Fabio Marino is an experienced intellectual property trial lawyer that focuses his practice on high-stakes patent, trade secrets, and copyright cases across the United States, with an emphasis on computer-related technologies and arguing appeals at the Federal Circuit. He has experience in a variety of technologies including, computer networks, telecommunications, software engineering, e-commerce, internet-related technologies, computer architecture, digital circuit design, flash memory, DRAMs, parallel computing, 3-D graphics and animation, medical imaging, and artificial intelligence.
Prior to beginning his legal career, Fabio worked as a software architect. He currently teaches an Intellectual Property Litigation class at Santa Clara University’s School of Law and coaches University of California-Berkeley teams in the Giles S. Rich Patent Moot Court Competition.
Representative Experience
Any result the lawyer or law firm may have achieved on behalf of clients in other matters does not necessarily indicate similar results can be obtained for other clients.
- Represented DAG Ammo in a trade secret misappropriation case against KM Trade, a direct competitor of DAG based in Bosnia, and its principals. The case settled favorably after DAG filed a preliminary injunction motion to enjoin KM Trade’s continued use of DAG Ammo’s confidential business information.
- Represented Lonati, a leading manufacturer of industrial knitting machines, against Yexiao and its US based distributors in parallel patent infringement actions in the Western District of North Carolina and the Central District of California. The Courts have entered final judgment and permanent injunctions against Yexiao distributors.
- Represented Mr. Hunt, the developer of a tweak used with popular games such as Niantic’s Pokemon Go, in this copyright infringement case. The case settled favorably.
- Represented Radware against F5 in a patent infringement action involving four patents on computer networking technologies before Judge Jones in the Western District of Washington. The case settled favorably.
- Represented MLC against Micron in a patent infringement action involving a patent on flash memory technology before Judge Illston in the Northern District of California and before the Federal Circuit.
- Represented Golf Best Buy against Golf Taylor in a copyright and patent infringement action involving golf club designs before Judge Beeler in the Northern District of California. The case settled favorably.
- Represented Diablo against Netlist in a patent infringement action involving five patents on double data rate dual in-line memory module (DDR DIMM) technology before Judge Gonzales-Rogers in the Northern District of California.
- Represented Radware in a patent infringement action involving seven patents on computer networking technologies before Judge Whyte in the Northern District of California. After a three-week trial the jury returned a unanimous verdict for Radware and determined that F5’s infringement of Radware’s patents was willful. After trial, the Court entered judgment in favor of Radware for $6.9M and issued a permanent injunction against F5. F5’s patent and trade libel counterclaims were dismissed with prejudice before trial and F5 accepted Radware’s offer for judgment in the amount of $40,000 on its claim that Radware violated a patent license with F5.
- Represented Radware in a patent infringement action involving three patents on computer networking technologies before Judge Whyte in the Northern District of California; the case settled favorably after the court construed the claims and denied A10’s summary judgment motions of non-infringement and invalidity.
- Represented Diablo against allegations of trade secrets, breach of contract and trademark infringement by Netlist in a case argued before Judge Gonzales-Rogers in the Northern District of California and involving 15 trade secrets regarding double data rate dual in-line memory module (DDR DIMM) technology and related breach of contract and trademark allegations; rather than awarding Netlist the $6.5 million in damages it had sought, the jury awarded nominal damages of $2 on the Lanham Act claims; the court subsequently lifted a ban on Diablo's sale of chips used in data storage products from SanDisk, IBM and others, saying the injunction was not justified.
- Represented Brocade in a patent, copyright and trade secret infringement action that involved thirteen patents on load balancing and high-availability of networking devices, as well as trade secrets and copyright claims before Judge Grewal in the Northern District of California; after a three-week trial, the jury returned a unanimous verdict awarding Brocade $112 million in compensatory, as well as punitive, damages against A10 and its CEO, Lee Chen and, after trial, the court issued permanent injunctions barring A10 from making, using or selling devices that infringed Brocade’s patents and trade secrets.
- Jointly defended Brocade, Citrix and Barracuda in a patent infringement case involving three patents on computer networking technologies before Judge Stark in the District of Delaware; the case was dismissed with prejudice against all three clients before claim construction.
- Defended Foundry and Brocade in a patent infringement case involving six patents on virtual local areas networks (VLANs) and related technologies brought by Enterasys before Judge Woodlock in the District of Massachusetts. The case settled favorably.
Professional and Civic Activities
- American Bar Association
- Bay Area Intellectual Property Inn of Court
- Master, 2002-present
- Santa Clara University's High-Tech Law Institute
- Board of Advisors, 2002-present
- Institute of Electrical and Electronics Engineers, 1990-present
- State Bar of California
Honors and Awards
- Recognized in The Best Lawyers in America (BL Rankings) for Litigation - Intellectual Property, 2016-2022
- The Legal 500, 2017
- Super Lawyers Honoree, Northern California Super Lawyers magazine (Thomson Reuters) for Intellectual Property Litigation, 2004, 2010-2021
- Named an IP Star by Managing Intellectual Property, 2017-2022
- Named to 2017-2021 IAM Patent 1000 - The World's Leading Patent Practitioners, Intellectual Asset Management Magazine
- Selected for inclusion in "Top 75 IP Litigators" by The Daily Journal, 2013-2014, 2019-2020
- "Top IP Verdict Trial Victory for Brocade Communications" by The Recorder and The Daily Journal, 2012
- Selected for inclusion in “Top Trade Secrets Lawyers” by The Daily Journal, 2019-2021
