Denise S. Kraft is a business trial litigator focused on providing strategic results and business solutions to companies in a broad range of commercial, corporate, and intellectual property litigation in state and federal courts. Repeatedly recognized as a Chambers USA-rated litigator since 2012, who has extensive experience leading commercial and intellectual property litigation teams in Delaware, and as a Business Litigation ranked Super Lawyer. Rating agencies have commented that her “24/7 commitment to clients has won her a fanatical following” and further notes that her “well-reasoned argumentation and eloquent presentational skills are in high demand.”

She has represented and counseled companies on a broad range of cases in state and federal courts, including business disputes relating to licensing agreements, asset sales, purchase agreements, false advertising, trade secret, fraudulent conveyances, non-competes, non-disclosure agreements, loan agreements, asset disposition, and intellectual property. The cases have involved, medical devices, computer software, cloud services, mobile phones, video game animation, automotive, consumer electronics, sports equipment, digital signage, targeted internet advertising, e-commerce, computer security, website, and other computer and Internet technologies.

In addition to being a business litigator, Denise has extensive non-profit and not-for-profit Board experience. She was appointed by the Delaware Supreme Court to serve two consecutive terms on the Delaware Board of Bar Examiners (served 2013-2019). She also served on the Board of Directors of Jobs for Delaware Graduates (JDG), a charitable organization supported by the Governor of Delaware with a mission to enable disadvantaged students to achieve academic, personal, and career success (served 2016-2022). Since 2018, Denise has served on the Board of Directors of the Franklin Mint Federal Credit Union (FMFCU), an award-winning financial institution with approximately $2 billion in assets. She was appointed as Secretary to the FMFCU Board (2021), Chair of the FMFCU Board Compliance Committee (2020) and is a member of the FMFCU Board Talent Management Committee (2018). Since 2019, Denise has served on the Board of the American Counsel Association (ACA), a professional organization that works closely with the leadership of the American Bar Association (ABA) to enhance standards of legal practice, aid deserving law students, and provide a social and business network for its distinguished members. She was appointed as Secretary/Treasurer to the ACA (2023) and served as a Vice President of the ACA Board (2021-2023), and Chair of the ACA Board Communications Committee (2021-2023).

Denise is involved with several professional legal organizations. She was selected in 2015 as a Fellow of the American Bar Foundation (ABF), an honorary organization of lawyers, judges, and legal scholars whose public and private careers have demonstrated outstanding dedication to the welfare of their communities and to the highest principles of the legal profession, with membership limited to 1% of the lawyers in each state. Denise is a member of the American Bar Association (ABA), Business Law Section (BLS) and has been a Vice Chair of the BLS’s Business and Corporate Litigation Committee (BCLC) since 2019. Previously, she was Chair of the Patent Litigation Subcommittee of BCLC (2018-2021), and Vice Chair (2015-2017). Denise also Co-Chaired the Business and Corporate Litigation Committee Working Group on the Preparation of Business Conduct Standards Directed to the Eradication of Forced Labor in Supply Chains, which resulted in the unanimous adoption of ABA Resolution 102B in 2014 (ABA Model Business and Supplier Policies on Labor Trafficking and Child Labor). Until 2016, she continued to assist as an Advisor to the ABA Business Law Section’s Task Force on Labor Trafficking, assisting with implementing the “black letter” Model Principles of the ABA Model Business and Supplier Policies on Labor Trafficking and Child Labor. Denise was Chair of the BCLC Corporate Counseling and Litigation Subcommittee (2011-2012), and Vice Chair (2008-2011). She is a member of the Delaware State Bar Association and the Delaware Chapter of the Federal Bar Association.

Denise has presented and published extensively on legal issues, including presenting the following programs: “Practical and Effective Cost Containment in Patent Litigation,” at the AIPLA Annual Meeting, Washington, DC (October 27, 2016); “Specialty Patent Courts in Europe and Comparison with U.S. Proceedings,” at the AIPLA - IPP Europe CLE, Washington, DC (October 22, 2015); “Intellectual Property Updates” at the 8th Annual Women in IP Law Luncheon sponsored by the Association of Corporate Counsel San Francisco Bay Area Chapter and Leading Women in Technology, Palo Alto, California (September 17, 2014); “2012 Annual Review of Developments in Business and Corporations, Corporate Law Update Panel,” at the American Bar Association, Section of Business Law Spring Meeting, Las Vegas, Nevada (March 22, 2012).

She also authored the following articles and papers: “District of Delaware assigns 4 visiting judges to fill vacancies, tackle post-TC Heartland filings”, DLA Piper Intellectual Property and Technology Alert (June 2017); “TC Heartland Paves Road To ‘The Delaware Way,’” Law360 (May 24, 2017); paper in conjunction with presentation as a panelist for the AIPLA – IPP Europe CLE Panel on “Specialty Patent Courts In Europe And Comparison With US Proceedings” (October 22, 2015); Co-Author and Co-Editor of Chapter 8 (Corporate Law), “Annual Review of Developments in Business and Corporate Litigation 2012 Edition,” ABA Business Section Committee on Business and Corporate Litigation.

