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Background

Craig Countryman is a Principal in the Southern California office of Fish & Richardson and was named a 2016 Rising Star by Law360, and was named to the "Top 40 Under 40" lists in both the Daily Journal and the San Diego Daily Transcript.  His practice centers on complex legal analysis and writing, particularly case-dispositive summary judgment, JMOL, and Federal Circuit briefs.  He also has extensive case-management experience in patent cases involving a range of technologies, including glaucoma drugs, polymer processing additives, spinal implants, coronary guidewires, power supply controller chips, network security, and computer backup software.  Craig has led the briefing in over 25 Federal Circuit and Supreme Court appeals, including the recent Halo Electronics case, where Craig and his colleagues convinced the Supreme Court to revise the standard for enhanced damages in patent cases.  He has extensive experience in taking over cases after trial, selecting the best legal issues for appeal, and framing them in a persuasive manner.  Craig writes frequently on a variety of patent law topics and has published over 25 articles and dozens of posts of Fish’s litigation blog.  Before joining Fish, Craig was a chemist and developed a novel synthesis of the anti-inflammatory drug ketorolac using a stereoselective, organocatalytic cycloaddition reaction as the main step.​

Education

J.D., University of California, Los Angeles School of Law 2006
Articles Editor, UCLA Law Review


B.S., California Institute of Technology 2003
Chemistry
with honors

Admissions

  • California 2006
  • Supreme Court of the United States
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. District Court for the Central District of California
  • U.S. District Court for the Northern District of California
  • U.S. District Court for the Southern District of California

Memberships & Affiliations

​Adjunct Professor of Law, University of San Diego (2016-present)
​San Diego Volunteer Lawyer Program, Board of Directors (2010-present)
Federal Bar Association, San Diego Chapter, Executive Committee Member (2010-2014)
Member of the Pro Bono Panel U.S. District Court for the Southern District of California

Other Distinctions

Daily Journal Top 40 Under 40 (2016)

San Diego Transcript Top 40 Under 40 (2016)

Law360 Rising Star (2016)

Super Lawyers Magazine Rising Star (2015 and 2016)

Los Angeles County Bar Association Bankruptcy Student of the Year (2006).

Beckman Scholar (2001-2003).

Arie J. Haagen-Smit Memorial Award (2003).

Publications

2015 Patent Decisions of the Federal Circuit, 65 Am. U. L. Rev. 769 (2016).​

"Lessons from Fed. Circ.’s 1st Wave of Post-Grant Appeals" Law360 (December 16, 2015).

"What Can You Do to Maximize Your Chances of Winning an IPR Appeal?Fish Litigation Blog (June 4, 2015).

"How Patent Reform Could Affect Claim Construction in IPRIP Law 360 (May 20, 2015) with Michael Rosen.

"Patent damages adrift from law," Daily Journal (April 20, 2015).

"Patent Eligibility of Nature-Based Products:  Current View of the United States Patent & Trademark Office," Industrial Biotechnology, Vol. 11, No. 2 (Feb. 2015), with Cong Yao & J. Peter Fasse.

"Federal Circuit Report: Damages Award Vacated by Federal Circuit," IP Litigator, Vol. 21 No. 1 pp.24-25 (Jan./Feb. 2015) (available here).

"Laches in patent disputes in doubt," Daily Journal (January 14, 2015).

"It’s not always obvious what’s ‘obvious,’" Daily Journal (August 27, 2014), with Juanita Brooks.

"Pay Up, Patent Case Loser," The Recorder (May 8, 2014), with Alex Gelberg.

"Properly pleading inventorship disputes in federal court," Daily Journal (April 9, 2014) with Kevin Kantharia.

"Federal Circuit Report," IP Litigator, January/February 2014, Vol. 20. No. 1.

"Federal Circuit confines the infringement analysis in generic drug cases to the product as described in the defendant’s FDA application," Fish Litigation Blog (November 4, 2013). This article was also featured in theIP Litigator November/December edition.

"Williams: A strange end to what Crawford began," Los Angeles Daily Journal (June 28, 2012).

"To Which Defendants Does the Fair Sentencing Act of 2010 Apply?," Federal Bar Association, San Diego Chapter Newsletter, p. 1, 7 (Winter 2011).

"Criminal Trial Advocacy Seminar Showcases Local Practitioners and Judges," Federal Bar Association, San Diego Chapter Newsletter, p. 3, 12-13 (Summer 2011).

"Misleading PTO Doesn’t Invalidate Patent," The Recorder (July 21, 2011).

"U.S. Supreme Court Confuses Patent Infringement Law" Los Angeles Daily Journal (July 6, 2011).

"Judge Battaglia Discusses His Practices and Procedures," Federal Bar Association, San Diego Chapter Newsletter, p. 6-7 (Spring 2011).

"Intent to Induce:  Accomplice Liability in Patent Cases," Los Angeles Daily Journal (Oct. 25, 2010).

"Ongoing Patent Royalties:  How Should They Be Calculated?," Los Angeles Daily Journal (Sept. 2, 2010).

"The Rise and Fall of False Marking Claims," Association of Business Trial Lawyers San Diego Report, Vol. XVII, No. 3 (Fall 2010).

"The Supreme Court’s Decision in Bilski v. Kappos Leaves Many Open Questions About What Constitutes Patentable Subject Matter," Federal Bar Association, San Diego Chapter Newsletter, p. 9-10, 18 (Summer 2010).

