Kurt G. Calia

Kurt G. Calia majored in molecular biology in college, but as a litigator specializing in patents and trade secrets, most of his work lately involves harder things, like concrete and airplane bodies.

He is defending Holcim Ltd., the world's largest cement maker, in trade secrets litigation brought by a major competitor. The first-named defendant had been the plaintiff's chief technology officer before going to work for Holcim. Sika Corp. v. Hoefflin, 1:23-cv-01464 (N.D. Ill., March 9, 2023).

It's an unusual dispute because the man had worked in Switzerland, and his employment contract was in German. The Chicago judge hearing the case is now considering a dismissal motion that argues that his employment contract requires "that any disputes arising under his employment should be resolved by courts in Switzerland under Swiss law," Calia said.

In November, he brought in a good settlement for a company suing a competitor for misappropriating trade secrets about the lightweight composite material required in the fuselages of electric-powered vertical takeoff and landing aircraft. Blue Force Technologies Inc. v. Beta Technologies Inc. 1:21-cv-00422 (M.D. N.C., filed May 26, 2021).

It was "the kind of case where 15 or 20 years ago, I might've expected there to be a whole series of patents that covered that technology," Calia said. But since the federal Defend Trade Secrets Act and changes to patent eligibility law, more clients are choosing to protect their intellectual property as trade secrets. "I've definitely seen an uptick in the amount of trade secrets work that I've done ... in the last few years," he said.

Defense contractors, in particular, prefer to use trade secrets rather than patents, and Calia represents several of them. One defense contractor client is Anduril Industries, which owns the plaintiff in the fuselage case.

For more than a decade, Calia has represented Israel's largest defense contractor, Elbit Systems, and its U.S. arm. In his longest-running patent matter, he is defending the company at the U.S. Court of Federal Claims in a case over border security video technology. The case has been stayed against his client. 3rd Eye Surveillance LLC v. U.S., 1:15-cv-00501 (C.F.C., filed May 15, 2015).

His pro bono work is even more varied. Calia has been representing a convicted murderer in Alabama for more than 20 years. Right now, he has a federal habeas claim and a state actual-innocence claim pending.

A few years ago, he won a custody dispute for a battered wife from France against her police-officer husband. And he helped her get a green card.

Calia also often represents Planned Parenthood in reproductive rights litigation. "That's something that ... just matters to me a lot," he said.

-- Don DeBenedictis