Photograph of Kainoa Asuega

Kainoa Asuega

Counsel


Kainoa Asuega is a counsel in the firm's Intellectual Property Group. He is a registered patent agent and former examiner for the United States Patent and Trademark Office (USPTO). Kainoa focuses on preparing, filing, and prosecuting U.S. patent applications before the USPTO, and he has successfully secured patents for his clients in technology areas ranging from eyewear to medical procedures. Kainoa has also taken part in several inter partes review proceedings before the Patent Trial and Appeal Board (PTAB), including the successful defense of a patent for which all of the original claims were affirmed by the PTAB and the Federal Circuit.

As a litigator, Kainoa has been extensively involved in a variety of patent infringement cases, including the successful representation of both patent owners and accused infringers. Kainoa also has experience at the appellate court level and has argued appeals in front of both the Courts of Appeals for the Federal Circuit and for the Ninth Circuit.  

During his tenure at the USPTO, Kainoa examined applications in the optical, electrical, and mechanical arts, working with inventors to provide patent protection for cutting edge technology.

Representative Experience

  • Assisted in the successful defense of every challenged claim of a patent under the post-AIA inter partes review proceedings.
  • Successfully defended multiple ex parte reexamination challenges to a medical device patent brought by the patent owner's major competitor.
  • Helped secure a summary judgment of infringement in a patent infringement lawsuit involving accessible pedestrian signal system technology.
  • Successfully briefed and argued for a favorable claim construction that prompted settlement of a patent dispute related to marching band instrument carrier technology.
  • Helped secure a summary judgment of non-infringement in a patent infringement lawsuit involving panoramic dive masks technology.
  • Represented a company regarding backless, strapless brassiere technology in a patent infringement lawsuit involving multiple patents, breach of contract, and idea submission.
  • Represented a company on appeal to the U.S. Court of Appeals for the Federal Circuit regarding infringement of patented marching band instrument carrier technology.
  • Successfully argued an appeal of an INS deportation order in the U.S. Court of Appeals for the Ninth Circuit, ultimately leading to his client's remaining in the U.S.

Education

  • University of California, Los Angeles, B.S. physics (2005)
  • Chapman University School of Law, J.D. (2011)

Affiliations

Admitted to practice: California; U.S. District Court, Central District of California; U.S. Court of Appeals, Federal Circuit; U.S. Patent & Trademark Office

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Crowell & Moring Elects Nine New Partners and Promotes 18 to Counsel Positions (January 4, 2021)
Firm News / Announcement
"C3P-No! USPTO Says No AI Inventors," IP Insights (May 4, 2020). Contacts: Robert L. Grabarek Jr., Anne Elise Herold Li, Jeffrey D. Sanok, Kainoa Asuega
Client Alert / Newsletter
"Cannabis Trademarks Not Stoned by PTO," IP Insights (May 7, 2019). Contacts: Anne Elise Herold Li, Molly A. Jones, Kainoa Asuega
Client Alert / Newsletter
"Federal Circuit Gives IPR Petitioners Burden of Persuasion for Proving Patentability of Amended Claims," IP Insights (October 9, 2017). Contacts: Deborah H. Yellin, Ali Tehrani, Kainoa Asuega
Client Alert / Newsletter

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Crowell & Moring LLP is an international law firm with offices in the United States, Europe, MENA, and Asia that represents clients in litigation and arbitration, regulatory and policy, and transactional and corporate matters. The firm is internationally recognized for its representation of Fortune 500 companies in high-stakes litigation and government-facing matters, as well as its ongoing commitment to pro bono service and diversity, equity, and inclusion.

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