"U.S. Supreme Court Holds Class Arbitration Cannot Be Compelled by an Arbitration Clause Silent on the Issue," Association of Business Trial Lawyers San Diego Report, Vol. XVII, No. 2, p. 16 (Summer 2010).

"Disclosure of "Material" Information in Patent Applications," Los Angeles Daily Journal, Perspective (June 9, 2010).

"The Peculiarities of Pleading in Patent Cases," Los Angeles Daily Journal (April 28, 2010)

"An Analysis of the Justice Department’s New Position Regarding "Reverse Payment" Settlements," The AIPLA Antitrust News p. 2-6 (October 2009).

"Navigating The Marking And False Marking Statutes," Law360 (June 17, 2009).

"The Letter of the Law," Los Angeles Daily Journal, "Focus Column," 7 (May 28, 2009).

"The Evolving IP Marketplace: The Third in a Series of FTC Hearings," AIPLA Antitrust News, 2-7 (May 2009).

"A Weapon of Mass Protection,"Los Angeles Daily Journal, "Focus Column," 7 (February 13, 2009).

"The U.S. Supreme Court Takes on Patent Law," Association of Business Trial Lawyers San Diego Report, Vol. XIV, No. 3, p. 1 (Summer 2007).

"At the Crossroads of Law & Technology: Fourth Annual Conference, Patenting the Human Genome," Loy. L.A. Ent. L. Rev., 24, 111 (2004).

"The Priest-Klein Selection Hypothesis in Constitutional Litigation" (in progress).

Media Coverage

​Quoted, "Amendments Case Could Help Patents Survive AIA ReviewLaw360 (August 17, 2016).​

Quoted, "Fed. Circ.’s Embrace of PTAB to Fuel More AIA Reviews" Law360 (March 8, 2016).

Quoted, "Patent eligibility update brings slight improvements for biotech" The Daily Transcript (April 27, 2015).

Speaking Engagements

"Enhanced Damages Law After Halo Electronics, Inc. v. Pulse Electronics, Inc.," Supreme Court IP Review, Chicago-Kent College of Law (Sept. 22, 2016).

Conflicts and Other Pitfalls” at the Federal Circuit Bar Association Bench and Bar Conference (June 25, 2016) (Moderator).

Enhanced Damages in Patent Cases after Halo v. Pulse (June 23, 2016).

Biotech & Pharmaceutical Patents:  2014 Year in Review, February 26, 2015 (with Ahmed Davis).

Biotech & Pharmaceutical Patents: 2014 Year in Review, January 23, 2015 (with Chad Shear).

"Top 10 Issues from the PTAB Currently on Appeal," December 10, 2014 Webinar (with John Dragseth).

Experience

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What's trending with Craig

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News
June 13, 2016
Fish & Richardson Wins Major U.S. Supreme Court Victory for Halo Electronics in Patent Suit Over Enhanced Damages
Press Release
News
May 31, 2016
The First Wave of Post-Grant Appeals
Articles
News
December 16, 2015
Lessons From Fed. Circ.’s 1st Wave of Post-Grant Appeals
Articles
News
August 6, 2015
Fish & Richardson Affirms Patent Infringement Win for Allergan Over Generic LUMIGAN® 0.01% at the Federal Circuit
Press Releases
Fish Litigation Blog
July 24, 2015
PTAB’s Construction Must Be “Reasonable” In Light of All Intrinsic Evidence, PTAB May Require Patentee to Show Amended Claims Are Patentable Over All Prior Art of Record
Authors: Daniel A. Tishman, Craig Countryman
IP Litigation
Federal Circuit
Fish Litigation Blog
July 24, 2015
District Courts Deciding Whether to Modify a Protective Order to Allow U.S. Discovery to Be Used in Foreign Litigation Must Consider Factors Relevant to Section 1782 Proceedings
Authors: Craig Countryman, Daniel A. Tishman
IP Litigation
Federal Circuit
Fish Litigation Blog
July 22, 2015
Biosimilar Applicant Not Required to Disclose Application, But It Must Wait Until FDA Licensure to Provide Notice of Commercial Marketing And Cannot Launch for 180 Days Afterward
Author: Craig Countryman
IP Litigation
Federal Circuit
Life Sciences
Fish Litigation Blog
July 22, 2015
Trade Dress Not Protectable If It Serves Any Purpose Other Than Source Identification, No Apportionment Requirement for Design Patent Damages
Authors: Leah A. Edelman, Craig Countryman
IP Litigation
Federal Circuit
Fish Trademark & Copyright Thoughts Blog
July 21, 2015
PTO Errs by Discounting Evidence a Trademark Was Merely Suggestive and Failing to Consider the Opposing Mark as a Whole
Author: Craig Countryman
Blog
Fish Litigation Blog
July 21, 2015
PTO Errs by Discounting Evidence a Trademark Was Merely Suggestive and Failing to Consider the Opposing Mark as a Whole
Author: Craig Countryman
IP Litigation
Federal Circuit
Fish Litigation Blog
July 21, 2015
Exclusion of Patentee’s Damages Expert Not Sufficient to Justify Granting Summary Judgment
Authors: Craig Countryman, R. Andrew Schwentker
IP Litigation
Federal Circuit
Fish Litigation Blog
July 21, 2015
Claims Should Be Broadly Construed to Include Their Full Plain Meaning Where There Is No Disclaimer or Lexicography
Authors: Craig Countryman, Daniel A. Tishman
IP Litigation
Federal Circuit
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