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Christopher Marchese

Principal

San Diego, CA
858-678-4314
marchese@fr.com
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Christopher Marchese Photo

Background

Chris Marchese is a Principal in the Southern California office of Fish & Richardson. He specializes in patent litigation and trials. He has handled patent cases in a wide range of technologies, including computer networking, hardware, software, and chemistry, as well as integrated circuits, compression technology, and wireless communications. Mr. Marchese has successfully first chaired both jury and bench trials, and has extensive experience with all aspects of patent litigation.

Over 25-plus years of practice, he has litigated and tried major patent cases in jurisdictions across the United States, including the Central, Southern, and Northern Districts of California, District of Delaware, District of Oregon, District of Massachusetts, Eastern District of Wisconsin, and the International Trade Commission. He first-chaired a jury trial in Los Angeles in 2016, obtaining a verdict of $12.5 million in damages and willful infringement in a case involving chemical formulations for disinfecting greenhouse water. He first-chaired a jury trial in 2017 in San Diego in which the jury invalidated Columbia Sporrtswear’s flagship utility patent related to its “OmniHeat” products. In addition to patent litigation, Mr. Marchese also represents his clients in cases involving inter partes review, ex parte reexamination, trademarks, design patents, copyrights, unfair competition, and trade secrets.

As a complement to his litigation practice, Mr. Marchese also performs patent portfolio analyses for his clients, both in connection with potential litigation and for corporate acquisitions. He also has prepared and prosecuted numerous patent and trademark applications, and has handled trademark opposition and cancellation proceedings.

Mr. Marchese’s technical expertise and knowledge extends to a wide variety of technologies that include:

  • Software (operating systems and application software);
  • Image processing and video compression (including MPEG-1, MPEG-2, H.264, and VC-1 standards and related technology);
  • Wireless communications (including GSM, LTE, and IEEE 802.11);
  • Semiconductors and integrated circuitry;
  • Computer networking (including ATM, Ethernet, DOCSIS, and WiMAX technologies);
  • Audio and speech compression (including various standards);
  • Satellite technology; and
  • Chemistry and Cleantech

In 1999, Mr. Marchese co-authored a comprehensive treatise on patent damages that is updated annually and has been cited by the Federal Circuit in Astrazeneca AB v. Apotex Corp.,  Astetek Danmark a/s v. CMI USA Inc., and Lucent v. Gateway, as well as numerous district courts. He has participated in panel discussions and given speeches and seminars around the country on patent damages, and he led a team that developed Fish & Richardson’s patent damages web page. He also co-authors a blog focused on patent damages: www.patent-damages.com. You can follow his blog on Twitter at https://twitter.com/patentdamages. In addition, he has written numerous law review articles on subjects that include patent damages and federal jurisdiction. His articles have been cited by the Federal Circuit and district courts.

Mr. Marchese is also active in pro bono matters. He is on the Board of Directors for the California Lawyers for the Arts (CLA). He has worked on a number of matters referred to the firm by CLA and dedicates many hours annually to pro bono activities. He has worked for pro bono clients enforcing copyrights in musical compositions and recordings, collecting musical royalties, litigating commercial disputes, and on patent prosecution matters.

Mr. Marchese was an adjunct professor of law at the University of San Diego from 2012 to 2015. He taught a course on patent litigation with other Fish Principals.

Personal photo

Education

J.D., George Washington University Law School 1992


B.A., Centre College of Kentucky 1987
Mathematics


B.S., University of Kentucky 1987
Electrical Engineering

Admissions

  • U.S. Patent and Trademark Office
  • California
  • U.S. Court of Appeals for the Federal Circuit

Other Distinctions

Named one of San Diego’s Top Attorneys by San Diego Magazine (2017).

IP Star, Managing Intellectual Property magazine (2013-2018).

Listed as a “2014 Top Lawyer” for Litigation in San Diego Magazine.

Top Rated – AV® PreeminentTM Lawyers in Intellectual Property Law (2013)

Acclaimed Litigation Victories.
National Law Journal, 2009 “Appellate Hot List,” Predicate Logic v. Distributive Software, 544 F.3d 1298 (Fed. Cir. 2008).

IP Law & Business to “Top 10 Litigation Wins” of 2008, Microsoft v. Lucent.

National Law Journal, 2000 “Top Defense Victory,” Bellcore v. FORE Systems

Selected Media Coverage

Quoted in “New patent damages analysis meets with mixed results,” Daily Journal (August 21, 2013).

Quoted in “Social media use can lead to ethical dilemmas,” San Diego Daily Transcript (April 30, 2013).

Quoted in “Damage Awards a Sticking Point in Patent Reform Debate,” San Diego Daily Transcript (September 22, 2010).

Selected Publications
Co-author of treatise entitled “Patent Damages Law & Practice” (West Group Publishing).

Co-author of blog on patent damages, www.patent-damages.com.

Author of numerous articles, including:

Co-author, “Patent damages & lost profits,” Daily Journal (June 27, 2017).

Co-author, “How to Build Daubert-Proof Patent Damages Cases,” Daily Journal (December 07, 2016).

Fish & Richardson 2012 Patent Damages Newsletter, also available on Lexology.

“Runaway Patent Damages Awards: Is Statutory Reform on the Way?,” Los Angeles Daily Journal (August 11, 2010).

“Patent Damages,” Corp. Counsel Rev., 17, 3 (1998).

