Marc R. Labgold, Ph.D., MCIArb is a registered U.S. patent attorney with 30 years of experience 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 device, telecom, 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 litigation and courtroom experience provides significant benefit to clients in international commercial arbitration with a proven track record as lead counsel in international arbitration matters and related proceedings in Japan, Hong Kong, Singapore, London and New York, including arbitrations under the UNCITRAL, ICC, HKIAC, ICDR and FAA arbitral rules. His experience includes supporting counsel in set aside and enforcement actions before the Hong Kong and Singapore Courts.
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.
Distinguishing practice highlights include:
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.
Obtained a jury verdict for client (defendant) in a breach of contract suit that was affirmed by the Court of Appeals for the Ninth Circuit, resulting in 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.
Extensive experience in Post-Issuance Proceedings before the USPTO.
Retained expert on various patent law issues.
- Lead counsel in numerous high-stakes international arbitrations, including an ICC arbitration seated in Singapore that resulted in award for client of nearly US$50 million.
- Successfully resisted a number of jurisdictional challenges in arbitrations under ICC, UNCITRAL and HKIAC institutional rules.
- Achieved award of attorneys' fees for client in excess of US$5 million.
- Experience in post-award amendments and corrections.
- 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 application to appeal denial of application for setting aside).
- JD, George Washington University, National Law Center (1995)
- PhD in Chemistry / Molecular Biology, Caltech (1991)
- BA in Chemistry, New York University (1986)
- District of Columbia
- State Bar of Georgia
- United States Patent & Trademark Office (Reg. No. 34,651)
- 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
- AIPLA List of Arbitrators and Mediators
- WIPO Arbitration & Mediation Center's List of Neutrals
Publications & Events
- 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)
Professional Community Involvement
- Faculty, 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)
- American Bar Association (ABA)
- American Intellectual Property Law Association (AIPLA)
- Association Internationale pour la Protection de la Propriété Intellectuelle (AIPPI-US)
- Bali International Arbitration and Mediation Center (BIAMC)
- Chartered Institute of Arbitrators (CIArb)
- Federal Bar Association (FBA)
- International Bar Association (IBA)
- Silicon Valley Arbitration & Mediation Center (SVAMC)
- Patent Litigation
- International Commercial Arbitration
- Unfair Competition Litigation
- International Trade Commission (ITC) Patent Litigation (§ 337 Actions)
- Patent Opinions & Counselling
- Practice before the USPTO