Joseph A. Farco focuses his practice on intellectual property matters, including litigation involving patents, copyrights, trademarks, and trade secrets, as well as prosecution and transactions involving intellectual property.

As a trial patent lawyer, Joe represents patent owners, including inventors, and foreign and domestic companies in United States district courts, the United States Patent and Trademark Office Patent Trial and Appeal Board, and the International Trade Commission. There is no litigation task Joe cannot handle, including drafting pleadings (complaints, answers), arguing pre-trial motions, trial motions, and post-trial motions, engaging in Markman hearings, taking and defending against discovery, including electronic discovery (ESI), depositions, and facilities inspections, and preparing all types of witnesses (expert, non-expert, and third parties) to make a case as favorable to his clients as possible. Joe handles pre-filing due diligence for patent owners on how to best assert their patents and advises on best practices to get infringers to cease and desist. For clients who have been or face infringement concerns, Joe has helped these clients to design around patents and/or found prior art to remove such patents as a concern.  Joe also prepares opinions on which his client could rely if they ever faced a threat of a lawsuit.

Joe makes advance preparation and efficient strategy development his priorities, especially for witnesses who are not native English-speakers and where numerous experts are involved. He has prepared foreign and domestic witnesses and experts for trial.

As a registered patent attorney, Joe practices before the United States Patent and Trademark Office. He counsels clients from all over the world under America Invents Act (AIA) and pre-AIA rules to obtain patent protection in the form of utility and design patents. He has helped clients to obtain patents on their inventions through appeals to the Patent Trial and Appeal Board and been involved in challenges to patent rights under ex parte reexaminations and inter partes review proceedings.

Joe uses his litigation and prosecution experience to provide opinions concerning patentability, non-infringement, and invalidity, to help his clients make well-informed intellectual property decisions for their business or avoid allegations of induced infringement and/or willful infringement of patents.

Prior to his legal career, Joe 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 life-critical Extravehicular Mobility Unit worn by astronauts on space missions to and from the International Space Station.

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  • Cost-Saving Secrets to Streamlining Complex Patent and Trademark Litigation,” Norris McLaughlin, P.A., Webinar, December 16, 2020
  • “The Future Is Served – Understanding the Issues and Risks Involved When Using 3D Printing in Food Manufacturing,” Specialty Food Association, Specialty Food Live! 2020, Webinar, September 24, 2020
  • “Queens Inventor and Entrepreneur Club Meeting,” America’s SBDC, New York, NY, October 15, 2019
  • Represented Canadian manufacturer of appliances in avoiding patent litigation over client’s cleaning devices during cease and desist discussions
  • Represented printing supplies manufacturer in litigation related to toner bottle products
  • Represented technology start-up by responding to cease and desist allegations of patent infringement of website code
  • Represented beverage manufacturer in alleged design patent infringement matter to obtain a settlement
  • Obtained settlement for client in ITC investigation involving film and video motion-picture lighting devices
  • Represented recreational product manufacturer in district court and in ITC against allegations of patent infringement by client’s two-stroke engine technologies and obtaining Markman rulings resulting in summary judgment of non-infringement
  • Obtained summary judgment of invalidity for medical device company against patent directed to blood clotting graft products based on patentee failing to properly claim § 120 priority to the earlier application, which was affirmed by the Federal Circuit
  • Obtained summary judgment of patent non-infringement for medical device company against patent to stent-grafts based on the construction of term placed into asserted claims due to specification and prosecution disclaimer, which was affirmed by the Federal Circuit
  • Obtained summary judgment of non-infringement for automobile manufacturer against patent directed to dual injection technology
  • Obtained cancellation of allegedly infringed patent claims directed to HVAC motors for client manufacturer via inter partes review in the PTAB
  • Obtained cancellation of allegedly infringed patent claims directed to catalytic converter technologies for automobile manufacturer via inter partes review in the PTAB
  • Obtained settlement and denial of a preliminary injunction against a client in alleged misappropriations of trade secrets related to antiballistic fabric technologies
  • Co-author of an amicus brief on the appropriate standard of review for extrinsic evidence findings during district court Markman hearings related to patents on ground-fault interruptor technologies

Joseph A. Farco was selected to the Super Lawyers list 2020 – 2022. The Super Lawyers List is issued by Thompson Reuters. A description of the selection methodology can be found here.

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