Silicon Valley:
2765 Sand Hill Road
Menlo Park, CA 94025


Kenneth Nissly


Kenneth Nissly is a partner in O’Melveny’s Silicon Valley office and a member of the Intellectual Property and Technology Practice within the Litigation Department.  Ken’s practice focuses on intellectual property law, patent and technology litigation.  An experienced trial lawyer, Ken has tried dozens of cases in federal and state courts and administrative agencies.  His high-profile trial victory for SK hynix Inc. against Rambus Inc. was widely reported in the legal and industry press, and earned him recognition by The Recorder as an Attorney of the Year (2011).  The verdict was also hailed by the Daily Journal as one of the Top Defense Verdicts of 2011.  Ken has particular experience handling patent cases relating to semiconductor, computer and electronics technology, and has frequently managed complex, multi-district and international litigation.

Illustrative Professional Experience

  • Lead trial counsel in five month jury trial ending in highly publicized defeat of antitrust and unfair competition claims involving high speed computer memory and seeking US$12 billion in damages
  • Trial counsel for MPEG device manufacturer on claims of breach of warranty
  • Lead representation of semiconductor manufacturer in numerous process, circuit and device patent cases, involving offensive and defensive patents, in cases throughout the United States.  Involved products include ASICs, LCDs, EPROMs and microprocessors
  • Lead representation of Silicon Valley digital telecommunications company in patent infringement litigation based on modulator patent
  • Defended Internet telecommunications start-up against trade secret claims related to ATM technology
  • Represented newly established flash memory division against trade secret claims
  • Defended manufacturer of computer monitors from breach of contract and fraud claims

Professional Activities

Admitted to Practice,  US District Court, Central, Eastern and Northern Districts of California, Eastern District of Texas, US Court of Appeals, Ninth and Federal Circuits
Neutral Evaluator,  Patent Cases, US District Court, Northern District of California
Board Member,  Silicon Valley Campaign for Legal Services
American Bar Association, Litigation Section; California State Bar Association; Santa Clara County Bar Association

University of California, Hastings College of the Law, J.D., 1977:  Order of the Coif

San Diego State University, B.A., 1974:  Phi Beta Kappa


Defeating a Cartel Case: A Perspective from Counsel Table (Antitrust, Vol. 28, No. 2, Spring 2014 by the American Bar Association)

Federal Circuit Decision in Rambus v. Hynix: A Lesson on Document Preservation (Intellectual Property and Technology)