She has also been quoted in the following legal publications: “3 Takeaways From Delaware's TC Heartland Venue Guidance,” Law360 (September 18, 2017), “Unanswered Question in ‘TC Heartland’ Could Have Big Impact in Del.,” Delaware Business Court Insider (May 24, 2017), and "Delaware Primed For IP Case Bump Despite Bench Vacancies," Law360 (May 22, 2017).

Denise received her J.D. from The Catholic University of America, Columbus School of Law and has completed the Harvard Business School Executive Education Leadership Program.

Directly after law school, Denise clerked for The Honorable Jerome O. Herlihy of the Superior Court of the State of Delaware. She is admitted to practice in the State Courts of Delaware, Commonwealth of Pennsylvania Courts, United States Court of Appeals for the Third Circuit, United States Court of Appeals for the Federal Circuit, United States District Court for the District of Delaware, United States District Court for the Eastern District of Pennsylvania, United States District Court for the Middle District of Pennsylvania, and the United States District Court for the Western District of Pennsylvania.

Denise has been involved in the following representative litigation in Delaware State and Federal Courts:

Commercial Litigation

  • Allegations against current and former directors for various breaches of fiduciary duty and looting of company NHI, Inc. v. Fleetboston Financial Corporation, et al.; Magten Asset Management Corp. v. Hanson, et al.; Kirtley Thornton, et al. v. Bernard Technologies, Inc. et al.; USA Floral Products, Inc., et al. v. George Barquin, et al.; In re: Global Tissue v. Kruger, Inc., et al.; The CTC Litigation Trust v. Fabbricatore, et al.
  • Representation of Class B holders of seats on the Chicago Exchange challenging demutualization CBOT Holdings Inc. v. Chicago Options Exchange Inc.
  • Representation of the acquirer in an action alleging fraud and misrepresentation in an acquisition agreement Cobalt Operating LLC v. James Crystal Enterprises, LLC, et al.
  • Challenges to calculation of earnouts in asset purchase agreement In re: Yes! Entertainment Corporation v. Wham-O, Inc.
  • Action involving claims of breach of corporate financing agreement Willow Bay Assoc. LLC v. Immunomedics, Inc.
  • Action for violation of trade secrets involving drug delivery system for manufacturing, marketing and licensing of pharmaceutical products Ethypharm S.A. France, et al. v. Bentley Pharmaceuticals, Inc.
  • Challenges to calculation of royalties under software licensing agreements Vianix Delaware LLC v. Nuance Communications, Inc.
  • Breach of non-compete provisions in an acquisition agreement Aveta, Inc., et al. v. Dr. Victor Delgado Colon
  • Action alleging breach of master mortgage guaranty insurance policies Triad Guaranty Insurance Corp., et al v. American Home Mortgage Investment Corp, et al.
  • Action alleging breach of acquisition agreement Textron, Inc. v. Acument Global Technologies, Inc.
  • Actions for Declaratory Judgments involving insurance policies Conagra Foods, Inc. v. Lexington Insurance Co.; Valley Forge Insurance Company v. National Union Fire Insurance Company of Pittsburgh, PA.; Homsey, et al. v. Vigilant Insurance Company
  • Appointment of a receiver over business assets Banc of America Strategic Solutions, Inc. v. Delaware Golf, Inc.; I. Reich Family LP v. SpectruMedix LLC; Patriot Capital Funding, Inc., et al. v. Sidumpr Trailer Co., Inc.
  • Actions involving requests for dissolution under Sections 273-276 of the Delaware General Corporation Law, Section 18-108 of the Limited Liability Company Act and similar provisions FCR, LLC v. G R Technology, Inc., et al.

Trademark, Copyright, and Trade Secret Litigation

  • Trademark case involving “TIGERCAT” trademarks Tigercat International Inc., et al. v. Caterpillar Inc.
  • Trademark case involving use of the “Cultivate Ventures” trademark Cultivate Holdings LLC v. The Hain Celestial Group Inc.
  • Trademark, Delaware Deceptive Trade Practices Act, and Delaware common law unfair competition case involving registration mark Axos Bank v. Apex Clearing Corporation
  • Trademark and trade dress case involving website to produce fillable pdf files PDFfiller, Inc. v. Crystal Lake Media LLC
  • Copyright, trademark, Delaware Deceptive Trade Practices Act, and Delaware common law unfair competition case involving videos Jukin Media et al. v. 9GAG Limited, et al.
  • Copyright and trade secret case involving systems management software Avaya Inc. v. SNMP Research Int’l Inc.
  • Allegations of violations of trade secrets and unfair and deceptive trade practices LLC, et al. v. Vertrue Incorporated et al.
  • False advertising Lanham Act, Delaware Deceptive Trade Practices Act, and Delaware common law unfair competition case involving laparoscopic surgery devices SurgiQuest Inc. v. Lexion Medical LLC

