Marshall Searcy has been trying complex cases for over 25 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.
- Reading International, Inc.
- Playboy Enterprises, Inc.
- Shell Oil CompanyNokia CorporationFreedom Wireless, Inc.
- Quileute Indian Tribe
Corporate Governance:
- Obtained published Nevada Supreme Court opinion granting complete defense judgment to corporate board of directors in suit brought by company’s CEO;
- For officers of an aerospace company, won dismissal of class action suits brought by shareholders based on public announcements made concerning a failed merger.
Intellectual Property:
- Won $185 Million verdict for Freedom Wireless in suit over prepaid wireless telecommunications patents;
- Won decision for large telecommunications company after a 10 day evidentiary hearing on claims of patent infringement brought before the International Trade Commission;
- In published opinion, 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;
- In published decision, won ruling that independent contractor did not have inventorship rights in patented inventions;
- Favorably settled case on morning of trial for phone manufacturer seeking to license technology on “Fair, Reasonable and Non-Discriminatory” terms.
Antitrust/unfair competition:
- Won defense judgment as a matter of law for Shell after a four week jury trial on allegations of discriminatory wholesale gasoline pricing;
- Won complete dismissal of claims by franchise owners that they had been defrauded when making lease payments;
- 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.
Defamation/Anti-Slapp:
- Obtained complete defense judgments for notorious entertainer accused of misconduct and sued for defamation in multiple states;
- Awarded costs and fees after successfully defeating anti-SLAPP motion. .
Pro Bono:
- Represented Quileute Indian Tribe in seeking protection under the Indian Arts and Crafts Act in connection with movie merchandise using the Quileute name;
- Obtained habeas corpus relief for two inmates serving life without parole in Alabama for non-violent offenses;
- Recognized “Immigration Trail-Blazer for 2020” by the American Lawyer after establishing asylum program for Los Angeles Office.
- Harvard Law School
(J.D., 1993)- Harvard Journal of Law and Technology:
- Editor, 1992-1993
- Ames Moot Court Championship Team:
- Oralist, 1993
- Harvard Journal of Law and Technology:
- University of Texas at Austin
(B.A., with highest honors, 1990)- Phi Beta Kappa
- The State Bar of California
- United States Court of Appeals:
- Federal Circuit
- First Circuit
- Third Circuit
- Ninth Circuit
- Eleventh Circuit
- United States District Courts:
- Southern District of California
- Central District of California
- Eastern District of California
- Southern District of Florida
- District of Arizona
- Western District of Pennsylvania
- District of Delaware
- Southern District of Alabama