Darius Gambino's practice includes many areas within both domestic and international intellectual property law. Mr. Gambino concentrates his practice primarily on patent prosecution and litigation, trademark registration and enforcement, copyright registration and enforcement, trade secrets, licensing, opinions and due diligence investigations.

Mr. Gambino's patent practice is concentrated in the fields of electrical and mechanical engineering, including telecommunications, conditional access technologies, piezoelectric filters and sensors, semiconductor manufacture, electrical circuits, computer memories, computer hardware and software, business methods and construction materials. His trademark practice centers on procuring trademark registrations, counseling clients on enforcement strategies, conducting proceedings before the Trademark Trial and Appeal Board, and general litigation. Mr. Gambino's copyright practice centers on copyright protection and enforcement, particularly in the fields of software, art and entertainment.

Representative Litigation Matters:

• Representation of Defendant new construction home builders in patent infringement action dealing with methods of locating real estate in the US District Court for the Central District of California.
• Representation of Defendant advertising agency in AAA arbitration proceeding involving claims of breach of contract, misappropriation of trade secrets, and copyright infringement relating to accounting software for the advertising industry in New York, NY.
• Representation of Defendant vending machine manufacturer in patent infringement action relating to bill acceptor technology in the US District Court for the District of New Jersey.
• Representation of Defendant textile seller in copyright infringement action dealing with textile patterns in the US District Court for the Eastern District of Pennsylvania.
• Representation of Defendant multi-national hotel chain in trademark infringement, name misappropriation and right of publicity action in the US District Court for the Eastern District of Pennsylvania.
• Representation of Registrant software provider in Cancellation before the Trademark Trial & Appeal Board.
• Representation of Defendant medical device company in declaratory judgment action for trademark infringement in the US District Court for the Eastern District of Pennsylvania.
• Representation of Defendant alcoholic beverage manufacturer in trademark and trade dress infringement action in the US District Court for the Northern District of Illinois.
• Representation of Plaintiff pest control company in trademark, trade dress and copyright infringement action in the US District Courts for the District of Maryland and Northern District of Ohio.
• Representation of Defendant in trademark infringement and cyber-squatting action in the US District Court for the Eastern District of Pennsylvania.
• Representation of Plaintiff real estate agent in antitrust and RICO action in the US District Court for the Eastern District of Pennsylvania.
• Representation of Plaintiff tire manufacturer in copyright infringement and unfair competition action in the US District Court for the Northern District of New York.
• Representation of Plaintiff franchisee in trademark infringement and breach of contract action in the US District Court for the Middle District of Florida.
• Representation of Defendant real estate agent in patent infringement action dealing with methods of locating real estate in the US District Court for the Eastern District of Pennsylvania.
• Representation of Plaintiff photographer in copyright infringement action against publisher in the US District Court for the District of New Jersey.
• Representation of Plaintiff computer network storage system manufacturer in patent infringement action dealing with systems and methods for providing virtual local storage in US District Court for the Western District of Texas.
• Representation of defendant in trademark infringement and breach of contract action brought by former supplier in the US District Court for the District of Nevada.
• Representation of defendant patentee in declaratory judgment action brought by termite control apparatus manufacturer in US District Court for the District of Hawaii.
• Representation of defendant manufacturer in design patent infringement litigation dealing with bath fixtures in US District Court for the District for the Northern District of California.
• Representation of plaintiff in patent infringement action against surgical equipment manufacturer in a case dealing with methods and apparatus for performing ocular surgery in US District Court for the Eastern District of Pennsylvania.
• Representation of defendant publisher in copyright infringement action in US District Court for the Southern District of Florida.
• Representation of plaintiff pest control company in patent infringement litigation against competitor in US District Court for the Eastern District of Pennsylvania.
• Representation of defendant commercial video equipment manufacturer in patent infringement litigation dealing with video processing technology in US District Court for the Northern District of California.

ZULASSUNGEN

• District of Columbia
• Pennsylvania
• United States Patent and Trademark Office

Mitgliedschaften

• American Intellectual Property Law Association
• Philadelphia Volunteer Lawyers for the Arts
• The Recording Academy

Publikationen

• Co-Author with Michael L. Burns IV, "The New IP: Common Law Misappropriation Protection for Financial Information," The Legal Intelligencer, Philadelphia Edition, May 15, 2008.
• Co-author, "Pleading Patent Infringement to Spin a Jurisdictional Webb," The Legal Intelligencer, Philadelphia edition, (January 17, 2008)
• Co-author, "Some Sage Advice on the Doctrine of Equivalents," The Legal Intelligencer, Philadelphia edition, Intellectual Property Supplement (April 23, 2007)
• Author, "A Claim Drafter's Guide to Festo IX," American Bar Association Young Lawyer Division, Intellectual Property and Internet Law Committee Newsletter, Winter 2003, Vol.1, Number 1.
• Co-author with Richard A. Paikoff, “Another Wipeout For the Doctrine of Equivalents," The Legal Intelligencer, Philadelphia edition (March 5, 2002)
• Co-author with Richard A. Paikoff, “A New Weapon For Alleged Infringers?: Patent Drafter Estoppel Explored," Federal Circuit Bar Journal (May 2001)
• Co-author with Richard A. Paikoff, “Federal Circuit Shows Recent Trend of Narrowing Patent Claims Under DOE," The Legal Intelligencer, Philadelphia edition (May 4, 2000)
• Author, “Whose Review Standard Is It Anyway?: Supreme Court provides guidance in Zurko," The Legal Intelligencer Philadelphia edition (July 12, 1999)

Seminars

• Speaker, AIPLA 2008 Annual Meeting, "Avoiding Obviousness Determinations Post-KSR: The Five Paths to Obviousness and How To Avoid Them," Washington, D.C., October 24, 2008.
• Speaker, Marbury Institute Series: "Patent Law for Corporate Lawyers," DLA Piper U.S. (Philadelphia Office), Philadelphia, PA (May 17, 2005)
• Speaker, “What’s Left of the Doctrine of Equivalents,” The Computer Practice Committee Meeting of the Philadelphia Intellectual Property Law Association, Philadelphia, Pennsylvania (January 18, 2001)