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Law Professional

P: (317) 238-6231
F: (317) 636-1507

Indianapolis Office
One Indiana Square
Suite 2800
Indianapolis, IN 46204-2079

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Practice and Industry Teams

Robert S. Prostko

Senior Associate

Robert Prostko is a patent attorney in the firm's Intellectual Property and Technology Law Practice Group.  Mr. Prostko focuses his practice on patent drafting and prosecution, patent infringement litigation, freedom-to operate/clearance/invalidity investigations, intellectual property due diligence assessments, drafting software development and/or licensing agreements, and client counseling.  Mr. Prostko's areas of technical understanding include software, electronic, wireless communications, networking, mobile computing, cloud computing, and electro-mechanical technologies.

Prior to joining Krieg DeVault, Mr. Prostko was an intellectual property associate at Kirkland & Ellis where his practice focused on patent infringement litigation. Mr. Prostko was engaged in all aspects of his cases including e-discovery, working with technical experts, case dispositive briefing, claim construction briefing, preparation of witnesses for depositions as well as live trial testimony, and preparation of materials for trial.

During law school, Mr. Prostko worked for a year and a half as a law clerk at a patent prosecution boutique. As an undergraduate student, Mr. Prostko worked for Motorola as a co-op for three semesters. While at Motorola, Mr. Prostko worked on the design team for the LoJack stolen vehicle transceiver and Bluetooth handset phones. Mr. Prostko's responsibilities included designing and testing circuits and writing embedded and desktop software. Furthermore, he has written software in the following programming languages: C, C++, Visual Basic, Java, Assembly, and Perl.

Representative Experience

  • Drafted and prosecuted patent applications focusing on software and electronics
  • Conducted freedom-to-operate searches and analyses to ensure that the clients' products avoid competitors' intellectual property rights
  • Drafted non-infringement opinions based on the freedom-to-operate analyses
  • Prepared software development agreements
  • Drafted intellectual property licensing agreements
  • Performed due diligence investigations in connection with acquisitions of intellectual property
  • Conducted patent invalidity searches and analyses as well as prepared patent invalidity opinions
  • Analyzed patent prior art and prepared invalidity contentions related to wireless network patents
  • Defended deposition of software engineer related to patent infringement and trade secret allegations
  • Worked with technical experts on their non-infringement and invalidity expert reports related to 3D computer graphics software
  • Researched and drafted Markman briefs for 3D computer graphics and wireless network patents
  • Managed e-discovery vendor on document and source code collections and productions


  • DePaul University College of Law, Chicago, Illinois (J.D., cum laude, 2007)
    • Certificate in Intellectual Property and Technology Law
    • DePaul Law Review, Business Manager
    • Phi Kappa Phi Honor Society
    • Judicial Extern, Chambers of the Honorable William J. Bauer, Senior Judge, United States Court of Appeals for the Seventh Circuit, August 2006 – December 2006
    • Judicial Extern, Chambers of the Honorable Charles P. Kocoras, Chief Judge, United States District Court for the Northern District of Illinois, Eastern Division, January 2006 – May 2006
  • University of Louisville, Louisville, Kentucky (B.S. in Computer Engineering and Computer Science, cum laude)

Bar Admissions

  • Indiana
  • California
  • U.S. Patent & Trademark Office

Professional Associations

  • American Bar Association
  • Indy Bar Association