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Marc R Labgold, PhD, JD, MCIArb, FBiam, FPD is a registered U.S. patent attorney, international arbitrator and international commercial arbitration counsel/advocate.  He has over 30 years of experience as counsel specializing in patent litigation and international commercial arbitration. His clients are recognized leaders in their respective industries – including biotech, chemical, pharmaceutical, in vitro diagnostics, medical devices, gaming and gaming technologies, consumer electronics and semiconductors. 

Dr Labgold is an accomplished trial attorney with extensive international experience in complex litigation involving patent infringement, theft of trade secrets, unfair competition, and breach of contract.  He has handled more than 60 patent cases, including both bench and jury trials in Federal District Courts throughout the United States, appellate arguments before the Court of Appeals for the Federal Circuit and the Ninth Circuit, as well as practice before the U.S. International Trade Commission. Dr Labgold's patent practice also includes a broad range of patent opinion work (e.g., non-infringement, invalidity, unenforceability, freedom-to-operate, etc.), reexamination proceedings, and inter partes reviews (IPR) and licensing.

Dr Labgold's litigation and courtroom experience provides significant benefit to clients in international commercial arbitration.  He has developed a proven track record as lead counsel in international arbitration and has achieved awards as high as US$475,000,000 for his clients. He regularly serves as counsel in arbitration proceedings in Japan, Hong Kong, Singapore, London, and New York, including arbitrations under various arbitral rules (e.g., UNCITRAL, ICC, HKIAC, FAA, ad hoc), under both civil and common law, and involving a wide range of agreements (e.g., OEM agreements, EPC contracts, industrial construction contracts, distribution agreements, license agreements, joint development agreements, research agreements).  His experience includes supporting counsel in set aside and enforcement actions before the Hong Kong and Singapore Courts.

In addition to serving as arbitration counsel, Dr Labgold is an independent international commercial arbitrator.  He is listed as a panelist on the ICDR Panel of Arbitrators, AIAC Panel of Arbitrators, THAC Panel of Arbitrators, WIPO List of Neutrals, and AIPLA List of Arbitrators and Mediators.  He is a Member (MCIArb) of the Chartered Institute of Arbitrators, a Fellow (FBiam) of the Bali International Arbitration and Mediation Center and a Fellow (FPD) of Prime Dispute.  Dr Labgold has experience and expertise in the arbitration of disputes involving patents, trademarks, copyrights, and misappropriation of trade secrets, as both counsel and as arbitrator.  

He is actively involved in the international arbitration community.  He is an Adjunct Professor of Law at Florida International University College of Law (FIU Law) and serves as a Coach of FIU Law's Willem C. Vis International Commercial Arbitration Moot Team.    

Distinguishing practice highlights include:

Litigation Counsel

• 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 enforceability.

Arbitration Counsel

• 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 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
• 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

• 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 Disputes (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

Professional Community Involvement

• Adjunct Professor, International Arbitration, FIU Law
• Guest Lecturer, Transnational Representation & Advocacy, FIU Law
• Coach, FIU Law's Willem C. Vis International Commercial Arbitration Moot Team
• Faculty, International Arbitration CLE, Lawline (New York)
• 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