About Kelly
Kelly J. Kubasta: Intellectual Property Litigation & Patent Attorney in Plano
Kelly J. Kubasta is a seasoned attorney and shareholder at Ferguson Braswell Fraser Kubasta PC, specializing in complex intellectual property litigation and licensing. With a deep understanding of patent, trademark, and trade dress law, Mr. Kubasta provides strategic legal counsel and aggressive representation to clients across a remarkably diverse range of industries. He is recognized as a leading attorney in commercial litigation and intellectual property law, consistently delivering exceptional results for his clients through meticulous preparation, strategic advocacy, and a comprehensive understanding of the legal landscape.
Mr. Kubasta’s litigation experience encompasses a wide spectrum of disputes, including infringement claims involving patents, trademarks, service marks, product trade dress, copyrights, and a full array of contract and unfair competition issues, including trade secrets and antitrust concerns. He possesses substantial courtroom experience, successfully representing both plaintiffs and defendants in federal and Texas state courts, including significant experience through trial and appeal. Furthermore, he has effectively utilized mediation to resolve disputes both before and during litigation, demonstrating his ability to achieve favorable outcomes outside of traditional court proceedings.
He represents a broad client base, spanning sectors such as software, consumer goods, apparel, electronics, energy exploration devices, medical devices, automotive components, and architectural designs. Mr. Kubasta’s expertise extends to providing strategic intellectual property portfolio management, advising clients on the most effective methods for protecting and maximizing the value of their assets while carefully considering budgetary constraints. His services include drafting dealer/franchisee agreements, negotiating complex software development and licensing agreements, constructing robust internet e-commerce policies, and resolving challenging domain name disputes through ICANN – illustrating a truly versatile legal skillset.
As a registered patent attorney, Mr. Kubasta has a proven track record of successfully prosecuting both utility and design patents across numerous technical fields, including mechanical and electronic devices, industrial equipment, telecommunications, optics, software, and business methods. He leverages his engineering background – a Bachelor of Science in Mechanical Engineering from the University of Texas at Austin – to provide a unique perspective and deeper understanding of the inventive process, allowing him to effectively advocate for his clients' intellectual property rights.
Mr. Kubasta’s education includes a Juris Doctor (J.D.) from the University of Texas School of Law. His commitment to excellence and his unwavering dedication to achieving favorable outcomes for his clients have established him as a trusted legal resource.
- Commercial Litigation
- Litigation - Intellectual Property
- Litigation - Patent
- Trademark Law
Awards & Recognition: Mr. Kubasta is consistently recognized for his expertise in commercial litigation, intellectual property litigation, and patent litigation, including being recognized as a “Best Attorney USA” since 2014. This recognition reflects his dedication to providing top-tier legal representation.
Affiliations & Location: Mr. Kubasta is based in Plano, Texas, providing legal counsel to clients throughout the United States. He is a member of the Texas Bar and a registered patent attorney.
Education & Credentials: He holds a Juris Doctor (J.D.) from the University of Texas School of Law and a Bachelor of Science degree in Mechanical Engineering from the University of Texas at Austin. His combination of legal expertise and engineering knowledge provides a valuable asset to his clients.
