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

Dr. Labgold is a trial lawyer with experience in complex disputes involving patent infringement, trade secrets, unfair competition, and contract claims. He has handled more than 60 patent infringement matters, including bench and jury trials in federal district courts across the United States. He regularly represents clients in appeals before the Court of Appeals for the Federal Circuit, as well as the Ninth and Second Circuits, and in proceedings before the U.S. International Trade Commission.

Dr. Labgold represents clients in high-value international arbitrations and related proceedings. He has acted as lead counsel in complex disputes seated across major arbitral centers 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 a range of institutional and ad hoc rules, including UNCITRAL, ICC, HKIAC, and the FAA. He works across both civil and common law frameworks and advises on disputes arising from OEM agreements, EPC and industrial construction contracts, distribution and licensing arrangements, 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.

He is listed as a panelist on the ICDR Panel of Arbitrators, List of Neutrals of the Patent Mediation and Arbitration Centre for the Unified Patent Court (PMAC), 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 an 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.  He serves annually as a volunteer arbitrator for the Willem C. Vis International Commercial Arbitration Moot, including the general and elimination rounds.

His practice also includes patent advisory and post-grant work, including non-infringement, invalidity, and freedom-to-operate analyses, as well as reexaminations, inter partes reviews, and licensing matters.

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 patent enforceability / inequitable conduct.

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 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

Professional Community 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