Patrick D. McPherson

is the managing partner of the firm's Washington, D.C. office . As a member of the firm’s Intellectual Property Practice Group, 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, semiconductors, wireless communications, computer software, data processing and analytics, financial services, mobile geolocation, pharmaceuticals, and medical devices and electronics and assists clients in establishing competitive patent review programs.

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 prepared and filed over seventy petitions seeking Inter Partes Review (IPR) or review of covered business methods (CBM). Mr. McPherson has successfully represented clients in patent litigation appeals before the Court of Appeals for the Federal Circuit.

Mr. McPherson counsels clients in the development, maintenance and protection of brand identifiers, including conducting registrability investigations, prosecuting trademark applications, initiating and defending inter partes proceedings before the United States Patent and Trademark Office, reviewing marketing materials and coordinating international protection programs. Mr. McPherson has represented clients at both the trial and appellate level regarding trademark infringement and unfair competition.

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.

Resume

Experience

•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

Selected Publications

•Quoted, 6 PTAB Issues That Came to a Head in 2019, Law360, December 20, 2019
•Quoted, The NFL Has Warned a Local Brewery About its Lamar Jackson Tribute Beer. Here's Why, Baltimore Business Journal, December 6, 2019
•Co-author, Federal Circuit Finds Computer Bingo Patents Invalid as Abstract Ideas, Duane Morris Alert, August 27, 2014

Selected Speaking Engagements

•Panelist, IPR: A Real Threat or Just Fake News, Eastern District of Texas 2017 Bench Bar Conference, Plano, TX, October 5, 2017