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Christopher Marchese

Principal

San Diego, CA
858-678-4314
marchese@fr.com
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Background

Christopher Marchese is a Principal in the Southern California office of Fish & Richardson. His practice focuses on patent litigation, including cases involving computer networking, hardware, software, and chemistry, as well as integrated circuits, compression technology, and wireless communications. Mr. Marchese has substantial experience handling trials, pivotal motions, and other key aspects of patent litigation matters, including summary judgment arguments, tutorials and argument at Markman hearings, and mock jury trials. He has litigated and tried major patent cases in multiple jurisdictions across the United States, including the Central, Southern, and Northern Districts of California, the District of Delaware, District of Massachusetts, the Eastern District of Wisconsin, and the International Trade Commission. He won a jury trial in the Central District of California in September 2016, obtaining a verdict for significant damages and willful infringement for a plaintiff-client in a competitor case.  In addition to patent litigation, Mr. Marchese also represents his clients in cases involving inter partes review, 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.

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

  • Video compression (MPEG-1, MPEG-2, H.264, and VC-1 standards and related technology);
  • Audio compression (including MP3 standard and related technology);
  • Speech compression (including G.723.1 standard and related technology);
  • Wireless communications (including GSM, LTE, and IEEE 802.11);
  • Computer networking (including ATM, Ethernet, DOCSIS, and WiMAX technologies);
  • Semiconductors and integrated circuitry;
  • Software (various operating systems and a wide range of application software);
  • 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, federal jurisdiction, and the best mode requirement. His articles have been cited by the Federal Circuit and district courts.

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 (2013-2016).

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

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

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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Fish Litigation Blog
March 24, 2017
Federal Circuit Opinion Astrazeneca v. Apotex Cites Patent Damages Treatise
Federal Circuit Opinion <em>Astrazeneca v. Apotex</em> Cites Patent Damages Treatise
Author: Christopher Marchese
IP Litigation
Federal Circuit
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 1st, 2016 | 1:00 pm EST
Webinar: Patent Damages Theories
Webinar:  Patent Damages Theories
Webinar
Event
October 19th, 2016 | 8:00 am PDT
2016 Southern California Patent Disputes Forum
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
October 7th, 2015 | 1:00 pm EDT
INSIGHTS Webinar: Patent Damages Replay
INSIGHTS Webinar: Patent Damages Replay
Speaking Engagement
Event
September 23rd, 2015 | 1:00 pm EDT
INSIGHTS Webinar: Patent Damages
INSIGHTS Webinar: Patent Damages
Speaking Engagement
Webinar
Event
May 19th, 2011 | 11:30 am EDT
Life Sciences Intellectual Property Summit 2011
Speaking Engagement
Event
April 9th, 2014
Post-Grant for Practitioners: Dramatic changes in district court litigation as a consequence of PTAB proceedings
Speaking Engagement
Event
April 14th, 2010 | 8:00 am EDT
How Is Damages Law Affecting the Patent Market?
Speaking Engagement
Event
May 26th, 2010
Taming the Wild West of Patent Damages: Is There a New Sheriff in Town?
Speaking Engagement
Event
May 20th, 2010
Taming the Wild West of Patent Damages: Is There a New Sheriff in Town?
Speaking Engagement
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