Patent Litigation

  • Patent infringement and false advertising case involving desktop virtualization and technologies that optimize productivity for businesses by enabling universal access to apps, desktops, and data Citrix Systems, Inc. v. Workspot, Inc.
  • Patent infringement case involving floor paneling and floor paneling locking systems patents Valinge Innovation AB v. Home Depot U.S.A., Inc., et al.
  • Patent infringement case involving smart phone haptics technology Immersion Corp v. Motorola Mobility LLC, et. al.
  • Patent infringement case involving ballot marking devices and systems for voting machines Election Systems & Software, LLC v. Smartmatic USA Corporation
  • Patent infringement case involving mach-derived computing system Aqua Connect, Inc., et al. v. TeamViewer US LLC
  • Patent infringement case involving flash memory products and microcontroller products Intellectual Ventures I & II, et al. v. Toshiba Corp., et al.
  • Patent infringement case involving lip synchronization software McRo, Inc. v. Bethesda Softworks LLC
  • Patent infringement case involving system and method for protecting a client during runtime from hostile downloadables Finjan Inc. vs. McAfee Inc., Sophos Limited
  • Patent infringement cases involving e-commerce retailers’ and merchants’ use of a consumer identified original product to determine and offer a substitute product to the consumer Walker Digital Inc. v. Gap Inc., et al.
  • Patent infringement case involving electronic display systems Minkus Electronic Display Systems Inc. v. Adaptive Micro Systems LLC, et al.
  • Patent infringement case involving enabling connections of standards-compliant mobile devices to standards-compliant 3G wireless networks communication technology Golden Bridge Technology Inc. v. Sharp Corporation, et al.
  • Patent infringement and unfair competition case involving printing technology Elonix I.P. Holdings, et al. v. Viewsonic Corp., et al.
  • Patent infringement case involving silicon wafers S.O.I.Tec Silicon on Insulator Technologies, S.A., et al. v. MEMC Electronic Materials, Inc.
  • Patent infringement case involving polyethylene terephthalate preforms Wellman, Inc. v. Eastman Chemical Company
  • Patent infringement case involving electric energy storage devices known as ultracapacitors Nesscap Co., LTD, et al. v. Maxwell Technologies, Inc.
  • Patent infringement case involving internet telephony (VoIP) Vonage Holdings Corp. v. Nortel Networks, Inc. et al.
  • Patent infringement case involving Pharmaceutical Compositions used to treat Type-2 Diabetes Takeda Pharmaceutical Company Limited, et al. v. Torrent Pharmaceuticals Limited, et al.
  • Patent infringement case involving high throughput system for producing recombinant viruses Boram Pharm. Co. Ltd. V. Life Technologies Corporation
  • Patent infringement case involving a method for optimizing the production output of an apparatus processing flat items Muller Martini Corp., et al. v. Goss International Americas, Inc., et al.
  • Patent infringement case involving a data transaction assembly server and processing system CyberFone Systems LLC v. Sharp Electronics Corp., et al.
  • Patent infringement case involving data display software Select Retrieval LLC v. Wayfair LLC, et al.
  • Patent infringement involving network infrastructure cache that provides proxy services to a plurality of workstations which are concurrently requesting access to data stored on a server Mosaid Technologies Inc. v. Adobe Systems Inc., et al.
  • Patent infringement case involving the use of ultra-high frequency passive radio frequency identification tags and readers Round Rock v. Gap Inc.
  • Patent infringement case involving video conference services and products Pragmatus v. Panasonic
  • Patent infringement involving live chat and related customer service communication channels Pragmatus v. E*TRADE
  • Patent infringement case involving forming a plurality of exploded data transactions for a single transaction CyberFone v. Starwood Hotels & Resorts Worldwide, Inc.
  • Patent infringement case involving chip architecture to enable computer chips to conserve energy by turning off or reducing power to selected chip elements Commonwealth Research Group LLC v. Epson Electronics.
  • Patent infringement case involving airline seat configurations Virgin Atlantic Airways Limited v. Delta Air Lines, Inc.
  • Patent infringement case involving digital image compression Fast VDO LLC v. Eastman Kodak Co.
  • Patent infringement involving web-based customization based on user computing environment Augme Technologies Inc. v. Velti USA Inc.
  • Patent infringement case involving display of text data objects Execware, LLC v. The Home Depot, Inc.
  • Patent infringement case involving a system and method for interactively entering data into a database Kenexa Brassring, Inc. v. ReadyForce, Inc.
  • Patent infringement case involving auto complete features Data Carriers, LLC v. The Home Depot, Inc.
  • Patent infringement case involving performance knee length running pants lululemon athletica Canada Inc. v. G-III Apparel Group, Ltd.
  • Patent infringement case involving interoperable WLAN switches ReefEdge Networks, LLC v. Ruckus Wireless, LLC.
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