Stephen J. Driscoll
Stephen Driscoll is a partner in the Intellectual Property & Technology Group, and concentrates his practice in IP litigation, counseling and procurement.
Stephen has first-chaired numerous patent infringement and Lanham Act cases, representing both plaintiffs and defendants. He is experienced in complex case management, discovery/deposition practice, dispositive motions, temporary restraining orders (TROs), Markman hearings, pretrial motion practice, jury trials, CAFC appellate practice and ADR/settlement negotiations. Recently, he served as lead counsel for the plaintiff in a patent infringement suit in which a jury verdict of willful infringement was returned for his client, leading to the court’s award of attorney fees. He also recently served as lead counsel in a trademark infringement case under the Lanham Act, initially defending his client against a TRO motion, and then turning the tables on the plaintiff and obtaining a TRO and preliminary injunction against the plaintiff based on the same mark. Mr. Driscoll has been successful in managing patent licensing campaigns, filing lawsuits in support where appropriate.
Stephen is licensed before the U.S. Patent and Trademark Office and represents clients in the procurement of IP, drafting and prosecuting hundreds of patent applications in various technologies including chemical, fiber optics, software/computer, telecommunications and mechanical/medical devices. His prosecution experience includes preparing applications, replies, affidavit/declarations, conducting examiner interviews, developing continuing application and foreign prosecution strategies, and arguing successfully before the Board of Patent Appeals and Interferences.
He is also experienced in post-issuance proceedings including reissue, reexamination and interference proceedings. In particular, Stephen has experience with the Standing Order, which governs post-issuance proceedings such as interferences, post-grant review and inter partes review.
Stephen has experience in leveraging his clients’ IP to generate revenue and enhance competiveness. On numerous occasions, he has identified underutilized patents of his clients, prospected potential licensees and negotiated agreements. In "license in" situations, he has used his clients' IP to induce more favorable terms through cross licensing.
He also routinely counsels clients on patentability, infringement, validity and freedom to operate issues. He has performed numerous due diligence studies, involving analysis of large patent portfolios to determine their strength and validity, evaluation of competitive products, and assessment of design-around potential.
As a member of the advisory committee of the Pennsylvania Bar Institute, Stephen often lectures on a variety of subjects ranging from Best Practices in Establishing and Maintaining Privilege in Litigation to Strategies in Inter Partes Review
Prior to law school, Stephen was an engineer for Reliance Electric Company. Immediately prior to joining Saul Ewing, he was a Partner at Synnestvedt & Lechner LLP.
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