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Marc R. Labgold, Ph.D. is a registered U.S. patent attorney who serves as arbitrator, arbitration counsel, and patent litigation counsel. He has more than 35 years of experience in patent litigation and international commercial arbitration and represents leading companies across the biotechnology, chemical, pharmaceutical, in vitro diagnostics, medical device, gaming, consumer electronics, and semiconductor sectors.  

His practice is distinguished by a combination of deep technical expertise, extensive trial experience, and substantial experience in international arbitration.  Few practitioners combine a Ph.D.-level scientific background with decades of combined experience as patent litigation counsel, international arbitration counsel, and arbitrator. This combination enables him to effectively represent clients in some of the most technically complex and commercially significant disputes facing global businesses today. 

Dr. Labgold is a trial lawyer who handles complex disputes involving patent infringement, trade secrets, unfair competition, and contract claims. He has acted as lead counsel in more than 60 patent infringement matters, including bench and jury trials in federal courts across the United States, and regularly represents clients in appeals before the Court of Appeals for the Federal Circuit. His patent practice also includes advisory and post-grant work, including non-infringement, invalidity, and freedom-to-operate analyses, as well as post-grant proceedings.

He represents clients in high-value international arbitrations and has secured awards of up to US$475 million. His experience includes arbitrations seated in Tokyo, Hong Kong, Singapore, London, and New York, under varied institutional rules, including UNCITRAL, ICC, HKIAC, FAA, as well as ad hoc proceedings.  He works across civil and common law frameworks in disputes arising from OEM agreements, EPC and industrial construction contracts, distribution and supply contracts. licensing agreements, and joint development and research agreements. He also has experience in post-award proceedings, including set-aside and enforcement actions in Hong Kong, Singapore, Tokyo, New York, and Frankfurt.

Dr. Labgold serves on a number of international arbitration panels, including the ICDR Panel of Arbitrators, the List of Neutrals for the Unified Patent Court's Patent Mediation and Arbitration Centre (PMAC), the WIPO List of Neutrals, the AIPLA List of Arbitrators and Mediators, and the AIAC and THAC Panels of Arbitrators. He is a Member of the Chartered Institute of Arbitrators (MCIArb), a Fellow of the Bali International Arbitration and Mediation Center (FBIAM), and a Fellow of Prime Dispute (FPD).

He is active in the international arbitration community and is an Adjunct Professor of Law at Florida International University College of Law, where he also coaches the Willem C. Vis International Commercial Arbitration Moot Team. He regularly speaks at law schools as a guest lecturer on international and patent arbitration, serves as CLE faculty for arbitration-related topics.  

Dr. Labgold is recognized as a leading practitioner and author at the niche intersection of international arbitration and patent law. Drawing on decades of experience as patent trial counsel, arbitration counsel, and arbitrator, he writes and teaches on the arbitration of complex patent and technology disputes. His work has been cited in international scholarship, practitioner authorities, and institutional research, including publications addressing patent arbitrability and standard-essential-patent disputes.

Distinguishing Practice Highlights 

Litigation

• Lead counsel in more than 60 patent infringement cases for both domestic and foreign clients, including several landmark cases, jury trials, and cases before the ITC.

• Lead counsel in breach of contract case that resulted in a jury verdict for client (defendant), affirmance by the Court of Appeals for the Ninth Circuit, and obtained an award of attorneys' fees for client in excess of US$4 million.

• Lead counsel in numerous appellate matters before the Court of Appeals for the Federal Circuit.

• Successfully opposed petition for certiorari before the United States Supreme Court.

• Extensive experience in Post-Issuance Proceedings before the USPTO.

• Retained expert on the issue of patent enforceability / inequitable conduct.

Arbitration

• Sole arbitrator in an arbitration involving patent infringement and patent invalidity.

• Sole arbitrator in an arbitration involving misappropriation of trade secrets.

• Lead counsel in an international commercial arbitration seated in Hong Kong and conducted under the UNCITRAL Arbitration Rules that resulted in an award for client in excess of US$475,000,000.

• Lead counsel in an ICC arbitration seated in Singapore that resulted in an award for client of ~US$70,000,000.

• Lead counsel in an ICC arbitration seated in Tokyo that resulted in an award for client of ~US$45,000,000.

• Lead counsel in an ICC arbitration seated in New York that resulted in an award for client of ~US$23,000,000.

• Successfully resisted numerous jurisdictional challenges in arbitrations under ICC, UNCITRAL, and HKIAC institutional rules.

