is a Counsel with Venable‘s Intellectual Property Litigation Practice Group. He has litigated all aspects of patent cases, from inception through trial, in U.S. district courts and before the U.S. International Trade Commission. This has included trying a patent case to jury verdict, including conducting direct, cross-examination, and redirect of technical expert witnesses, as well as arguing motions for judgment as a matter of law and admission of evidence. Mr. MacArthur has further argued claim construction and discovery hearings; taken and defended depositions; drafted dispositive motions and claim construction briefs; and analyzed C++ and Java source code to enforce and defend intellectual property rights. The patent cases have involved technologies, such as computer telephony, computer switches, LEDs, unified messaging, and paper manufacturing and coating. Mr. MacArthur also has experience in litigations involving Lanham Act and trademark matters and intellectual property due diligence for corporate transactions.
Damages discovery in patent cases is usually contentious, expensive, and non-uniform in application by the courts. The patent owner, on one hand, wants to discover all possible revenue streams for settlement and resource allocation. The accused infringer, on the other hand, wants to minimize disclosure, because of the sensitivity of financial information and the belief that the suit is meritless. And the courts are caught in the middle. Compounding these issues, fulsome damages contentions typically are not defined until expert reports are presented, meaning the parties (and the court through a Daubert motion) will not know whether there is sufficient basis for the damages sought until late in a case.