Francis DiGiovanni

Francis DiGiovanni represents clients in a variety of areas, principally patent litigation, trademark and copyright litigation, and litigation of unfair competition and trade secret cases in the mechanical, chemical, and electrical arts as well as other diverse areas of technology.

As a patent litigator, Frank has secured victories for his clients on both the plaintiff and defense side, including a victory in a patent infringement jury trial, coupled with successful post-trial proceedings, which resulted in an award of more than $10 million in favor of his client.

Frank has substantial litigation experience in patent cases in district courts across the U.S. Frank has a mechanical engineering degree and worked for three years for a heavy gear and transmission manufacturer.

Frank has significant experience litigating patent cases pertaining to automotive and other mechanically engineered technology. Frank is co-chair of the firm’s Intellectual Property Group.

Experience :

•  Lead trial counsel for Vital Pharmaceuticals in a case in which Vital was accused of infringing plaintiffs’ patents on nutritional compositions and methods of use. Vital was one of three defendants, out of 81 original defendants, that refused to settle, and thus took the case to trial. After a five-day bench trial, the Court invalidated all 17 claims of the four asserted patents. Vital then successfully moved to have the case declared exceptional, and Vital was awarded its attorneys’ fees and expenses. ThermoLife Int’l LLC et al. v. Vital Pharmaceuticals, et al., Civ. No. 13-651-JLS (S.D. Cal.).
• Lead counsel for plaintiffs in a case wherein the chief issue was patent inventorship. Case resolved prior to trial. Tekni-Plex, Inc. et al. v. Cain et al., Civ. No. 13-4502 (E.D. Pa.).
• Represented plaintiffs in a complex patent infringement litigation pertaining to asphalt compositions and methods. Resolved via stipulation. ALM Holding Co. et al v. Arr-Maz Custom Chemicals Inc., Civ. No. 11-1069-GMS (D. Del).
• Represented defendant Vital in a patent infringement litigation pertaining to nutritional supplements. Favorably concluded (dismissed in its entirety) after claim construction ruling. Natural Alternatives International Inc. v. Vital Pharmaceuticals Inc. et al., Civ. No. 09-626-GMS (D. Del).
• Led the patent infringement action pertaining to processes for reducing microbial contamination on poultry and other meats all the way up to trial, and then tried the case with a senior partner. A successful jury trial, followed by a successful appeal, resulted in the invalidation of all 17 patent claims asserted against client FMC. Ecolab USA, Inc. v. FMC Corporation, Civ. No. 05-831-JMR (D. Minn.).

Education :

• University of Pittsburgh School of Law, J.D., 1993, summa cum laude
• Bucknell University, B.S., Mechanical Engineering

Bar Admissions :

• Delaware
• U.S. Patent and Trademark Office

Court Admissions :

• U.S. Supreme Court
• U.S. Court of Appeals, Federal Circuit
• U.S. District Court, District of Delaware
• U.S. District Court, Eastern District of Texas