Joseph S. Presta :: Nixon & Vanderhye PC

Phone: 703-816-4042 Fax: 703-816-4100 e-mail: jsp@nixonvan.com Education: George Washington University (B.S., cum laude, Engineering, 1988) George Mason University (J.D., 1993)	JOSEPH S. PRESTA joined Nixon & Vanderhye as a shareholder in June of 1999. Mr. Presta has extensive experience in both patent litigation and patent prosecution. Mr. Presta has successfully acted as lead counsel in numerous complex patent infringement litigations in a variety of jurisdictions, as well as played a major role in many other litigation matters involving patents, trademarks and antitrust issues. Mr. Presta has also acted as lead counsel in several Federal Circuit appeals, in which he presented oral arguments on complex patent issues. He has also presented oral arguments in the D.C. Circuit on trademark issues. Several of Mr. Presta's cases have resulted in published and frequently cited decisions relating to a variety of patent claim construction issues, appellate jurisdiction and equitable tolling of statutory deadlines. In 2007, Mr. Presta conducted and won two jury trials. The first (Jan.-Feb. 2007) resulted in a $39 million dollar verdict for his client Prime Table Games following a five week jury trial involving complex patent and antitrust issues. Mr. Presta presented the opening statement and closing arguments and, together with his partner Bob Rowan, convinced the jury that a family of twenty patents dating back to 1989 and relating to the casino table game Caribbean Stud was obtained by knowing and willful fraud on the U.S. Patent and Trademark Office. All other elements of attempted monopolization were also proven, resulting in the jury finding a Sherman Act violation based on both Walker Process fraud and sham litigation. The case was tried in the U.S. District Court for the Southern District of Mississippi (Chief Judge Wingate presiding). The second jury trial (July 2007), conducted with the assistance of his partner Rob Faris, resulted in a finding of patent infringement and a three million dollar verdict against Mercury Marine (A division of Brunswick Corporation) for his client Electromotive, Inc., following a three week trial in the U.S. District Court for the Eastern District of Virginia (Alexandria Division) with Judge Lee presiding. Mr. Presta again presented the opening statement and closing arguments, as well as handled the direct and cross-examination of all witnesses. Both cases were settled on favorable terms following the court's denial of the defendant's post-verdict motions and prior to appeal. In addition to his active litigation practice, Mr. Presta maintains a patent prosecution practice that focuses on high-tech computer and electronics-related technologies. Mr. Presta has written hundreds of original patent applications in a wide variety of technologies on behalf of many different clients ranging from large international corporations to independent inventors. He has also successfully prosecuted many more U.S. and foreign originated patent applications. While Mr. Presta has particular expertise in drafting and prosecuting computer-related patent applications, including various aspects of microprocessor and graphics co-processor design for video game platforms, he has also written and successfully prosecuted many electrical, electro-mechanical, mechanical and business method patent applications. He also regularly provides clients with opinions involving infringement and validity issues, and actively counsels clients regarding complex patent matters and related strategies. Mr. Presta graduated with honors from George Washington University in 1988 with a B.S. degree in Systems Analysis and Engineering with a specialty in Computer Systems. From 1987 to 1989 he was employed as a Systems Analyst/Software Engineer by the Institute For Defense Analysis where he was involved in the design and development of a variety of computer software and networking applications for military systems. Mr. Presta attended the Patent Track program at George Mason University School of law where he received his Juris Doctor degree in 1993. Mr. Presta is admitted to the Virginia bar, the U.S. District Court for the Eastern District of Virginia, the Supreme Court of Virginia, and the U.S. Court of Appeals for the Federal Circuit. He is registered to practice before the U.S. Patent and Trademark Office. His professional affiliations include the American Bar Association and the American Intellectual Property Law Association.

Phone: 703-816-4042

Fax: 703-816-4100

Education: George Washington University (B.S., cum laude, Engineering, 1988)

George Mason University (J.D., 1993)

JOSEPH S. PRESTA joined Nixon & Vanderhye as a shareholder in June of 1999. Mr. Presta has extensive experience in both patent litigation and patent prosecution. Mr. Presta has successfully acted as lead counsel in numerous complex patent infringement litigations in a variety of jurisdictions, as well as played a major role in many other litigation matters involving patents, trademarks and antitrust issues. Mr. Presta has also acted as lead counsel in several Federal Circuit appeals, in which he presented oral arguments on complex patent issues. He has also presented oral arguments in the D.C. Circuit on trademark issues. Several of Mr. Presta's cases have resulted in published and frequently cited decisions relating to a variety of patent claim construction issues, appellate jurisdiction and equitable tolling of statutory deadlines.

In 2007, Mr. Presta conducted and won two jury trials. The first (Jan.-Feb. 2007) resulted in a $39 million dollar verdict for his client Prime Table Games following a five week jury trial involving complex patent and antitrust issues. Mr. Presta presented the opening statement and closing arguments and, together with his partner Bob Rowan, convinced the jury that a family of twenty patents dating back to 1989 and relating to the casino table game Caribbean Stud was obtained by knowing and willful fraud on the U.S. Patent and Trademark Office. All other elements of attempted monopolization were also proven, resulting in the jury finding a Sherman Act violation based on both Walker Process fraud and sham litigation. The case was tried in the U.S. District Court for the Southern District of Mississippi (Chief Judge Wingate presiding). The second jury trial (July 2007), conducted with the assistance of his partner Rob Faris, resulted in a finding of patent infringement and a three million dollar verdict against Mercury Marine (A division of Brunswick Corporation) for his client Electromotive, Inc., following a three week trial in the U.S. District Court for the Eastern District of Virginia (Alexandria Division) with Judge Lee presiding. Mr. Presta again presented the opening statement and closing arguments, as well as handled the direct and cross-examination of all witnesses. Both cases were settled on favorable terms following the court's denial of the defendant's post-verdict motions and prior to appeal.

In addition to his active litigation practice, Mr. Presta maintains a patent prosecution practice that focuses on high-tech computer and electronics-related technologies. Mr. Presta has written hundreds of original patent applications in a wide variety of technologies on behalf of many different clients ranging from large international corporations to independent inventors. He has also successfully prosecuted many more U.S. and foreign originated patent applications. While Mr. Presta has particular expertise in drafting and prosecuting computer-related patent applications, including various aspects of microprocessor and graphics co-processor design for video game platforms, he has also written and successfully prosecuted many electrical, electro-mechanical, mechanical and business method patent applications. He also regularly provides clients with opinions involving infringement and validity issues, and actively counsels clients regarding complex patent matters and related strategies.

Mr. Presta graduated with honors from George Washington University in 1988 with a B.S. degree in Systems Analysis and Engineering with a specialty in Computer Systems. From 1987 to 1989 he was employed as a Systems Analyst/Software Engineer by the Institute For Defense Analysis where he was involved in the design and development of a variety of computer software and networking applications for military systems.

Mr. Presta attended the Patent Track program at George Mason University School of law where he received his Juris Doctor degree in 1993. Mr. Presta is admitted to the Virginia bar, the U.S. District Court for the Eastern District of Virginia, the Supreme Court of Virginia, and the U.S. Court of Appeals for the Federal Circuit. He is registered to practice before the U.S. Patent and Trademark Office. His professional affiliations include the American Bar Association and the American Intellectual Property Law Association.