for Keeping and Maintaining a Trade Secret,” University of the City of London, 2022
- “How to Keep a (Trade) Secret: Best Practices for Creating/Maintaining Trade Secrets,” American Chemical Society National Meeting, August 2021
- “Protecting Trade Secrets in the Current Economy,” American Chemical Society National Meeting, Boston, MA, August 2010
- “Texas Trade Secret Update,” State Bar of Texas Annual IP CLE Program, June 2010
- “Protecting Trade Secrets in the Current Economy,” State Bar of Texas Annual IP CLE Program, June 2009
- “Trade Secrets and Patents: The Yin and Yang of IP Law,” State Bar of Texas Advanced IP CLE Program, March 2009
- “A Primer on Trade Secret Law,” The Advocate, Winter 2008
- “Ethics in the Marketplace: Can You Keep a (Trade) Secret?,” American Chemical Society National Meeting, Boston, Massachusetts, August 2007
Entrepreneurial Issues/Do-It-Yourself IP
- “IP Issue Spotting When You Don’t Work in IP Every Day,” State Bar of Texas Women and the Law Section, March 2023
- “IP Traps to Avoid in Contracts,” Lawline, 2023
- “Intellectual Property Considerations – From Bench to Market,” American Chemical Society National Meeting, August 2020
- “IP Traps to Avoid in Contracts,” American Chemical Society National Meeting, August 2020
- “IP Traps to Avoid in Contracts,” State Bar of Texas Women and the Law Section CLE, April 2020
- “IP Traps to Avoid in Contracts,” State Bar of Texas Contracts Course, March 2020
- “Other Forms of IP Protection for Emerging Companies,” American Chemical Society National Meeting, Washington DC, August 2017
- “IP Issues for Start-Ups,” State Bar of Texas Advanced Intellectual Property Law Course, February 2017
- “Perils and Pitfalls of Do-It-Yourself IP,” VENUE Presentation, May 2016
- “Perils and Pitfalls of Do-It-Yourself IP,” Dallas Bar Association HEADNOTES, February 2016
- “Perils and Pitfalls of Do-It-Yourself IP,” Smith County Bar Association, January 2016
- “Counseling Clients About the Perils and Pitfalls of Do-It-Yourself IP,” State Bar of Texas, June 2015
- “An Entrepreneur’s Guide to Intellectual Property,” Entrepreneurial Insurance Symposium, September 2013
Fashion and IP Law
- “Fashion Faux Pas: Legal Pitfalls for Fashion Companies to Avoid,” Austin Bar Association, July 2021
- “Fashionably Legal: Intellectual Property Law in the Fashion Industry,” Dallas Bar Association, IP Section, January 2018
- “Fashionably Legal,” State Bar of Texas Women and the Law CLE, August 2017
- “Fashion Law,” State Bar of Texas Annual IP CLE Program, June 2017
Miscellaneous
- “Labs, Law, Logic & Lots More: Careers in Chemistry,” American Chemical Society DFW Local Section, January 2024
- “Mentoring Ethics in the Chemical Enterprise,” American Chemical Society National Meeting, Fall 2023
- “Copyrights – What’s Next After Google v. Oracle and Now Warhol Foundation v. Goldsmith,” Quimbee, 2023
- “Copyrights – What’s Next After Google v. Oracle?,” CAIL, November 2021
- “You MUST be vaccinated to remain employed by this company!,” American Chemical Society, Small Chemical Business Division, November 2021
- “Protecting Your Workforce Through Vaccinations,” American Chemical Society National Meeting, April 2021
- “The Gender Gap in the Patent Process,” American Chemical Society National Meeting, August 2020
- “Legal Perspectives in Water Law,” American Chemical Society National Meeting, San Diego, August 2019
- “IP Issues Surrounding CRISPR: Who Will Reign Supreme?” Fort Worth Life Sciences Coalition, December 2016
- “Outside to In-House Counsel- Making the Switch and Lessons Learned,” Panel Moderator, State Bar of Texas Annual Meeting, June 2013
- “Reverse Payments, Generic and Brand-Name Drugs, and Consumer Impact,” Commentary, Westlaw Journal Pharmaceutical, Vol. 29, Issue 4, June 2013
- “Federal Trade Commission v. Actavis Inc.: The Future of Reverse Payment Settlements in Pharmaceutical Litigation,” Bloomberg BNA, May 2013
- “IP Issues in Advertising and Promotion in the Chemical Industry,” American Chemical Society National Meeting, Philadelphia, PA, August 2012
- “IP Issues in Advertising and Promotion in the Chemical Industry,” American Chemical Society National Meeting, Denver, CO, August 2011
- “The PRO IP Act – A New Hammer in Protecting and Enforcing Intellectual Property Rights,” Fulbright & Jaworski L.L.P. CLE, December 2008
- “The Paperless Office – Not So Unrealistic Anymore,” Dallas Bar Association HEADNOTES, November 1, 2005
- Co-author with Edward R. Ergenzinger, Jr., “The ‘Depressing’ Effect of Eli Lilly and Co. v. Barr Labs., Inc. on the Pharmaceutical and Biotechnology Industries,” Wake Forest Intellectual Property Law Journal 1, 2002