Patrick D. McPherson is the managing partner of the firm's Washington, D.C. office. Mr. McPherson represents clients in the acquisition, enforcement and protection of all aspects of their intellectual property rights. He also heads the firm’s Patent and Trademark Appeal Board (PTAB) and Inter Partes Review practice groups.
Mr. McPherson represents U.S. and foreign clients in the acquisition of patent rights in diverse technologies such as telecommunications, wireless communications, computer software, ink jet recording paper, medical devices and electronics and assists clients in establishing competitive patent review programs. He also provides advice regarding potential patent infringement issues. Having served as a Naval Officer on nuclear submarines, Mr. McPherson has practical engineering experience which is essential in developing the appropriate intellectual property strategy for the client.
Mr. McPherson has served as trial counsel both in the enforcement of, and defense against patent infringement lawsuits in federal courts throughout the United States,. He has assisted litigation clients in developing appropriate strategies to challenge asserted patents before the PTAB and has assisted in the preparation of over fifty petitions seeking Inter Partes Review (IPR) or review of covered business methods (CBM).
Mr. McPherson counsels clients in the development, maintenance and protection of brand identifiers, including conducting registrability investigations, prosecuting trademark applications, initiating inter partes proceedings before the United States Patent and Trademark Office, reviewing marketing materials and coordinating international protection programs.
He assists clients in identifying, registering and protecting their copyrighted works in diverse areas such as computer software, written and other artistic works and Web site design and has extensive experience in the transfer and licensing of copyrighted works.
Registered to practice before the United States Patent and Trademark Office and admitted to practice in Maryland, he is a member of the Maryland State Bar and the American Intellectual Property Law Association. Mr. McPherson is a 1995 graduate of the Columbus School of Law of The Catholic University of America and a graduate of the United States Naval Academy.
- Emergency One v. American FireEagle, (D.C. N.C./4th Cir 2000). Served as trial counsel for defendant during two five-day jury trials for trademark infringement in the fire vehicle industry. Ultimately successful in achieving a jury verdict of no liability for defendant. Successfully overturned first jury verdict for plaintiff on issue of abandonment. Case presently on appeal to Fourth Circuit.
- Epic Corp. v. Consolidated Systems, Inc. et al, (D.C. Fla. 1999). Obtained for defendants summary judgment of non-infringement of patent for metal decking.
- Cummins Eagle, Inc. v. Bakery Holdings, LLC (E.D. Va 1998). Represent plaintiff in action for patent infringement of two patents in the bakery manufacturing equipment industry. Represented plaintiff before U.S. Patent and Trademark Office during reexamination of the patents-in-suit which resulted in issuance of all reexamined claims plus several new claims. Case is stayed.
- Bakery Holdings, LLC v. Cummins Eagle, Inc. (N.D. Ga. 1998). Represent defendant in patent infringement suit. Successfully requested re-examination of the patent-in-suit before U.S. Patent and Trademark Office. Case is stayed.
- Chamber of Commerce of the United States v. U.S. Chamber of Shipping (D.D.C. 1997). Represented plaintiff in an action for trademark infringement, dilution and unfair competition. Settled case prior to trial with defendant agreeing to change its name.
Areas of Practice
- Trade Secrets
- Unfair Competition
- Intellectual Property Litigation
- U.S. Patent and Trademark Office
- Maryland Court of Appeals
Not admitted in D.C. Practice in D.C. limited to matters and proceedings before federal courts and agencies.
- The Catholic University of America, Columbus School of Law, J.D., 1995
- Duane Morris LLP
- Partner, 2002-present
- Carter, Ledyard & Milburn, Washington, D.C.
- Counsel, 2000-2001
- Rogers & Killeen, Alexandria, Virginia
- Partner, 1998-2000
- Associate, 1997-1998
- National Association of Securities Dealers, Rockville, Maryland
- Attorney, 1995-1997
- United States Navy
-Nuclear Submarine Officer, 1985-1992
- American Intellectual Property Law Association
- Co-author, "Federal Circuit Finds Computer Bingo Patents Invalid as Abstract Ideas," Duane Morris Alert, August 27, 2014