• Achieved award of attorneys' fees for clients, including amounts exceeding US$5 million.

• Experience in post-award amendments, corrections, and additional awards.

• Supported and instructed counsel in post-award proceedings before the Singapore High Court (successfully pursued an application for partial set aside of the arbitral award on grounds including breach of natural justice and excess jurisdiction). 

• Supported and instructed counsel in post-award proceedings before the Hong Kong High Court (successfully resisted an application to set aside and stay enforcement of the arbitral award; successfully resisted an application to appeal denial of an application for setting aside). 

Education

• JD, George Washington University, National Law Center (1995)
• PhD in Chemistry / Molecular Biology, Caltech (1991)
• BA in Chemistry, New York University (1986)

Bar Admissions

• District of Columbia
• State Bar of Georgia
• United States Patent & Trademark Office (Reg. No. 34,651)

Court Admissions

• United States Supreme Court
• Court of Appeals for the Federal Circuit
• Court of Appeals for the Ninth Circuit
• DC Court of Appeals
• U.S. District Court for the Eastern District of Texas
• U.S. District Court for the Northern District of Georgia
• U.S. District Court for the District of Colorado
• U.S. District Court for the District of Maryland

Arbitration Panels

• AIAC Panel of Arbitrators
• AIPLA List of Arbitrators and Mediators
• ICDR Panel of Arbitrators
• PMAC List of Neutrals
• THAC Panel of Arbitrators
• WIPO Panel of Neutrals

Accreditations

• Member (MCIArb), Chartered Institute of Arbitrators
• Fellow (FBiam), Bali International Arbitration and Mediation Center
• Fellow (FPD), Prime Dispute

Publications & Events

• Panelist, “International Arbitration Round Table” (3rd ed), Prime Dispute (2025)
• Co-author, “Arbitration Tech Toolbox: ICC Case Connect – A User Perspective” (2023) Kluwer Arbitration Blog, 
  https://arbitrationblog.kluwerarbitration.com/2023/02/21/arbitration-tech-toolbox-icc-case-connect-a-user-perspective/
• Panelist, “International Arbitration Round Table” (2nd ed), Prime Dispute (2023)
• Co-author, “Should I Arbitrate My Patent Dispute?” (2022) Kluwer Arbitration Blog, http://arbitrationblog.kluwerarbitration.com/2022/11/29/should-i-arbitrate-my-patent-dispute/
• Co-author, “Comparison in Practice between 'Japanese' Arbitration and Foreign Arbitration”, Japan Commercial Arbitration Journal, Vol 3, 18-30 [2022]
  
• Co-author, “Hong Kong Court Looks at 'Choice of Remedies' Doctrine and Power to Correct Awards” , Global Arbitration Review, 9 December 2020
• Co-author, “Authority To Order A Remote Hearing Over A Party Objection: A Model Law Perspective” , World Arbitration and Mediation (WAMR) 2019, Vol. 13, No. 1 (published December 2020)

Patents

• US 11,307,201 B2 - Self-Actuating Signal Producing Detection Devices and Methods
• US 11,385,226 B2 - Self-Actuating Signal Producing Detection Devices and Methods

Arbitration Professional Involvement

• Adjunct Professor, International Arbitration, FIU Law
• Coach, FIU Law's Willem C. Vis International Commercial Arbitration Moot Team
• Faculty, International Arbitration CLE, Lawline (New York)
• Guest Lecturer, Transnational Representation & Advocacy, FIU Law
• Guest Lecturer, Patent Arbitration, University of Akron School of Law
• Invited Speaker, Int'l Arbitration, Antonin Scalia Law School, George Mason Univ.
• Arbitrator, Annual Willem C. Vis International Commercial Arbitration Moot (Vienna)
• Arbitrator, Annual Willem C. Vis East International Commercial Arbitration Moot (Hong Kong)

Memberships

• Silicon Valley Arbitration & Mediation Center (SVAMC)
• American Bar Association (ABA)
• American Intellectual Property Law Association (AIPLA)
• Association Internationale pour la Protection de la Propriété Intellectuelle (AIPPI-US)
• Federal Bar Association (FBA)
• International Bar Association (IBA)
• Moot Alumni Association (MAA)

Practice Areas

• Patent Litigation
• International Commercial Arbitration
• Patent and IP Arbitration
• Life Sciences Litigation and Arbitration
• International Trade Commission (ITC) Patent Litigation (§ 337 Actions)
• Patent Opinions & Counselling
• Practice before the USPTO
• Unfair Competition Litigation and Arbitration