Curriculum Vitae
Kenneth D. Sibley
Office Address:
Myers Bigel Sibley & Sajovec, P.A.
Suite 250, 111 Corning Road, Cary, NC 27511
Telephone (919) 854-1400
Fax (919) 854-1401
Home Address:
PO Box 37428
Raleigh, NC 27627
Education:
1985: J.D., Duke University, Durham, NC.
1982: M.A., University of Rochester, Rochester, NY. Research concentration in neural receptor binding kinetics (Scatchard analysis of GABA receptor binding in neonatal rat) and electrophysiology (single unit recording).
1979: B.A., magna cum laude and with Honors, Biology and Psychology, Lycoming College, Williamsport, PA.
Professional Experience:
Patent preparation and prosecution experience concentrated in chemistry and biology, including cloned genes (enzymes, receptors, oncogenes) pharmacology (antineoplastics, lymphokines, diuretics), vaccines (recombinant living attenuated and subunit), medicinal chemistry (tricyclics, lipids, nucleosides, oligonucleotides), transgenic plants and animals (Agrobacterium vectors, ballistic transformation, retroviral vectors, homologous recombination, regulatory elements, pathogen resistance), agricultural biotechnology (mycoacaricides, mycoherbicides, bacteriophage r/m systems, food fermentation), immunoassays, affinity separation processes. Experience in reissue, reexamination, and interference practice.
Participated in all phases of patent litigation, including initiating suit, all aspects of discovery, pretrial motions, witness preparation, trial, and appeal.
General intellectual property practice, including foreign patent practice (PCT, EPO, National), information retrieval, and counseling on patent licensing, trade secret, copyright, and trademark matters.
Special Interests: Intellectual property issues associated with university, early-stage and start-up research; special problems associated with collaborative research.
Employment History:
Partner: Myers Bigel Sibley & Sajovec, PA, Cary, NC, June 1997- present (Sibley received Martindale-Hubbell AV rating March 19, 1998)
Senior Lecturing Fellow, Duke University School of Law, Fall Semester 1995, 1996, 1997 (Advanced Course on Patents and Trade Secrets).
Partner: Bell, Seltzer, Park, and Gibson, Raleigh, NC, January 1991 to June 1996 (member of Executive Committee: 1995, 1996).
Associate: Bell, Seltzer, Park and Gibson, Charlotte and Raleigh, NC, 1985-1990.
Law Clerk: Olive & Olive, Durham, NC, Sept. 1984 - May 1985.
Law Clerk: Sughrue, Mion, Zinn, MacPeak & Seas, Washington, DC, Summer 1984.
Law Clerk: Olive & Olive, Durham, NC, Summer 1983.
Professional Activities:
Co-Author: J. Richardson and K. Sibley, The Intellectual Property and Communications Omnibus Reform Act of 1999: An Overview for IP Practitioners, 1 N.C. J.L. & Tech. 1 (2000).
Member: Advisory Committee on Forest Biotechnology (A North Carolina Biotechnology Center Study Group; 1999).
Member: North Carolina Bioscience Investment Fund Advisory Board (1998-present)
Editor: The Law and Strategy of Biotechnology Patents (Butterworth Heinemann Publishing Co. 1994).
Co-Author: Establishing Conception for Inventions in Biotechnology, 1 Journal of Biotechnology in Healthcare 351 (1995).
Author: Licensing, Protecting Intellectual Property Rights and Other Legal Aspects of Technology Management, AMA Management Handbook (3d Ed. 1994).
Author: Practical Utility: Evolution Suspended? 32 IDEA -- The Journal of Law and Technology 203 (1992).
Co-author: Pursuing Patent Protection in the European Market, 42 SIM Indust. Microbiol. News 139 (1992).
Author: Guest Column: Patent Infringement, Experimental Use and Licensing (BT Catalyst, July and August 1991 Issues)(Published by the North Carolina Biotechnology Center).
Author: Patent Developments, a monthly column on the USDA-NBIAP National Computer Bulletin Board, July 1989 to July 1991.
Co-Author: Biotechnology in the Courts, 40 SIM Indust. Microbiol. News 189 (1990).
Co-Author: Chapters titled Legal Aspects of Product Protection and Product Liability Issues in Drug Development, in Drug Development, 2d Ed. (C. Hamner Ed., 1990).
