Joseph A. Farco is a partner in the Firm's intellectual property law group, and specializes in litigation and transactions involving patents and trade secrets.
As a trial patent lawyer, Joe represents patent owners, including inventors, and foreign and domestic companies in district court and the International Trade Commission. In this capacity, Joe handles pre-filing due diligence for patent owners on how to best assert their patents, handling cease-and-desist correspondence to avoid litigation, drafting complaints, answers, 12(b) motions, discovery and discovery motions, spearheading electronic discovery and strategies for electronically searchable information (ESI), taking and defending fact, expert, and 30(b)(6) depositions, handling all aspects of Markman proceedings and oral arguments related to same, summary judgement briefs and oral arguments related to same, pre- and post-trial memoranda and oral arguments related to same, technical and damages expert preparation and discovery, accounting and costs motions, appeals to the United States Court of Appeals for the Federal Circuit, petitions for certiorari to the Supreme Court of the United States. As trial counsel, Joe makes advanced preparation and efficient strategy development a priority, especially for witnesses who are not native English speakers and where numerous experts are involved. Joe has prepared foreign and domestic witnesses for trial as well as experts.
As a registered patent attorney, Joe practices before the United States Patent and Trademark Office where 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. Joe has argued for his clients to obtain patents on their inventions through appeals to the Patent Trial and Appeal Board (PTAB). He also has been involved in challenges to patent rights under ex parte reexaminations and inter partes review (IPR) proceedings, including preparing and arguing the same. In this capacity, Joe also uses his litigation and prosecution experience to provide opinions for clients (e.g., patentability, non-infringement, and invalidity), to assist clients in making well-informed intellectual property decisions for their business or for helping avoid allegations of induced infringement and/or willful infringement of patents.
Joe’s engineering and science background allows him to help clients in a diverse array of technology areas, including medical devices, prosthetics, commercial electronic and mechanical products, websites, digital cameras, furniture, home appliances, wireless and other remote-access communication systems, insurance and other business method algorithms, internal combustion engines, turbo machinery, pet food products, oils and resins, and chemical products and formulations.
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 (EMU) worn by astronauts on space missions to and from the International Space Station.