Donald E. Knebel

Donald E. Knebel

Of Counsel (Retired)

Donald E. Knebel is of counsel (retired) with Barnes & Thornburg, resident in the Indianapolis office. He was a member of the firm's Intellectual Property Law Department.

Donald concentrated his practice on cases involving claims of patent infringement, violations of the antitrust laws, unfair competition and trademark infringement, improper termination of distributors and sales representatives, and violation of non-competition agreements. He was involved in cases in 23 states and tried cases to verdict in 10 states.

He is a fellow in the American College of Trial Lawyers and has been listed in The Best Lawyers in America since the first edition in 1983 and was named the 2011 Indianapolis Intellectual Property Litigation Lawyer of the Year. In 2015 and 2018, he was recognized by Best Lawyers as a "Lawyer of the Year." He has been identified by Chambers USA America's Leading Lawyers for Business publication as 'the best in Indiana for patent litigation.' A survey by Mondaq, an English company, identified him as one of the most recommended lawyers in the world in the field of patent law. Additionally, Donald has been recognized as an Indiana Super Lawyer.

Donald serves as adjunct professor and senior advisor to the Center for Intellectual Property Research at the Indiana University Maurer School of Law. He has lectured widely to many types of groups on assuring compliance with antitrust laws and related topics. He was also a frequent speaker on the use of technology, including animation, in patent cases. Donald has written numerous articles, several published in recognized journals, involving antitrust laws and the protection of intellectual property. He is coauthor of the Indiana chapter of State Antitrust Practice and Statutes, published by the American Bar Association.

Donald received a B.S.E.E. with highest distinction from Purdue University in 1968 and worked from 1968 to 1971 as an electronics design engineer for Lockheed Aircraft Corporation. He received his J.D., magna cum laude, from Harvard Law School in 1974 and joined Barnes & Thornburg that same year. Donald is admitted to practice in Indiana and before the 1st, 3rd, 4th, 6th, 7th and Federal Circuits, as well as several federal district courts.

Experience
  • Affirmed trial court's finding of non-infringement of defendant's patent.
  • Barnes & Thornburg attorneys represent defendant Knauf Insulation GmbH, a leading manufacturer of fiberglass insulation, in three related antitrust actions concerning allegations of price fixing and price differentials to a major customer. The direct purchaser plaintiffs, on behalf of a class of contractors who purchased residential fiberglass insulation, alleged that the five largest producers of fiberglass insulation engaged in price-fixing by agreeing with a large, common customer (Masco) to maintain a "price spread" between insulation sold to the customer and that sold to other contractors. Plaintiffs alleged damages in the action exceeding $750 million. After three manufacturers had already entered settlements in the direct purchaser case, Knauf negotiated a cost-of-litigation settlement that was less than half the settlement of any other defendant, and only 10% of one of the manufacturer's settlements. Masco settled on the eve of the trial in the summer of 2012.

    Two groups of indirect purchasers also filed suit. Barnes & Thornburg negotiated dismissal with prejudice on behalf of all defendants in one case in exchange for an agreement not to seek sanctions (Lummis). Motions to dismiss the second case are still pending in the Northern District of Georgia (Von Der Werth).

    Columbus Drywall & Insulation, Inc. et al v.
Credentials

Education

  • Harvard Law School, J.D., 1974, magna cum laude
  • Purdue University, B.S., 1968, with highest distinction

Bar Admissions

  • Indiana

Court Admissions

  • U.S. Court of Appeals for the Federal Circuit
  • U.S. Court of Appeals for the First Circuit
  • U.S. Court of Appeals for the Fourth Circuit
  • U.S. Court of Appeals for the Seventh Circuit
  • U.S. Court of Appeals for the Sixth Circuit
  • U.S. Court of Appeals for the Third Circuit
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