Patrick Colsher is a senior associate in the Litigation practice, focusing on intellectual property and other complex commercial 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, trade secret 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 trials before the US Patent & Trademark Office, acting as lead counsel for both petitioners and patent owners in dozens of trials.
- Represent Nichia, the world’s largest LED manufacturer, in a five-patent district court case and as lead counsel in inter partes review trials stemming therefrom. Achieved pre-institution stay of district court case. IPRs led to final written decisions finding unpatentable all claims asserted in district court. The plaintiff did not appeal as to three of the patents; one final written decision was upheld on appeal by the Federal Circuit; and one appeal remains pending.
- Represent LED manufacturers Nichia and OSRAM at the ITC and as lead counsel in multiple inter partes reviews over LED-package technology that threatened to exclude from the United States a substantial portion of the companies’ products. All asserted claims found not infringed, not supportive of a technical domestic industry, and/or invalid before the ITC. The IPRs further led to all asserted claims of one patent being found unpatentable in a final written decision and forced the patent owner to take claim-construction positions that led to non-infringement findings at the ITC.
- Lead counsel to Robert Bosch as patent owner in multiple inter partes review trials 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 trial over patented streaming media technology. Federal Circuit ultimately held invalid all asserted patent claims challenged at the Patent Office.
- Represent Bright Pattern in a five-patent competitor case involving call center technology. Successfully achieved dismissal of the case following the Court’s indication that it would grant motion to dismiss on all five patents on Section 101 grounds.
- 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.
- Represent DENSO in district court over patented semiconductor technology. After demonstrating non-infringement, the plaintiff voluntarily dismissed its case.
- Lead counsel for various trademark owners in trademark oppositions before the Trademark Trial & Appeal Board.
- Seconded attorney for two years at a major automotive company, working with in-house team to manage patent litigations and intellectual property transactions.
- Pro bono representation of clients seeking asylum and special immigration juvenile status.
New York Law School
J.D., cum laude
- Senior Editor, Law Review
- John Marshall Harlan Scholar
B.S.E., Electrical Engineering
B.S.E., Biomedical Engineering
- Registered Patent Attorney, United States Patent and Trademark Office
- United States District Court for the Central District of California
- United States District Court for the Northern District of California
- 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