Barclay Damon
Barclay Damon

Marc N. Henschke

Marc N. Henschke

Partner

p: 617-274-2996

f: 212-784-5773

icon_email mhenschke@barclaydamon.com
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Boston Office

One Financial Center
Suite 1701
Boston, Massachusetts 02111

Marc Henschke is a patent trial attorney and a partner in our Intellectually Property Litigation Practice Area. Having extensive first-chair experience in jury trials and Markman claim construction hearings, Marc has litigated patent infringement cases relating to a wide variety of products and technologies, including wireless modules and systems for IOT applications, network switches and routers, computer hardware and software, medical lasers, high-speed data cables, e-commerce applications, business methods, surgical screws, LCD displays, LANs and VLANs, laptop computers, cell phones, digital still cameras, video cameras, PDA devices, and radar detectors.

Marc is well versed in strategies for coordinating the interplay between patent litigations and Inter Partes Review proceedings filed with the PTAB.

Marc has also litigated numerous other types of commercial litigation cases in a variety of jurisdictions, including antitrust violations, trademark and copyright infringement, business torts, commercial contracts, trade secrets, non-competes, defamation, insurance coverage, technology licensing, professional malpractice, personal injury, and securities fraud. 

Marc has had significant past involvement with evaluating, structuring, and implementing alternative fee arrangements for commercial and intellectual property litigation cases.  

Representative Experience

Patent Infringement Cases:

  • MZM Solutions v. Sierra Wireless, et al (D. Del.). Served as lead trial counsel for patent owner in eight cases asserting a seminal "Internet of Things" patent family in the wireless space. Coordinated the client's defense against related IPR proceedings.
  • Flashpoint Technology Digital Camera Cases (D. Del.). Represented one of the world’s largest retailers in multiple consolidated cases involving over 30 defendants and 10 patents directed to digital camera technologies.
  • Belden v. Superior Essex (D. Del.). Secured a summary judgment of infringement, and a jury trial verdict of validity, for several Belden patents directed to high-speed data communications cables technologies.
  • Candela Corp. v. Palomar Medical Technologies, Inc. (E.D. Tex.). Member of the defense team that secured a jury verdict of non-infringement and invalidity on behalf of client Palomar as to all asserted patent claims directed to aesthetic medical laser products.
  • Honeywell Inc. v. Apple Computer, et al. (D. Del). Represented Honeywell in litigation asserting a liquid crystal display ("LCD") related patent against a wide variety of consumer electronics products.
  • Tulip Computers Int’l v. Dell Computer Corp. (D. Del). Member of trial team that secured a $49.5 million settlement on behalf of client Tulip after one week of jury trial against Dell on a patent involving computer motherboard technology.
  • Cincinnati Microwave, Inc. v. Whistler Corp. and Acterna Corp. (S.D. Ohio). Briefed and argued a summary judgment motion that resulted in dismissal of a $220 million patent infringement claim against clients Whistler and Acterna.
  • Cozza v. McAfee, Inc. (D. Mass). Represented the named inventor on antiviral scanning software patents in a case involving licensing and trade secret disputes with industry market leader. Resulted in a confidential settlement on eve of trial.
  • Acromed Corp. v. Medtronic, Inc. (D. Mass). Drafted summary judgment motions resulting in a non-infringement ruling for client Medtronic with respect to over $75 million in accused surgical screw products.

Securities Fraud and Financial Cases:

  • Securities and Exchange Commission v. Alan C. Goldsworthy, et al., (D. Mass.). Served as first-chair trial counsel in defending former CFO of Applix, Inc. in an SEC civil enforcement action alleging premature revenue recognition on two software licensing transactions in violation of GAAP. Obtained a summary judgment dismissal as to the first transaction prior to trial. After a five-week jury trial on the second transaction, secured a defense verdict of no liability for CFO as to all scienter-based securities fraud claims, including claims under Rule 10b-5, Section 17(a)(1), Rule 13b2-2 (knowingly misleading outside auditors), Rule 13b-5 (knowingly violating internal accounting controls), and all aiding and abetting counts. Chairman of SEC had announced this as the initial "test case" under its new policy guidelines regarding when to seek civil monetary penalties against individual officers as opposed to public corporations.
  • Falotti v. Oracle Corp. (N.D. Cal.). Lead trial counsel for client Falotti in arguing a $90 million stock options claim before the Ninth Circuit. Resulted in a confidential settlement.

Antitrust and Other Commercial Cases:

  • Addamax Corp. v. Open Software Foundation, Inc. (D. Mass.). Member of trial team that won a bench trial dismissal of a $60 million antitrust claim relating to computer operating systems and security software. Drafted First Circuit briefing that resulted in upholding of dismissal on appeal.
  • Gas Utilities Co. of Alabama v. Southern Natural Gas Co. (N.D. Ala.). Responsible for summary judgment motion resulting in dismissal of a $100 million plus antitrust action against client Southern Natural relating to natural gas transportation and distribution. Drafted Eleventh Circuit briefing that resulted in upholding of dismissal on appeal.
  • George Wendt v. Host International Inc. (C.D. Cal.). Represented television actors from "Cheers" against hotel chain and movie studio in a celebrity identity rights case relating to the unauthorized use of robotic likenesses. Resulted in a confidential settlement.

Practice Areas

Education

  • Yale University, B.A., summa cum laude, 1988
  • Harvard Law School, J.D., cum laude, 1991

Admitted To Practice

  • Massachusetts
  • California
  • U.S. Supreme Court
  • U.S. Court of Appeals, Federal Circuit
  • U.S. Court of Appeals, 1st Circuit
  • U.S. Court of Appeals, 9th Circuit
  • U.S. Court of Appeals, 11th Circuit
  • U.S. District Court, District of Massachusetts
  • U.S. District Court, Central District of California

Memberships & Affiliations

  • Boston Bar Association (former co-chair of IP Litigation Committee)
  • Boston Patent Law Association
  • Federal Circuit Bar Association
  • American Intellectual Property Law Association
  • American Bar Association

Honors

  • Selected by Peer Review for Inclusion in Super Lawyer Directory 2004-2006, 2011-2013 for Intellectual Property Litigation

Prior Experience

  • Foley & Lardner LLP
  • Robins, Kaplan, Miller & Ciresi, LLP
  • Hale & Dorr LLP (now WilmerHale)
  • Skadden, Arps, Slate, Meagher & Flom