Marc J. Pernick

Marc's legal practice focuses on complex commercial litigation, with particular expertise in intellectual property litigation.  He has over 25 years of experience working on technology and commercial matters. 

Marc’s experience spans a broad spectrum of technologies and industries.  He has represented clients in patent litigation concerning smartphones and tablet computers, computer graphic chips, semiconductors, DVRs, e-commerce, document fraud detection, wireless communication, transit system technology, ultrasound contrast agents, DNA microarrays, and water filtration.

Marc’s expertise extends beyond patent litigation.  He has successfully represented clients in several commercial cases as well as trade secret, trademark, trade dress, patent licensing, and copyright disputes.  He has also developed winning strategies for proceedings in the PTO.

Marc has led teams in federal courts throughout the United States, such as the Northern District of California, the Central District of California, the Eastern District of Texas, and the District of Delaware, and in the Superior Courts of San Mateo and Santa Clara.  He has achieved success for his clients in all phases of litigation, including trial, pre- and post-trial motions, summary judgment motions and arguments, Markman briefing and hearings, technology tutorials, expert reports and depositions, pre-suit analysis, depositions, and discovery strategy, and mediation and settlement.  Marc has also argued before the Federal Circuit.

Aside from his work representing clients in court, Marc is also a frequent writer and speaker on patent litigation topics, including patentability for business methods, claim construction, infringement, damages, inequitable conduct, attorneys’ fees, and demand letters.