James P. Murphy
Partner
Post Grant Law/Patent Reexamination Practice Associate Chair
San Francisco Office
James P. Murphy is an Associate Chair of the firm's Post Grant Law/Patent Reexamination Practice Group and is also a member of the Litigation Practice. He is also the Associate Administrative Partner of the firm's San Francisco office. Mr. Murphy has significant experience in patent prosecution, reexamination and litigation and has worked closely with both in-house as well as outside counsel to develop the most effective strategies relating to obtaining patents, licensing negotiations and asserting or defending patents in litigation. The technical areas Mr. Murphy’s work has covered include telecommunications, semiconductors, software user interface designs, multi-media distribution, computer networks and others.
Mr. Murphy’s reexamination practice now focuses primarily on patents involved in complex high value litigation in front of both U.S. District Courts as well as the International Trade Commission (ITC). The reexaminations prepared by Mr. Murphy have been used by clients to drive pre-trial settlements, invalidate asserted claims, fortify non-infringement positions, and to facilitate grant of stay motions.
Mr. Murphy is a co-founder of the firm’s venture practice group that opens up legal services to promising new start-ups unable to afford traditional legal services. In this role, Mr. Murphy counsels start-up companies on business planning including intellectual property strategy from seed funding through Series A and beyond.
Publications and Speeches
Co-Author. "An Upward Trajectory, the Meteoric Rise in Reexamination Filings." Managing Intellectual Property Americas Focus. September 2011.
Co-Author. 'Ride the Reexamination Train," Managing Intellectual Property Americas Focus. October 2009.
Co-Author. "An Overview & Primer on the New Rules; The Caution Light at the Intersection of Prosecution & Litigation in the 21st Century," The Sedona Conference, 2007.
Highlights
Visto v. Research in Motion
Mr. Murphy participated in the Novak Druce team that successfully sought reexamination of various members of Visto, Inc.’s patent portfolio, resulting in stays pending reexamination in the Northern District of California and Eastern District of Texas.
Personal Audio, LLC v. Apple, Inc. et al., No. 9:09-cv-lll (E.D. TX) – See e.g., Reexamination No. 95/001,295
Nomadix, Inc., v. Hewlett-Packard Company et al., No. 2:09-cv-08441 (C.D. Cal) - Reexamination No. 95/001,831
Fractus, S.A., v. Samsung Electronics Co., Ltd. Et al., No. 6:09-cv-00203 (E.D. TX) – See e.g., Reexamination No. 95/001,483
Practice Areas
Admissions
- U.S. Patent and Trademark Office
- Texas
- California
Education
- South Texas College of Law, J.D. (cum laude)
- University of Texas at Austin, B.S.E.E.
- University of Oxford, Hertford College, Said Business School, M.B.A (expected 2012)
Professional Affiliations
- American Bar Association
- American Intellectual Property Law Association