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Christopher Marchese

Principal | Southern California | 858-678-4314 | marchese@fr.com

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, and software, 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 or 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, and the Western District of New York. In addition to patent litigation, Mr. Marchese also represents his clients in cases involving trademarks, 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);
  • 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
  • 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 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 lead 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 district courts and the Federal Circuit.

ADMISSIONS

  • California
  • United States Patent and Trademark Office
  • United States Court of Appeals for the Federal Circuit

OTHER DISTINCTIONS

Selected Speeches and Publications
  • Co-author of treatise entitled "Patent Damages Law & Practice" (West Group Publishing).
  • Co-author of blog on patent damages, www.patent-damages.com
  • 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).
  • May 29 & 30, 2014 - Christopher Marchese, "Case Law Trends for Patent Damages," Litigation Patent Damages Conference.
  • 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.
Awards and Honors
  • Listed as a "2014 Top Lawyer" for Litigation in San Diego Magazine.
  • Top Rated - AV® PreeminentTM Lawyers in Intellectual Property Law (2013)
  • IP Star, Managing Intellectual Property magazine (2013, 2014).
Education
  • BA, Centre College of Kentucky 1987
    Mathematics
  • BS, University of Kentucky 1987
    Electrical Engineering
  • JD, George Washington University Law School 1992

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