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Background

Craig Countryman is a Principal in the Southern California office of Fish & Richardson and the Co-Chair of Fish’s Appellate Practice. Craig has been named a Law360 MVP for Appellate work, a Rising Star by Law360, and he has been selected for the “Top 40 Under 40” lists in the Daily Journal, San Diego Daily Transcript, and San Diego Metro Magazine. 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 50 Federal Circuit and Supreme Court appeals, including the 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. Court of Appeals for the Eleventh 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

San Diego Metro Magazine40 Under 40” (2017).

Appellate MVP, Law360 (2016).

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, 2016, 2019).

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

Beckman Scholar (2001-2003).

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

Publications

Fed. Circ. Is Tightening Appellate Standing For IPR Cases,” Law360 (November 26, 2018).

“Secret Sales and Prior Art,” Daily Journal (October 8, 2018).

“Will the Court Upend the Dual Sovereign Doctrine?” Daily Journal (September 26, 2018).

Fed. Circ. Redefines ‘Real Party In Interest’ In USPTO Reviews,” Law360 (September 7, 2018).

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 IPR,” IP 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, “From NJ To Texas: How The Courts Fared At The Fed. Circ.,” Law 360, (February 21, 2018).

Quoted, “Fed. Circ. Criticism Trains Spotlight On PTAB Procedures,” Law360, (August 24, 2017).

Quoted, “AIA Constitutionality Case Could Create Patent Law Chaos,” Law360, (June 13, 2017).

Quoted, “Bill To End Chevron Deference May Put Target on USPTO Rules,” Law 360 (Jan. 20, 2017).

Quoted, “Amendments Case Could Help Patents Survive AIA Review” Law360 (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

“After RPX: Privity, RPII and Estoppel in AIA-Post Grant Proceedings,” Intellectual Property Owners IP Chat Channel (August 23, 2018).

“Supreme Court Update and Cases to Watch,” panelist, Daily Journal Patent Disputes Forum – South, Beverly Hills, CA (December 6, 2017).

“Enhanced Damages and Willfulness after Halo: What are District Courts Doing and How Can Parties Prepare?” speaker, NJIPLA Patent Litigation Seminar, Iselin, New Jersey (March 16, 2017).

“Supreme Court Update & Cases to Watch,” panelist, Patent Disputes Forum South, Costa Mesa, CA. (October 19, 2016).

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

“Conflicts and Other Pitfalls,” moderator, Federal Circuit Bar Association Bench and Bar Conference (June 25, 2016).

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

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

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

Top 10 Issues from the PTAB Currently on Appeal,” presenter with John Dragesth, Fish Post-Grant Webinar (December 10, 2014).

Experience

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What's trending with Craig

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News
August 29, 2017
Fish & Richardson Announces Federal Circuit Summaries Tracker
Fish & Richardson Announces Federal Circuit Summaries Tracker
Press Release
News
June 14, 2017
Craig Countryman Quoted in Law360 Article, “AIA Constitutionality Case Could Create Patent Law Chaos”
Craig Countryman Quoted in <i>Law360</i> Article, “AIA Constitutionality Case Could Create Patent Law Chaos”
Media Mention
News
October 18, 2018
Craig Countryman Authors Article in the Daily Journal, "Will the Court Upend the Dual Sovereign Doctrine?"
Craig Countryman Authors Article in the <i>Daily Journal,</i>
Articles
Event
August 23rd, 2018 | 2:00 pm EDT
IP Chat Channel Webinar: After RPX: Privity, RPI, and Estoppel in AIA Post-Grant Proceedings
IP Chat Channel Webinar: After <i>RPX</i>: Privity, RPI, and Estoppel in AIA Post-Grant Proceedings
Speaking Engagement
Webinar
Fish Litigation Blog
June 13, 2018
Fish Obtains First PGR Reversal at Federal Circuit in Altaire Pharmaceuticals, Inc. v. Paragon Bioteck, Inc.
Fish Obtains First PGR Reversal at Federal Circuit in <i>Altaire Pharmaceuticals, Inc. v. Paragon Bioteck, Inc.</i>
Authors: Oliver J. Richards, Ahmed J. Davis, Gwilym J. O. Attwell, Craig Countryman
IP Litigation
Federal Circuit
Life Sciences
News
April 25, 2018
Fish & Richardson Wins Federal Circuit Affirmance of Reversal of $200 Million Damages Against Gilead After Merck’s “Unclean Hands”
Fish & Richardson Wins Federal Circuit Affirmance of Reversal of $200 Million Damages Against Gilead After Merck’s “Unclean Hands”
Press Release
News
September 27, 2017
Fish & Richardson Attorneys Craig Countryman and Crystal Culhane Named to SD Metro’s 40 Under 40 List
Fish & Richardson Attorneys Craig Countryman and Crystal Culhane Named to SD Metro’s 40 Under 40 List
Press Release
Event
December 6th, 2017 | 8:00 am PST
Daily Journal 2017 SoCal Patent Disputes Forum
Daily Journal 2017 SoCal Patent Disputes Forum
Speaking Engagement
News
August 25, 2017
Law360: Fed. Circ. Criticism Trains Spotlight On PTAB Procedures
<i>Law360</i>: Fed. Circ. Criticism Trains Spotlight On PTAB Procedures
Media Mention
Fish Litigation Blog
May 5, 2017
Oral Argument Key Points: Impression Products, Inc. v Lexmark Int’l, Inc.
Oral Argument Key Points: <i>Impression Products, Inc. v Lexmark Int’l, Inc.</i>
Author: Craig Countryman
IP Litigation
Commercial Litigation
Event
March 16th, 2017
NJIPLA Patent Litigation Seminar – Countryman to Speak
NJIPLA Patent Litigation Seminar – Countryman to Speak
Speaking Engagement
Event
December 15th, 2016 | 4:30 pm PST
ACC Annual Holiday Mixer & CLE Program
ACC Annual Holiday Mixer & CLE Program
Speaking Engagement
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