“Patent Infringement and Future Lost Profits Damages,” Arizona State L.J., 26 (1994).

“Challenging Subject Matter Jurisdiction in Patent Infringement Suits,” UMKC L. Rev., 61 (1993).

“Promoting the Progress of the Useful Arts by Narrowing Best Mode Disclosure Requirements in Patent Law,” U. Pitt. L. Rev., 54, 589 (1993).

“The Dormant Commerce Clause and Airport Noise: A Case for Narrow Judicial Review,” Baylor L. Rev., 44, 645 (1992).

“Confusion, Uncertainty, and the Best Mode Requirement,” Fed. Cir. Bar. J., 2 (1992).

Selected Speaking Engagements

October 25, 2017 – Christopher Marchese, “Hot Topics in Patent Damages for In-House Counsel,” Practical Law Webinar.

February 23, 2017 – “Willfulness, Enhanced Damages, and Opinions of Counsel Since Halo,” IPO Chat Channel.

October 19, 2016 – Christopher Marchese, “Presenting Damages at Trial:  How to Relate Your Damages Case to the Jury,” Patent Disputes Forum South, Costa Mesa, CA.

December 2, 2015 – Christopher Marchese, “Patent Damages: The Success and Failure of a Theory,” Fish INSIGHTS Webinar.

September 23, 2015 & October, 7, 2015 – Christopher Marchese, “Patent Damages,” Fish INSIGHTS Webinar.

January 29, 2014 – Judge Janis Sammartino, Christopher Marchese, “Parallel Patent Office Proceedings, Intervention and Bifurcation: Unique Issues of Patent Case Management Under the America Invents Act,” 2014 Advanced Complex Litigation Series.

May 29 & 30, 2014 – Christopher Marchese, “Case Law Trends for Patent Damages,” Litigation Patent Damages Conference.

April 9, 2014 –  Christopher Marchese, Karl Renner, Dorothy Whelan, “Dramatic Changes in District Court Litigation as a Consequence of PTAB Proceedings,” Fish Post-Grant for Practitioners webinar.

December, 2013 –  Christopher Marchese, Justin Barnes, “The Continuing Evolution of Patent Damages: What You Don’t Know May Hurt You,” Fish INSIGHTS webinar.

July 11, 2012 – Christopher Marchese, Mike Amon, “The AIAs Impact on Patent Litigation,” ACCA San Diego Chapter Brown Bag CLE.

March 18, 2010 – Christopher Marchese, Heidi Harvey, John Dragseth, “Beyond Forest: What Do You Really Need to Know about Patent Marking,” Fish & Richardson webinar

April 14, 2010 – Mr. Marchese participated in a panel discussion on “The Legislative Role of Patent Damages,” IP Counsel Café, Palo Alto, California.

May 18, 2010 – Christopher Marchese, Justin Barnes, Michael Florey, John Skenyon presenting “Taming the Wild West of Patent Damages: Is There a New Sheriff in Town?” in Minneapolis.

May 20, 2010 – Christopher Marchese, Justin Barnes, Michael Florey, John Skenyon presenting “Taming the Wild West of Patent Damages: Is There a New Sheriff in Town?” in Boston.

May 26, 2010 – Christopher Marchese, Justin Barnes, Michael Florey, John Skenyon presenting “Taming the Wild West of Patent Damages: Is There a New Sheriff in Town?” in San Diego.

Experience

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What's trending with Christopher

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News
December 20, 2017
Court Vacates TRO and Denies Motion for Injunction in Columbia-Seirus Patent Battle
Press Release
Event
October 25th, 2017 | 1:00 pm EDT
Webinar: Hot Topics in Patent Damages for In-House Counsel
Webinar: Hot Topics in Patent Damages for In-House Counsel
Speaking Engagement
Webinar
News
May 21, 2018
Fish & Richardson Announces 39 Attorneys Named “IP Stars” by Managing Intellectual Property Magazine
Press Release
News
March 6, 2018
Fish & Richardson Announces Ranking as a Top National Trademark Practice by Managing Intellectual Property
Press Release
News
October 4, 2017
Fish & Richardson Invalidates Columbia's Omni-Heat Patent for Client Seirus
Press Release
News
June 23, 2017
Fish & Richardson Announces 36 Attorneys Named “IP Stars” by Managing Intellectual Property Magazine
Press Release
Event
February 23rd, 2017
IPO Chat Channel: Willfulness, Enhanced Damages, and Opinions of Counsel Since Halo.
IPO Chat Channel:  Willfulness, Enhanced Damages, and Opinions of Counsel Since <em>Halo</em>.
Speaking Engagement
Event
December 2nd, 2015 | 1:00 pm EST
INSIGHTs Webinar - Patent Damages: The Success and Failure of a Theory
INSIGHTs Webinar - Patent Damages: The Success and Failure of a Theory
Webinar
Event
May 19th, 2011 | 11:30 am EDT
Life Sciences Intellectual Property Summit 2011
Speaking Engagement
Event
April 14th, 2010 | 8:00 am EDT
How Is Damages Law Affecting the Patent Market?
Speaking Engagement
Event
May 18th, 2010
Taming the Wild West of Patent Damages: Is There a New Sheriff in Town?
Speaking Engagement
Event
March 18th, 2010 | 2:00 pm EDT
"Beyond Forest Group v Bon Tool: What do you really need to know about patent marking?"
Speaking Engagement
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