Author: Patent Strategy for Corporations Pursuing World Markets, 40 SIM Indust. Microbiol. News 139 (1990).
Author: Factual Inquiries in Deciding the Question of Enablement, 70 J. Pat. Tm. Off. Soc. 115 (1988).
Co-Author: Beyond Diversity: Federal Multiparty, Multiforum Jurisdiction, 135 U. Pa. L. Rev. 7 (1986).* * *
Speaker: A Brief Overview of the Law of Inventorship; and Basics of Invention Ownership Between Employers and Employees (Raleigh, NC, November 10, 2000)(at Non-Competes, Confidentiality and Intellectural Property Rights in North Carolina, a CLE program of Lorman Educational Services).
Speaker: U.S. Patent Law Provisions Which Promote University-Based Patenting and Technology Transfer, National Academy of Sciences-Russian Academy of Sciences workshop on Technology Commercialization, North Carolina biotechnology Center, March 10, 1998.
Course Planner, Protecting Proprietary Information: Solutions for Technology Companies, A Course by The Cambridge Institute presented in Chapel Hill, North Carolina, October 1997.
Speaker, A Brief Overview of Patent Law for the Research Administrator, Society of Research Administrators Annual Meeting, Atlanta, Georgia, October 4, 1997
Moderator: Patent Strategy, Panel Discussion, Association of University Technology Managers Eastern Regional Meeting, Portland, Maine, June 30, 1997
Speaker: Problems and Issues for Patent Counsel Undertaking Joint Representation, Association of University Technology Managers Annual Meeting, San Francisco, California February 22, 1997)
Workshop Leader: Nurturing Small Companies: The Research Triangle Experience; Licensing Executive's Society Spring Meeting (May 4-6, 1995, Toronto, Canada).
Workshop Chairman: Enablement and Utility Issues in International Patent Protection; Ninth International Biotechnology Meeting & Exhibition (May 22, 1995, San Francisco, California).
Speaker: Horror Stories from the Front Lines of Technology Transfer; Association of University Technology Managers Eastern Regional Meeting (Baltimore, MD July 24-26, 1994).
Speaker: How to Establish Conception for a Biotech Invention, American Intellectual Property Law Association Mid-Winter Institute (Rancho Mirage, CA, Jan 26-29, 1994).
Speaker: Patent Developments: U.S. Considerations, 8th International Biotechnology Meeting and Exhibition (Toronto, Canada, May 27, 1994).
Speaker: Enablement and Utility Issues, North Carolina Bar Association Seminar on "The Laws of Science" (April 1994).
Instructor: Patent Law and Biotechnology, An NCSU Biotechnology Program Workshop (July 12-16, 1993).
Course Planner: NCBA Seminar on "Intellectual Property Issues in Collaborative Research" (April 1993).
Speaker: Distinguishing Plant Varieties: Patent Considerations, American Oil Chemists Society Annual Meeting (Toronto, Canada, May 1992).
Workshop Leader: Pursuing Patent Protection in a Unified Europe, the Americas, and the Pacific Rim, 1992 AUTM Annual Meeting, (Orlando, FL, Feb. 1992).
Speaker: Patent Law, National Council of University Research Administrator's Workshop (Washington, DC, Nov. 3, 1991).
Workshop Leader: Collaborative Research: Problems and Issues in the Context of University Technology Transfer, 1991 Association of University Technology Manager's Annual Meeting, (San Francisco, Feb 25, 1991).
Speaker: Legal Aspects of Technology Management, Executive MBA Program, Fuqua School of Business, Duke University (June 3, 1991).
Speaker: Patent Strategy for Corporations Pursuing World Markets, Research Triangle World Trade Center (Sept. 19, 1990).
Speaker: Perspectives on the Application of Utility Patents to Plant Germplasm, American Oil Chemists Society Annual Meeting, Baltimore, MD (April 24, 1990).
Speaker: Patent Law in the Pharmaceutical Sciences, UNC-Chapel Hill School of Pharmacy (April 11, 1990).
Speaker: How has Biotechnology Affected Patent Law?, North Carolina Pharmaceutical Discussion Group (Oct. 13, 1989).
Speaker: Patent Programs for Small, Innovative Companies, Fuqua School of Business, Duke University (April 20, 1989).