• Marcus A. Colucci represents clients in complex patent and general commercial litigation in courts across the country, as well as in the licensing of intellectual property rights. Marcus represents both patent owners seeking to enforce their rights and companies defending against allegations of patent infringement. He has litigated disputes related to a diverse array of technologies, including pharmaceuticals, medical devices, nutraceuticals, telecommunications systems, smartphones, network security systems, satellite radio systems and GPS.

    Marcus has firsthand experience in all aspects of litigation, including jury trials, bench trials, oral argument, the taking and defense of fact and expert depositions, the preparation of dispositive motions, patent claim construction, case management, discovery, settlement negotiations, and licensing. His litigation work includes actions in the District of New Jersey, District of Delaware, Eastern District of Texas, Eastern District of Virginia, Eastern and Southern Districts of New York, District of Nebraska, District of Arkansas, and the U.S. Court of Appeals for the Federal Circuit.

    Marcus also counsels leading biopharmaceutical companies on litigation strategy, biosimilar competition and development of patent portfolios, including patents relating to the manufacture and purification of biologics. 

    Marcus is a member of the firm’s Attorneys of Color Affinity Group.

    Experience

    • Successfully represented Sirius XM Radio Inc. in a patent infringement suit regarding certain technology related to satellite communication networks.

    • Representing a leading pharmaceutical company in multiple litigations under the Hatch-Waxman Act involving patents covering pharmaceutical compositions, crystal forms, methods of treatments, and formulations.

    • Represented Merck in a bench trial against Xellia Pharmaceuticals, obtaining a judgment of infringement of a patent relating to Merck’s Cancidas antifungal drug

    • Represented a patentee against generic drug manufacturers that “launched at risk,” obtaining a temporary restraining order.

    • Representing a company that pioneered digital imaging technology used in medical devices, smartphones and similar industrial applications.

    • Representing Prism Technologies in a patent infringement action involving access control for wireless networks.

    • Defended a medical device manufacturer in a patent infringement action involving tissue anchors, resulting in a favorable settlement.

    • Defended Volkswagen Group of America in a patent infringement action involving vehicle navigation systems.

    • Defended TS Tech USA Corp. in patent infringement litigation involving active headrest technology for automobiles, in an action that was transferred from the Eastern District of Texas to the Southern District of Ohio after filing a writ of mandamus.

    • Defended Savient Pharmaceuticals from a breach of contract claim regarding ownership of patents and multimillion-dollar damages.

    • Represented WABCO Automotive Control Systems in a patent infringement action against a major competitor regarding air compressors, involving simultaneous ex parte re-examination and litigation proceedings.

    • Defended Sirius Satellite Radio in a patent infringement action involving transmission of radio display data (e.g., song title, artist), resulting in the plaintiff dropping the case with prejudice.

    • Defended Sirius Satellite Radio in a patent infringement action relating to the integration of traffic data with GS navigation systems, resulting in a favorable settlement.

    • Defended Sirius XM Radio Inc. in a patent infringement action involving over-the-air activation and encryption technology.

    • Defended Rapid Filing Services, a startup internet-based tax preparation company, in an action based on theft of trade secrets, and obtained an award of costs and dismissal of all claims.

    Credentials

    Education

    • J.D., Northwestern University School of Law, 2002
    • B.A., Biology, summa cum laude, Manhattanville College, 1997

    Bar Admissions

    • New York, 2003

    Court Admissions

    • U.S.C.A., Federal Circuit
    • U.S.D.C., Eastern District of New York
    • U.S.D.C., Southern District of New York
    • U.S.D.C., District of Colorado