Searcy III, Marshall M.

Marshall M. Searcy III

Partner

  Biography

Marshall Searcy has been trying complex cases for over 20 years, in a wide variety of fields.  His work has included intellectual property and unfair competition cases, representing both plaintiffs and defendants. Mr. Searcy's patent cases have involved a wide range of technologies, from mobile phones to automobile antitheft devices to nutritional supplements.  His antitrust cases have been equally diverse, including claims brought in areas of natural gas trading, plastic bottle sales and wholesale petroleum pricing.  Mr. Searcy has also represented plaintiffs and defendants in securities litigation. He has recently represented the Federal Housing Finance Agency and Mass Mutual in claims involving residential mortgage-backed securities. Mr. Searcy also represents the Quileute Indian Tribe in its ongoing efforts to preserve its cultural heritage.  Mr. Searcy has tried cases in California, Massachusetts and Arizona courts and before the International Trade Commission.

  Representative Clients

  • Pfizer, Inc.
  • Federal Housing Finance Agency
  • Shell Oil
  • Nokia Corporation
  • Mattel, Inc.
  • Motorola, Inc.
  • Freedom Wireless, Inc.
  • Johnson Controls, Inc.
  • Northrop Grumman Corporation
  • Lockheed Corporation
  • Mass Mutual, Inc.
  • Quileute Indian Tribe

  Notable Representations

  • Won $185 Million verdict for Freedom Wireless in suit over prepaid wireless telecommunications patents.
  • Won defense judgment as a matter of law for Shell after a four week jury trial on allegations of discriminatory wholesale gasoline pricing.
  • Won decision for large telecommunications company after a 10 day hearing on claims of patent infringement brought before the International Trade Commission.
  • Obtained habeas corpus relief for two inmates serving life without parole in Alabama for non-violent offenses.
  • Won complete dismissal of claims by franchise owners that they had been defrauded when making lease payments.
  • Obtained judgment as a matter of law that a former employee of a satellite company had not assigned claims to his inventions in phone technology.
  • Obtained summary judgment of patent infringement against manufacturer of "hot fill" plastic bottles.
  • Successfully represented seller of natural gas against claims of market manipulation and obtained a favorable settlement of class action claims.
  • Won dismissal of section 17200 claim against food-maker for alleged failure to disclose that its product contained carcinogens.
  • For officers of an aerospace company, won dismissal of class action suits brought by shareholders based on public announcements made concerning a failed merger.

  Practice Areas

  • Class Action Litigation
  • Intellectual Property Litigation
  • Securities Litigation
  • Patent Litigation

  Education

  • Harvard Law School
    (J.D., 1993)
    • Harvard Journal of Law and Technology:
      • Editor, 1992-1993
    • Ames Moot Court Championship Team:
      • Oralist, 1993
  • University of Texas at Austin
    (B.A., with highest honors, 1990)
    • Phi Beta Kappa

  Admissions

The State Bar of California; United States Court of Appeals: First Circuit, Ninth Circuit, Eleventh Circuit; United States District Courts: Southern District of California, Central District of California, Eastern District of California