Overview
Patrick Colsher is a senior associate in the Litigation practice, focusing on intellectual property litigation and counseling. A registered patent attorney with a technical background in electrical and biomedical engineering, Patrick is frequently called upon to guide clients through their toughest IP issues. Patrick has significant trial experience, having litigated numerous patent and other IP cases in federal courts throughout the country and Section 337 investigations before the International Trade Commission. He has also developed a track record for success in post-grant inter partes review and covered business method review proceedings before the US Patent & Trademark Office, acting as lead counsel for both petitioners and patent owners in dozens of proceedings.
Experience
- Represent LED supplier Nichia in multiple patent litigations in district court and the ITC, and in over a dozen inter partes review proceedings at the Patent Office.
- Represent Robert Bosch as patent owner in multiple inter partes review proceedings and at the Federal Circuit over Bosch’s seminal beam wiper blade patents.
- Represent Bath & Body Works in district court and at the Federal Circuit over patented antimicrobial dermal delivery technology. Obtained jury verdict of invalidity due to an on-sale bar. Affirmed on appeal by Federal Circuit.
- Represent pricing-software company Price f(x) in competitor suits in multiple venues brought by Vendavo, alleging patent infringement, copyright infringement, trade secret misappropriation, and state law unfair business claims. After bringing trade secret counterclaim, defeating preliminary injunction on all key issues, and achieving successful institution of cover business method review challenges at the Patent Office of all five asserted patents, the parties agreed to dismiss all proceedings with prejudice, whereby Vendavo admitted that Price f(x) owns all IP in its products without any infringement of Vendavo’s patents, copyrights, or trade secrets.
- Represent Spotify, Netflix, and Hulu in district court and inter partes review proceedings over patented streaming media technology. Federal Circuit ultimately held invalid all asserted patent claims challenged at the Patent Office.
- Represent Victoria’s Secret in district court over patented dynamically-generated applet technology. Obtained summary judgment of non-infringement. Affirmed on appeal by Federal Circuit.
- Seconded attorney for two years at a major automotive company, working with in-house team to manage patent litigations and intellectual property transactions.
Qualifications
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Education
New York Law School
J.D., cum laude
- Senior Editor, Law Review
- John Marshall Harlan Scholar
Duke University
B.S.E., Electrical Engineering
B.S.E., Biomedical Engineering
Minor, Economics
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Admissions
- New York
- New Jersey
- Registered Patent Attorney, United States Patent and Trademark Office
- Not admitted in California
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Courts
- United States District Court for the Southern District of New York
- United States District Court for the Eastern District of New York
- United States District Court for the District of New Jersey
- United States District Court for the Eastern District of Texas
- United States Court of Appeals for the Federal Circuit