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Marc R Labgold
About Marc
Biography
Marc R. Labgold, Ph.D. is a registered U.S. patent attorney with 30 years of experience as lead counsel in patent litigations and international commercial arbitrations. His clients are recognized leaders in their respective industries – including leaders in the biotech, chemical, pharmaceutical, in vitro diagnostic, medical device, telecom, consumer electronics and semiconductor markets.
He is also an independent arbitrator with particular expertise in disputes involving patents, misappropriation of trade secrets, trademarks and copyrights.
Dr. Labgold is an accomplished trial attorney with extensive international experience in complex litigation involving patent infringement, theft of trade secrets, unfair competition and breach of contract. He has handled more than 60 patent cases, including both bench and jury trials in Federal District Courts throughout the United States and before the International Trade Commission and appellate arguments before the Court of Appeals for the Federal Circuit and the Ninth Circuit.
Dr Labgold’s litigation and courtroom experience provides significant benefit to clients in international commercial arbitration with a proven track record as lead counsel in international arbitrations and related proceedings in Japan, Hong Kong, Singapore, London and the United States, including actions administered under the UNCITRAL, ICC, HKIAC and FAA arbitral rules. He has led the successful defense against numerous jurisdictional challenges (including bind-ing non-signatories) and have achieved awards as high as US$475,000,000.
Dr Labgold’s patent practice also includes a broad range of patent opinion work (e.g., non-infringement, invalidity, unenforceability, freedom-to-operate, etc.), reexamination proceedings and inter partes reviews (IPR) and licensing.
ADMISSIONS:
- United States Patent & Trademark Office
- DC Bar
- State Bar of Georgia
- United States Supreme Court
- Court of Appeals for the Federal Circuit
- Court of Appeals for the Ninth Circuit
- U.S. District Court for the Eastern District of Texas
- U.S. District Court for the Northern District of Georgia
- U.S. District Court for the District of Maryland
- U.S. District Court for the District of Colorado
- D.C. Court of Appeals
Practice Areas
3
Practice Areas
Arbitration
50%
16 years | 10 cases
Patent Infringement
45%
35 years | 60 cases
Patent Application
5%
35 years | 200 cases
Fees and Rates
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Chat withLicenses
Licensed in District of Columbia for 24 years
State: District of Columbia
Acquired: 2001
No misconduct found
Licensed in Georgia for 30 years
State: Georgia
Acquired: 1995
No misconduct found
Location
Law Offices of Marc R Labgold, P.C.
12005 Sunrise Valley Drive, Suite 203, Reston, VA, 20191
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Michael Doane
Antitrust and trade law lawyer
Experience
Honors
2005
2005 Legal Elite, Washington Smart CEO Magazine
Work Experience
2009 - Present
Managing Member, Law Offices of Marc R. Labgold, P.C.
2009 - Present
Of Counsel, Nagashima Hashimoto & Yasukuni
2022 - 2022
Adjunct Professor, Florida International University College Of Law
2002 - 2008
Partner, Patton Boggs
2000 - 2002
Partner, Piper Marbury Rudnick & Wolfe
1999 - 2000
Partner, Long Aldridge & Norman
1990 - 1999
Partner, Oblon, Spivak, McClelland, Maier & Neustadt, PC
Associations
2021 - Present
Chartered Institute of ArbitratorsMember
2021 - Present
Bali International Arbitration and Mediation CenterFellow
2019 - Present
International Bar AssociationMember
2009 - Present
American Intellectual Property Law AssociationMember
Sample of Legal Cases
Infinity Computer Products, Inc. v. Oki Data Americas, Inc., Civil Action No. 18-0463-LPS-CJB (D. Del.).
Successful, invalidating all asserted claims of the patents-in-suit.
Seneca IP Licensing LLC v. Oki Data Americas, Inc., Civil Action No. 18-0057-LPS-CJB (D. Del.).
Case against client voluntarily dismissed without liability or damages prior to claim construction.
Freeny, et al. v. Oki Data Americas, Inc., et al., Consolidated Civil Action No. 2:17-cv-0183-JRG-RSP (E.D. Tex.).
