Phil Marsh's practice focuses on complex litigation involving technology and intellectual property, with a particular emphasis on patent, trade secret, copyright, and complex commercial litigation. He has successfully represented clients in disputes in federal district and appellate courts, the U.S. International Trade Commission (ITC), mediations, and arbitrations. He also counsels clients on a broad range of strategic intellectual property and business issues.
Phil has represented clients across a wide range of technologies, including computer hardware and software, artificial intelligence and self-learning systems, medical devices, semiconductor devices and fabrication, consumer electronics, electronic commerce, telecommunications, cryptography, memory storage devices and systems, databases, lasers and optical systems, online gaming systems, alternative energy (e.g., solar and battery) systems, and biotechnology systems.
Phil's litigation-related experience includes:
- counseling clients to protect rights, avoid risks, and maximize client business strategies;
- direct and cross examinations of key technical expert and fact witnesses in jury trials and before the ITC;
- successfully briefing and arguing dispositive motions and claim construction positions in federal district court and the ITC
- successful briefing and arguing on behalf of clients before the Court of Appeals for the Federal Circuit and successful briefing on behalf of clients before the U.S. Supreme Court
- successfully arguing pre- and post-trial motions, and jury selection; and
- successfully managing and taking primary day-to-day responsibility for complex, multi-party cases in federal district court, the ITC, and in multidistrict litigation (MDL) proceedings
- favorably settling cases for clients through private mediation and arbitration.
In addition to his litigation experience, Phil also has significant experience representing patent clients in all phases before the U.S. Patent and Trademark Office, including drafting and prosecuting patent applications, patent appeals, and post-grant proceedings, such as inter partes reviews and ex parte reexaminations. Before law school, Phil worked as a patent examiner.
Experience
- Electronic trading and arbitrage company principal in defending against trade secret misappropriation and business tort claims in binding arbitration.
- Toy company in complex litigation involving disputes over employment issues and various business torts.
- Game manufacturer in defending against antitrust and unfair competition claims
- Storage device manufacturer in defending against unfair competition and other business tort claims.
Perspectives
Credentials
Education
- J.D., The George Washington University
- Honors B.S., Electrical Engineering, University of Utah
Admissions
- California
- District of Columbia
- Supreme Court of the United States
- Supreme Court of Virginia
- U.S. Court of Appeals for the Federal Circuit
- U.S. Court of Appeals for the Fourth Circuit
- U.S. Court of Appeals for the Ninth Circuit
- U.S. District Court, Northern District of California
- U.S. District Court, Eastern District of Texas
- U.S. District Court, Eastern District of Virginia
- U.S. District Court, Eastern District of Michigan
- U.S. District Court, District of Columbia
- U.S. District Court, District of Colorado
- U.S. District Court, Western District of Pennsylvania
- U.S. Patent and Trademark Office
- Judicial Panel on Multidistrict Litigation
Government & Military Service
- Patent Examiner, United States Patent and Trademark Office (June 1998 - June 1999)
Activities
- Member, American Intellectual Property Law Association
- Member, ITC Trial Lawyers Association
- Member, American Bar Association, Intellectual Property Section
- Member, Association of Business Trial Lawyers
- Member, Institute of Electrical and Electronics Engineers (IEEE)—Intellectual Property Committee Member