Nathan Kelley
Nathan Kelley

Nathan Kelley

Partner

Washington DC

Introduction

Informed by his decades of experience before the Federal Circuit, Nate provides clients with a strategic approach to managing high-profile patent appeals.

Nathan K. Kelley assists clients with patent appeals, inter partes reviews at the Patent Trial and Appeal Board (PTAB), and related U.S. Patent and Trademark Office (USPTO) work. A veteran appellate advocate, Nate has argued more than 50 Federal Circuit appeals, including several en banc cases arising from both district court litigation and USPTO proceedings. His unique perspective is built on a career at the highest levels of the USPTO, where he oversaw the defense of hundreds of decisions of the PTAB and the Trademark Trial and Appeal Board. 

Nate handles IP matters involving a full range of technologies, including pharmaceuticals, medical devices, software, and computer networking. Beyond litigation, Nate's experience includes helping develop USPTO rules and guidelines, shaping federal policy on various IP matters, and internally counseling the USPTO on its implementation of trial proceedings under the America Invents Act (AIA). 

As its solicitor and deputy general counsel for IP law, Nate managed all IP litigation for the USPTO and participated in many of the most significant patent and trademark cases in recent years. Nate also acted as the agency's chief administrative patent judge, leading the PTAB during a critical period as it was coming up to speed with its jurisdiction over inter partes reviews under the AIA. 

Education & credentials

  • George Mason, Antonin Scalia Law School, J.D., magna cum laude, 1999
  • George Mason University, B.S., 1993
  • District of Columbia
  • Supreme Court of the United States
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. Court of Appeals for the Fourth Circuit
  • United States Patent and Trademark Office, Alexandria, VA Solicitor and Deputy General Counsel for Intellectual Property Law, 2013-2015; 2016-2018 Chief Administrative Patent Judge (acting), 2015-2016 Deputy Solicitor and Assistant General Counsel for Intellectual Property, 2012-2013 Associate Solicitor, 2006-2012 Patent Examiner, 1993-1999
  • George Washington University Law School, Washington, D.C., Professional Lecturer in Law, 2012-2013
  • United States Court of Appeals for the Federal Circuit, Washington, D.C., Technical Assistant, 2000-2005
  • Sterne, Kessler, Goldstein & Fox, Washington, D.C., Associate, 1999-2000
  • Defense Information Systems Agency, Reston, VA, 1990-1991
  • Hon. Randall R. RaderU.S. Court of Appeals for the Federal Circuit

Professional recognition

  • Ranked by Chambers USA as “America’s Leading Lawyer” for Intellectual Property: Appellate, 2023-2026

  • Listed in Intellectual Asset Management Patent 1000, 2022-2025

  • Listed in The Best Lawyers in America: Litigation - Patent Law, 2023-2026

  • Named "Intellectual Property Trailblazer" by The National Law Journal (NLJ), 2020

  • Recognized as an IP Star by Managing IP,  2021-2024

Impact

  • Member of The Advisory Council for the United States Court of Appeals for the Federal Circuit, 2013-2018