Mr. Kirsch earned his Bachelor of Science degree in electrical engineering from Johns Hopkins University in 1983. After graduating from Johns Hopkins, Mr. Kirsch wrote software and designed electronics for General Electric’s Space Division. Mr. Kirsch earned his Juris Doctor degree in 1989 from the University of Pittsburgh School of Law, where he graduated cum laude and as a Notes and Comments Editor of the University of Pittsburgh Law Review.
After graduating from law school, Mr. Kirsch became an Assistant District Attorney for the City of Philadelphia, where he tried many serious felony cases as a member of the Habitual Offender Unit. In 1995, Mr. Kirsch joined Fish & Neave as an associate, litigating patent infringement and trademark cases, and preparing opinion letters for firm clients.
In 2001, Mr. Kirsch became a partner at Cooper & Dunham, where he litigates patent, trademark and copyright cases, and provides advice and opinions to his clients, ranging from Fortune 100 corporations to start-ups. Mr. Kirsch is a member of the American Intellectual Property Association, the Association of the Bar of the City of New York, The Japan Society and the Audio Engineering Society. Mr. Kirsch frequently lectures on patent law issues at the Practicing Law Institute, the American Intellectual Property Law Association and other organizations. Mr. Kirsch is registered to practice before the U.S. Patent and Trademark Office.
In March of 2010, Mr. Kirsch earned a major victory for Playoff Corporation by persuading the Federal Circuit to affirm that two patents asserted against Playoff were obvious.
Representative Cases:
- Motorola v. Rockwell, Case No. 95-575-SLR (D. Del.);
- Motorola v. U.S. Robotics, Case No. 97-10339 (D. Mass.);
- Faroudja Labs v. Snell & Wilcox, Case No. C-97 20422 SW (N.D. Cal.);
- Motorola v. PC-Tel & Altocom, Case No. 98-598-GMS (D. Del.);
- Creative Labs v. Cyrix, Case No. C97-0912 CW (N.D. Cal.);
- Cowles v. ITT, Case No. 399-CV-01996 (D. Conn.);
- Synaptic v. MDS Panlabs, Case No. 00-2728 (HAA)(D. N.J.);
- Synaptic v. Euroscreen, Case No. 01-5833 (WHW)(D. N.J.);
- Telepresence v. Playoff, Case No. SACV 00-180 AHS (CD. Cal.);
- Trimble v. RHS, CSI Wireless & Satloc, Case No. CV-03-01604-PJH (N.D. Cal.);
- Media Technologies v. Inkworks & Rittenhouse Archives, Case No. SACV 03-3013 SVW (CD. Cal.);
- Media Technologies v. Upper Deck et al, Case No. SACV 01-1198 AHS (CD. Cal.);
- Matsushita v. Cinram, Case No. 01-882-SLR (D-Del.);
- Meadwestvaco v. Beau Merzon, Case No. 3:05-CV-0106 (S.D. Ohio);
- Ritz Camera v. Ritz Collectibles, Case No. RDB-06-1125 (D. Md.).
- Lockheed v. Trimble, Case No. 2:01-CV-113-TJW (E.D. Tex.); and
- F5 Networks v. Coyote Point, Case No. 2:07-CV-01831 -MJP (W.D. Wa.).
Publications and Speeches:
- Author, Pitfalls for Patent Holders Participating in Setting Standards: Lessons from Townsend, 17 E-commerce Law & Strategy (2001);
- Author, A Pocket Guide To Festo as Decided By the Supreme Court, 2 International Lawyers Network Bulletin (2002);
- Lecturer, Patent Law Fundamentals (for Federal Judges and their Law Clerks of the Southern District of New York, the District of New Jersey, and the Eastern District of New York);
- Chair, Parallel Patent Litigation and Reexamination Proceedings 2006 & 2007 (Practicing Law Institute Program);
- Lecturer, Legal Constraints on Corporate Participation in Standards Setting Bodies (AIPLA Annual Meeting 2003);
- Lecturer, A Call for Uniformity in Local Patent Rules (AIPLA Annual Meeting 2004);
- Lecturer, Patent Re-examination Strategies: To Re-exam Or Not To Re-exam (Bus. Dev. Academy 2009);
- Lecturer, Keeping Dangerous Patents Out Of Enemy Hands – Prudent Advice For Tough Times (Bus. Dev. Academy 2009);
- Panelist, Developments In U.S. Patent Law 2009, Fordham Law School’s 17th Annual Conference on Intellectual Property Law & Policy, Cambridge, U.K. (April 16, 2009);
- Instructor, Introduction To Reexams and Reissues, AIPLA’s Patent Prosecution Bootcamp 2009, Alexandria, Virginia, (August 28, 2009);
- Interviewed for Strategic Implications For Trade Secrets, IPFrontline.com (October 19, 2009);
- Speaker, Keeping Dangerous Patents Out Of Enemy Hands – Prudent Advice For Tough Times, Managing Distressed IP Seminar & Webinar, New York, New York (November 11, 2009); and
- Speaker, In The Aftermath Of In Re Bilski, Practicing Law Institute’s Patent Litigation 2009 Conference, New York, New York (November 17, 2009).
Bar Admissions:
Supreme Court of Pennsylvania (1989), E.D. Pennsylvania (1990), D. Arizona (1992), Supreme Court of New York (1995), S.D. New York (1996), Court of Appeals for the Federal Circuit (1996) and E.D. New York (1997).
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