- Acumen Powered by Robins Kaplan LLP®
- Affirmative Recovery
- American Indian Law and Policy
- Antitrust and Trade Regulation
- Appellate Advocacy and Guidance
- Business Litigation
- Civil Rights and Police Misconduct
- Class Action Litigation
- Commercial/Project Finance and Real Estate
- Corporate Governance and Special Situations
- Corporate Restructuring and Bankruptcy
- Domestic and International Arbitration
- Entertainment and Media Litigation
- Health Care Litigation
- Insurance and Catastrophic Loss
- Intellectual Property and Technology Litigation
- Mass Tort Attorneys
- Medical Malpractice Attorneys
- Personal Injury Attorneys
- Telecommunications Litigation and Arbitration
- Wealth Planning, Administration, and Fiduciary Disputes
Acumen Powered by Robins Kaplan LLP®
Ediscovery, Applied Science and Economics, and Litigation Support Solutions
-
December 4, 2023Robins Kaplan LLP Announces 2024 Partners
-
November 30, 2023U.S. Court of Appeals Affirms PTAB Decision in Favor of Robins Kaplan Client Collegium
-
November 20, 2023Kellie Lerner Named Interim Co-Lead Class Counsel in Taser And Body Camera Antitrust Litigation
-
December 12, 2023Ethics Check-In! – USPTO Insight and Practical Implications of AI
-
January 4, 2024 | January 9, 2024 | January 11, 2024Payment Card Settlement for U.S. Merchants
-
Fall 2023All Is Not Lost: Personal Jurisdiction in a Post-BMS World
-
November 10, 2023E-Commerce Platform Liability for Trademark Infringement
-
November 8, 2023Generative Artificial Intelligence, LLMs, And Fair Use After Warhol: The Copyright Office and Accountability
-
September 16, 2022Uber Company Systems Compromised by Widespread Cyber Hack
-
September 15, 2022US Averts Rail Workers Strike With Last-Minute Tentative Deal
-
September 14, 2022Hotter-Than-Expected August Inflation Prompts Massive Wall Street Selloff
Find additional firm contact information for press inquiries.
Find resources to help navigate legal and business complexities.
Read our attorneys' take on the latest news and trends in the legal and business industries.
Derrick J. Carman
Derrick J. Carman
Partner
Experience
Derrick Carman helps large and small clients assert their intellectual property rights and defend against allegations of intellectual property infringement. He focuses on patent litigation, representing clients in Federal Courts, the United States Patent and Trademark Office, and the International Trade Commission. Mr. Carman helps clients manage the complicated strategic considerations involved in navigating the IP litigation landscape.
Mr. Carman also works with patent owners to develop patent portfolio monetization strategies, including licensing and litigation strategies. He has experience with a broad range of technologies, including battery technology, medical devices, projector systems, e-commerce platforms, luggage, computer graphics software, and computer memory systems.
Prior to becoming an IP litigator, Mr. Carman prepared and prosecuted patent applications in-house and in private practice. Mr. Carman’s background in patent prosecution combined with his experience in a variety of litigation forums provides a unique insight into the operations of IP law.
U.S. Court of Appeals
-
Represented former employee of the Department of the Interior in appeal from the Merit Systems Protection Board following her termination. The Court of Appeals for the Federal Circuit vacated and remanded finding that the MSPB failed to conduct the requisite analysis as to the reasonableness of the termination under the Douglas factors. Moreno v. Dep’t of the Interior, Appeal No. 2020-1507 (Fed. Cir. 2021).
U.S. District Court
-
Represented biological sciences R&D company in defense of claims for patent infringement. Case settled on favorable terms prior to trial. Kyowa Hakko Kirin Co., Ltd. v. Aragen Bioscience, Inc., NDCA-3-16-cv-05993.
Represented emergency response software in defense of claims for patent infringement. Case was voluntarily dismissed following filing of a motion to dismiss. 911 Notify, LLC v. MobileTREC Corporation, DDE-1-15-cv-00582 (prior to joining Robins Kaplan).