Successful; Case against client voluntarily dismissed without liability or damages prior to claim construction.
Maxon, LLC v. Funai Corp., 255 F.Supp.3d 711 (N.D. Ill. 2017), aff’d, 726 Fed.Appx. 797 (Fed. Cir. 2018).
Successfully defended client at District Court, affirmed on appeal
Mariner IC LLC v. Funai Electric Co., Ltd., et al., Civil Action No. 2:16-cv-00105-JRG-RSP (E.D. Tex.).
Successful; Case voluntarily dismissed in response to Rule 11 safe harbor letter.
Crypton Future Media, Inv. V. Hologram USA, Inc, et al.,
Case successfully resolved with client receiving a covenant not to sue.
Seoul Semiconductor Co., Ltd. v. Craig Electronics, Inc.
Case dismissed against client
Navcom Technology Inc. and Deere & Co. v. Oki Electric Industry Co., Ltd, et al.,
Jury Verdict for Client
USEI v. Samsung et al.,
Favorable settlement achieved for client.
Penovia LLC v. Oki Data Americas, Inc
Case dismissed prior to Answer
Telecomm Innovations, LLC v. Oki Electric Industry Co., Ltd, et al.,
Achieved dismissal of the case prior to Answer.
In the Matter of Certain Printing and Imaging Devices and Components Thereof, USITC Inv. No. 337-TA-69
Client Prevailed
In the Matter of Certain Blu-Ray Disc Players, Components Thereof and Products Containing Same, USITC Inv. No. 337-TA-824
Resolved Favorably For Client
Infinity Computer Products, Inc. v. Brother Int’l Corp., et al., Civil Action No. 2:10-cv-03175 LDD (E.D. Pa.)
Currently stayed
FAS Technolgies, LLC v. Hirata Corporation, ICC Arbitration (Tokyo, Japan (2009))
Favorable settlement
Clontech v. Invitrogen, 263 F. Supp. 2d 780 (D. Del. 2003), aff’d-in-part and remanded, 406 F.3d 1347 (Fed. Cir. 2005)
Client Prevailed
Enzo Life Sciences Inc. v. Digene Corp. v. Enzo Biochem, Inc., Civil Action No. 02-212 JJF (D. Del.)
Favorable Settlement
Life Technologies, Inc. v. Clontech Laboratories, Inc., Civil Action Nos. AW-96-4080 and AW-00-1879 (D. Md.)
Client prevailed
Biacore v. Thermo BioAnalysis Corp., 79 F.Supp.2d 422 (D. Del. 1999) aff’d, 2002 U.S. App. Lexis 13957 (Fed. Cir. 2002)
Client prevailed
Ajinomoto Co. v. Archer-Daniel-Midland Co., 228 F.3d 1338 (Fed. Cir. 2000), aff’g, 1998 U.S. Dist. LEXIS 3833 (D. Del. 1998)
Client prevailed
Education
1995
George Washington University National Law Center
JD - Juris Doctor
1991
California Institute of Technology
PhD - Doctorate
1986
New York University
BA - Bachelor of Arts
Speaking Engagements
2020
Lawline Annual Corporate & Securities Conference
Drafting Effective Arbitration Agreements for International Transactions
2017
Hiroshima University Medical School Intellectual Property Seminar Series
Patenting and Licensing Discovery Tools Under U.S. Patent Law
Publications
2020
World Arbitration & Mediation Review (WAMR) Vol 13, No. 1
AUTHORITY TO ORDER A REMOTE HEARING OVER A PARTY OBJECTION: A MODEL LAW PERSPECTIVE
2020
Global Arbitration Review (GAR)
Hong Kong court looks at "choice of remedies" doctrine and power to correct awards
Languages
English
Activity
Legal Answers
Legal Answers
Q&A
What if a clerk refuses to file your documents as you requested and insists it is a civil case and not a misc action.
25 Apr 2020
Q&A
How can I avoid a violation of another person patent?
24 Apr 2020
Q&A
I have an idea for a product to help the dental profession return from the Covid virus ? Need a provisional patent,
23 Apr 2020