Member Details

  • Delaware

Exclusive IR Member for:

  • IP - Patents
One Rodney Square 920 North King Street
Wilmington DE 19801 United States

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KELLY E. FARNAN’s practice includes complex commercial and intellectual property litigation in the Delaware state and federal courts, as well as arbitrations conducted under the Delaware Uniform Arbitration Act and by the American Arbitration Association. Vice chair of the firm’s Litigation Department, Kelly has been involved in numerous bench and jury trials and has also been successful in resolving disputes in her clients’ favor through dispositive motions.

In addition, Kelly is active in the Delaware chapter of the Federal Bar Association, the association through which the District Court interacts with the intellectual property bar. She currently serves as President of the Delaware chapter of the FBA and is a past participant and coordinator of the Federal Trial Practice Seminar sponsored by the District Court and the FBA.

Representative Experience

• Represents a biotechnology company in patent litigation regarding a protein expressed by multiple myeloma cells

• Represents a pharmaceutical company in patent litigation regarding a cancer immunotherapy

• Represented a pharmaceutical company in various ANDA litigations regarding drugs approved to treat organ rejection, relapsed or retractory multiple myeloma, advanced non-small cell lung cancer, pancreatic cancer, chronic lymphocytic leukemia, and non-Hodgkin’s lymphoma

• Represented a pharmacutical company in ANDA litigation regarding a drug approved to treat ulcerative colitis

• Represented a pharmaceutical company in ANDA litigation regarding a drug approved for the management of severe pain

• Represented a large diversified technology company in a breach of contract case regarding breaches of a merger agreement and a case involving non-competition obligations of a former employee

• Represented a large cable company as Delaware counsel in a number of patent infringement cases in the District of Delaware relating to several aspects of its cable, internet and home phone services

• Represented an animal health company in patent litigation concerning its patented pharmaceuticals

• Represented an airline in a patent infringement case in the District of Delaware concerning mobile boarding pass technology, including internet-based services and mobile applications

• Represented a leading stun gun manufacturer in a patent infringement case in the District of Delaware concerning electronic control devices, or “stun guns”

• Represented an electronic toll collection company as co-lead counsel in a patent infringement case in the District of Delaware concerning EZPass technology

• Represented a microchip company in a trade secret case pending in the Court of Chancery concerning computer compilers


• “Legislation Would Address Abusive Patent-Litigation Tactics,” Delaware Business Court Insider, February 26, 2014

Professional Recognition

• Chambers USA, 2018, 2017, 2016, 2015, 2014

• Benchmark Litigation, 2019, 2018, 2017

• IAM Patent 1000 – The World’s Leading Patent Practitioners, 2018, 2017, 2016, 2015, 2014

• The Best Lawyers in America, 2019, 2018, 2017

• Super Lawyers, 2018, 2017, 2013

• Delaware Today Top Lawyer, 2017, 2016, 2015, 2014, 2013; Top VoteGetter, Intellectual Property, 2015; Top Vote-Getter, Litigation, 2015

• Managing Intellectual Property Top 250 Women in IP, 2014


• Federal Bar Association, President, Delaware Chapter

• Rodney Inn of Court, Executive Committee


• J.D., College of William & Mary School of Law, 2003

• B.S., Biology, University of Richmond, 2000

Admitted to Practice

• Delaware, 2003

• New Jersey

Pro Bono Activities

• Guardian ad Litem, Office of the Child Advocate

• Federal Civil Panel for the United States District Court for the District of Delaware

Firm Description

From our firm’s beginnings in 1899, our lawyers have played key roles in shaping Delaware law, and we have remained at the leading edge of our state’s evolving corporate law practice.  We began building our extraordinary reputation in corporate law from the start, but we soon grew into a multidisciplinary law firm, offering clients a wide range of expertise and experience under one roof.  Now, although our roots as local lawyers go deep, we routinely handle matters that are in the national spotlight.  A sample of our recent contributions and accolades includes: 


  • Chambers USA lists 37 of our attorneys, more lawyers than from any other Delaware firm, and recognizes 6 of the firm’s practice areas for excellence (2018).
  • Benchmark Litigation gives our firm its highest ranking and names 15 of our lawyers as Litigation Stars, the most lawyers of any Delaware firm (2018).
  • Richards Layton is ranked in the top tier in Delaware in 19 practice areas by the U.S.News Best Lawyers 2018 “Best Law Firm” rankings.
  • Richards Layton has 57 attorneys named in The Best Lawyers in America, more than any other Delaware firm (2019).


  • Richards Layton served as Delaware counsel on 57 deals valued at or above $100 million in 2017, more than any other Delaware firm—in fact, we’ve had the most high-value deals for more than 20 years running in Corporate Control Alert’s annual rankings.
  • Our pioneering alternative entity practice is larger and more active than any other in Delaware, and Chambers USA described us as “the firm that wrote the book on Delaware single purpose entities.”
  • We have argued many of the ground-breaking cases defining the duties of corporate directors under Delaware law, including UnocalCaremarkParamountWeinberger, and Disney.
  • Chambers USA called our bankruptcy and corporate restructuring attorneys “the cream of the crop. The team is broad, deep and able to handle megacases from start to finish.”


  • Our lawyers play crucial roles in drafting and amending many of the state’s business statutes, including the Delaware Statutory Trust Act, Delaware General Corporation Law, Delaware Limited Partnership Act, and Delaware Limited Liability Company Act.
  • We wrote and continue to update The Delaware Law of Corporations and Business Organizations and Lubaroff & Altman on Delaware Limited Partnerships, two leading treatises on Delaware law.
  • Our lawyers and alumni have been appointed to the state and federal judiciary—including the Third Circuit Court of Appeals, the U.S. District Court, the Delaware Court of Chancery, and chief justice of the Delaware Supreme Court—and have served as a United States congressman, the governor of Delaware, Delaware’s secretary of state, and a current state legislator.
  • A Richards Layton attorney is the appointed chair of the Court of Chancery Rules Committee and past chair of the Litigation Rules Committee of the Delaware Supreme Court.