Lawyer Bio : Kirk W. Watkins

Kirk manages and tries patent, complex business litigation, and international arbitration disputes. He believes thorough preparation and strategic theme development result in successful trials or settlements.

Kirk particularly enjoys patent suits and relishes the opportunity to learn new technology to teach to the court and jury. He eagerly anticipates the challenge of cross-examining an opposing expert. Preparation on the technology, confidence and experience, and being quick on your feet are key ingredients to a successful cross. Kirk usually goes to the heart of the examination early. Practical examples: 

• In a two-week 2004 patent trial for a key control systems company in San Francisco, Kirk completed cross examination of one expert in eight minutes. Jurors at the conclusion of the case observed that the expert did not appropriately apply his own principles. The jury awarded our client a 19% royalty. 
• Kirk won an arbitration liability proceeding in London on breach of a warrant of non-infringement in 2005 for Armstrong World Industries. The case settled before the damages hearing for almost $7 million. 
• Kirk won a recent ruling from the Eighth Circuit on fiduciary relationships between sophisticated entities. A major carpet manufacturer was held not to have assumed a fiduciary duty to a major insurance company in investigating a problem. 
• In his representation of Hayes Microcomputer Products, Inc., in a patent dispute, Kirk posed a question to the company’s technical expert on why a certain methodology could not serve in the "handshake" communication process between modems. The company authorized the filing of a patent application on that methodology.

In the 1980’s Kirk obtained two patents on the board game Jagger - selected by Games Magazine as one of the best new games of 1987. In 2005, Kirk obtained patents covering fuel intake systems in the automotive industry. As a hobby, he programs in Visual Basic, learning programming principles which allowed him to surprise a few software developers in depositions.

Philosophically, Kirk finds jury trials the most exciting and satisfying work he does, but he is constantly searching for the legal theory and authority that will allow his client to prevail by motion. He views research and writing skills as the most deadly weapons available to the litigator in complex matters. "Effective arguments are authoritative, compelling, yet neutral-sounding." Kirks' thirty plus years of litigation experience have been on the battlefield training in the verbal and written use of those weapons. Achieving a client’s strategic objectives requires careful planning and flexibility. Kirk is not unmindful that a cost-advantageous approach to victory can be mediation or other negotiated settlement. Opposing objectives are often not as incompatible as originally perceived and opposing parties, once educated on the magnitude of risks faced, are frequently more inclined to settle reasonably.

Kirk was named to "Georgia Super Lawyers" by Atlanta Magazine in 2005.