Joseph A. Farco is a member of the firm’s intellectual property law group, and has considerable experience in patent litigation, ITC proceedings, and patent prosecution. Mr. Farco has been involved in numerous aspects of the patent trial, including initial settlement discussions, fact and expert discovery, summary judgment, post-hearing briefing, and appeals. He has prepared initial pleadings, discovery motions, Markman briefs and presentations, trial and post-trial motions, and appeals and briefs for rehearing en banc to the United States Court of Appeals for the Federal Circuit. He also has experience in cases involving local patent rules and procedures and is acquainted with ITC practices. Mr. Farco also prosecutes patent applications for large and small corporate clients in a diverse range of technology areas. He engages in a variety of actions before the United States Patent and Trademark Office and the Board of Patent Appeals and Interferences, including Board appeals and ex parte reexaminations. Mr. Farco also provides opinions to clients, including patentability, non-infringement, and invalidity opinions, to assist clients in making well-informed intellectual property decisions for their business.
Mr. Farco has been engaged to provide services to clients in the following technological areas: medical devices and prosthetics, commercial electronic and mechanical products, websites, digital cameras, furniture, home appliances, wireless and other remote-access communication systems, insurance and other business method algorithms, internal combustion engines, and turbo machinery.
Prior to his legal career, Mr. Farco was a project engineer for Hamilton Sundstrand Space Systems where he led a team of engineers to develop mechanical, electrical, and materials test analyses for the Extravehicular Mobility Unit (EMU) utilized by astronauts on space missions. The EMU serves as a critical component of the space suit worn by those traveling to and from the International Space Station.
Education
- J.D./B.C.L., Patent Law Certificate Program, New York Law School, 2008
- M.S., Engineering Management, Stevens Institute of Technology, 2005
- B.E., Mechanical Engineering, Stevens Institute of Technology, 2005
Highest Honors
Bar Admissions
Admitted To Practice
- U.S. Supreme Court
- U.S. District Court for the Eastern District of New York
- U.S. District Court for the Southern District of New York
- U.S. Court of Appeals for the Federal Circuit
- U.S. Patent and Trademark Office
Representative Experience
- In the matter of Certain LED Photographic Lighting Devices and Components Therof, Investigation No. 337-TA-804 (obtained settlement for client in investigation involving film and video motion-picture lighting devices).
- Ledergerber Medical Innovations, LLC v. W.L. Gore & Associates, Inc., 736 F. Supp. 2d 1172 (N.D. Ill. 2010), aff’d, App. No. 2011-1379, (Fed. Cir. Jan. 13, 2012) (per curiam) (Judgment and affirmance of judgment for client W.L. Gore & Associates, Inc. invalidating all claims of asserted patent).
- Edward Lifesciences v. Cook Incorporated and W.L. Gore & Associates, 582 F.3d 1322 (Fed. Cir. 2009) (Associate on brief for appellee, W.L. Gore & Associates, Inc.)
- Kawasaki Heavy Industries, Ltd. v. Bombardier Recreational Prods., Inc. Civ. No. 5:06-CV-00222-DF, 2009 U.S. Dist. LEXIS 96066 (E.D. Tex., Sept. 16, 2009) (Associate on brief for defendant, Bombardier Recreational Products, Inc.).
- General Protecht Group, Inc. v. International Trade Commission, Appeal No. 2009-1378, -1387, -1434 (Fed. Cir. Nov. 8, 2010) (Co-author of Brief of the American Intellectual Property Law Association as Amicus Curiae Supporting Rehearing En Banc Limited to the Appropriate Standard of Review).
Publications & Presentations
- Speaker, “Patent Prosecution Conflicts of Interest for New York Patent Attorneys,” NYIPLA Annual Meeting CLE, New York (March 22, 2012)
- Speaker, “Joint Infringement and Indirect Infringement Under McKesson,” American Conference Institute Advanced Summit on Medical Device Patents, Boston (February 29, 2012)
- Speaker, 27th Annual NYIPLA Joint Patent Practice Seminar CLE, New York (April 27, 2011)
- Author, “Wyers v. Master Lock Company - Avoiding Being Blind-Sided By Supreme Court Precedent,” 27th Annual NYIPLA Joint Patent Practice Seminar CLE Program Materials (April 27, 2011)
- Author, The Written Description Doctrine, A Claim Construction Doctrine: Conflicting Claim Support Determinations Under Phillips and Ariad (August 12, 2010). Available at SSRN: http://ssrn.com/abstract=1657875.
- Co-Author, “Patent False-Marking - A Per Se Patent Misuse,” NYIPLA Bulletin, pp. 1, 3-6 (June/July 2010)
- Speaker, 26th Annual NYIPLA Joint Patent Practice Seminar CLE, New York (April 29, 2010)
- Author, “The Controversies Of The Patent False-Marking Statute: Per Article Penalties And Qui Tam Plaintiffs,” 26th Annual NYIPLA Joint Patent Practice Seminar CLE Program Materials (April 29, 2010)
- Author, “The Fight Against False-Markers, The Real ‘Marking Trolls,’” NYIPLA Bulletin, pp. 1, 6-8 (December 2009/January 2010)
- Author, “Inventor Notebooks in Patent Proceedings,” Law Journal Newsletter — Patent Strategy and Management, Vol. 6, No. 16 (September 2006)
Professional History
- Associate, Locke Lord LLP
- Associate, Morgan & Finnegan
- Law Clerk/Patent Agent, Fay, Kaplun & Marcin LLP
- Project Engineer, Hamilton Sundstrand Space Systems
Professional Affiliations & Achievements
- Named, Rising Star for Intellectual Property Law by Super Lawyers, 2012
- Member, Tau Beta Pi, National Engineering Honor Society
- Member, Pi Tau Sigma, National Mechanical Engineering Honor Society
- Academic Achievement Award – American Society of Mechanical Engineers
- Member, American Intellectual Property Law Association
- Member, New York Intellectual Property Law Association
- Member, New York County Lawyers' Association
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