Richard M. Marsh, Jr.



Rick Marsh helps clients grow and protect their intellectual assets. He focuses on various specialties in patent law, including patent eligibility, post-grant proceedings, patent prosecution, patent validity and infringement evaluations, and patent litigation. Prior to joining Faegre Baker Daniels, Rick served as a clerk in the U.S. Court of Federal Appeals for the Federal Circuit under Hon. William C. Bryson.

Patent Eligibility

Rick is a leader in the country on patent eligibility issues. He led the ABA’s Post-Alice Task Force for over two years, and routinely publishes articles and speaks at national conferences on Section 101 issues. Rick also was a prominent presenter at the USPTO’s 2017 national roundtable on patent subject matter eligibility. Rick assists clients with patent eligibility issues for both prosecution and litigation.

Post-Grant Patent Proceedings

Rick has prosecuted complex re-issue and re-examination patent applications and has successfully represented petitioners and patent owners in inter-partes review (IPR) proceedings.

Patent Portfolio Management

Rick oversees the development of patent portfolios, both domestic and international. Rick also develops and implements IP strategies for generating and monetizing patent portfolios.

Freedom to Operate/Competitive Landscape

Rick provides strategic risk analysis for freedom-to-operate and patent enforcement evaluations. Rick has experience assessing the infringement, validity and enforceability of patents, as well as providing design-around analysis for new and current products. Rick leverages these experiences as he leads FaegreBD’s Opinion Task Force.

Patent Litigation

Rick represents clients in patent litigation, with particular expertise in pre-suit investigations and leveraging his technical expertise to create winning infringement and validity strategies.

Technical Expertise

Rick leverages his technical training to assist clients in various technologies, including electronics, optics, software, computer networking and storage, mechanical systems, telecommunications, financial services and medical devices.



U.S. Patent and Trademark Office


U.S. Court of Appeals for the Federal Circuit


U.S. Court of Appeals for the Federal Circuit, Hon. William C. Bryson, 2009-2010




University of Michigan Law School
J.D. magna cum laude, Order of the Coif (2009)

Brigham Young University
B.S. in Physics, magna cum laude, with a minor in Mathematics (2006)


  • The Federal Circuit Cements a Safe Harbor for Patent Eligibility
    Co-author, Bloomberg BNA's Patent, Trademark & Copyright Journal, September 2017
  • Proving Patent Eligibility Using Preemption: How the Federal Circuit’s Decision in McRO v. Bandai Expands the Boundaries for Patent-Eligible Inventions
    Co-author, Landslide, May/June 2017
  • A Report From the ABA Post-Alice Taskforce
    USPTO Patent Subject Matter Eligibility: Roundtable 1, November 14, 2016
  • Software-Related Patents: Critical Issues You Need to Know Now
    Practicing Law Institute, New York City, April 15, 2016
    Practicing Law Institute, San Francisco, May 6, 2016
  • Does Alice Really Know What's Patentable?
    30th Annual ABA Intellectual Property Law Conference, Bethesda, Maryland, March 2015



  • American Bar Association, Chair of the Information Technology Committee
  • American Bar Association, Leader of the Post-Alice Task Force involving over 100 volunteers analyzing the effects of Alice v. CLS Bank
  • American Bar Association, Co-chair of the Software and Cloud Computing Committee
  • American Bar Association, Member of the Patent Litigation Committee and Co-chair of the Willful Infringement Subcommittee


  • Faegre Baker Daniels — Baker Benson Pro Bono Award, 2016
  • Faegre Baker Daniels — Pro Bono Honor Roll, 2014-17
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