Intellectual Property

Dr. David Marsh is co-chair of Arnold & Porter's intellectual property practice.  He focuses extensively on intellectual property counseling, interferences, inter partes and ex parte reexaminations, Hatch-Waxman issues and patent procurement, including in the biotechnology, business methods, chemical, clothing, computer media, consumer products, pharmaceutical and medical device areas. He has argued multiple matters before the United States Patent and Trademark Office's Board of Patent Appeals and Interferences. He also manages multiple European Opposition proceedings, and represents clients in patent and other intellectual property litigation and dispute resolution proceedings. Dr. Marsh is also an American Arbitration Association and World Intellectual Property Organization neutral arbitrator and has acted as a court-appointed mediator, arbitrator, and Markman Hearing special master. As an adjunct professor at Georgetown Law School, Dr. Marsh teaches "Biotechnology and Patent Law." He has also written numerous articles on patent law, is a frequent speaker at conferences in the US and Europe, and is an editor of BioScience Law Review.

Dr. Marsh carried out his graduate work in molecular biology at Cambridge, England, and his post-doctoral work at Yale University. His research experience includes molecular biology, immunology, biochemistry, and mammalian and plant genetics.

Intellectual Property Representative Matters

• Counsel for Amicus Curiae Pharmaceutical Research and Manufacturers of America on rehearing en banc in support of neither party in McKesson Technologies v. Epic Systems.  The Court of Appeals for the Federal Circuit sought to further address whether joint parties can act in concert to infringe upon multi-step patented methods.
• Counsel for Amicus Curiae Pharmaceutical Research and Manufacturers of America on rehearing en banc in support of neither party in Akamai Technologies, Inc. v. Limelight Networks, Inc.  The Court of Appeals for the Federal Circuit is addressing the issue of joint patent infringement and how to apportion liability between separate parties.