U.S. Patent and Trademark Office
-
Represented Patent Owner in response to ten petitions for inter partes review of patents related to peripheral bus design. The Patent Trial and Appeal Board denied all ten petitions. IPR2021-00604; IPR2021-00605; IPR2021-00606; IPR2021-00607; IPR2021-00608; IPR2021-00666; IPR2021-00667; IPR2021-00668; IPR2021-00669; IPR2021-00670.
Represented Patent Owner in response to four petitions for inter partes review of patents related to cellular communications. The Patent Trial and Appeal Board denied institution of all four petitions. IPR2018-01474; IPR2018-01478; IPR2018-01556; IPR2018-01557.
U.S. International Trade Commission
-
Trial Counsel for owner of cellular communications patent portfolio including an 8-day patent infringement trial before the International Trade Commission. Certain 3G- and LTE-compliant Cellular Communication Devices and Components Thereof, Inv. No. 337-TA-1138.
Represented subpoenaed third party in multiple International Trade Commission Investigation concerning lithium-ion battery separators. Certain Batteries and Electrochemical Devices Containing Composite Separators, Components Thereof and Products Containing Same, Inv. No. 337-TA-1087; Certain Lithium-Ion Battery Cells, Battery Modules, Battery Packs, Components Thereof, and Products Containing the Same, Inv. No. 337-TA-1181.
Represented subpoenaed third party in International Trade Commission Investigation concerning smart thermostats and HVAC systems. Certain Smart Thermostats, Smart HVAC Systems, and Components Thereof, Inv. No. 337-TA-1185.
- Listed in The Best Lawyers in America: Ones to Watch (2021-2024 editions)
- Named a “New York Rising Star,” by Super Lawyers (2023)
Bar Admissions
- Colorado
- New York
- U.S. Patent and Trademark Office
Education
- Syracuse University College of Law, J.D. (2013), cum laude, Justinian Honorary Society; Syracuse Law Review, Computer Editor (2012-2013)
- Denison University, B.S. in Physics (2010)
Professional Associations
- American Intellectual Property Law Association
- Colorado Bar Association
- New York Intellectual Property Law Association
- New York State Bar Association
Ethics Check-In: USPTO Insight and Practical Implications of AI
Panelist, Connecticut Bar Association Intellectual Property Section, Hartford, CT (December 12, 2023)
Panelist, Connecticut Bar Association Intellectual Property Section, Hartford, CT (December 12, 2023)
December 12, 2023
Ethics Check-In! – USPTO Insight and Practical Implications of AI
William Manske, Derrick Carman - Connecticut Bar Association
Hartford, CT
December 6, 2017
RESOURCES
Links to full publications and news releases.
PUBLICATIONS
July 7, 2023
PTAB Overruled: A New Analysis For Real Party In Interest
Derrick Carman - Law360
August 25, 2022
Beware Arguments Based On Implicit Claim Constructions
Derrick Carman - Law360
May 5, 2021
Bio-Rad Ruling Highlights IP Assignment Clause Limits
Bryan J. Vogel, Derrick J. Carman - Law360
NEWS
September 22, 2023
August 17, 2023
December 6, 2022
Back to Top
Any information that you send us in an e-mail message should not be confidential or otherwise privileged information. Sending us an e-mail message will not make you a client of Robins Kaplan LLP. We do not accept representation until we have had an opportunity to evaluate your matter, including but not limited to an ethical evaluation of whether we are in a conflict position to represent you. Accordingly, the information you provide to us in an e-mail should not be information for which you would have an expectation of confidentiality.
If you are interested in having us represent you, you should call us so we can determine whether the matter is one for which we are willing or able to accept professional responsibility. We will not make this determination by e-mail communication. The telephone numbers and addresses for our offices are listed on this page. We reserve the right to decline any representation. We may be required to decline representation if it would create a conflict of interest with our other clients.
By accepting these terms, you are confirming that you have read and understood this important notice.
If you are interested in having us represent you, you should call us so we can determine whether the matter is one for which we are willing or able to accept professional responsibility. We will not make this determination by e-mail communication. The telephone numbers and addresses for our offices are listed on this page. We reserve the right to decline any representation. We may be required to decline representation if it would create a conflict of interest with our other clients.
By accepting these terms, you are confirming that you have read and understood this important notice.