Lee Marshall specializes in intellectual property, commercial, and appellate litigation. Recently, Mr. Marshall acted as lead appellate counsel for Residential Funding Corporation, a division of Ally Financial, in reversing a $92 million punitive damage judgment on appeal.

Mr. Marshall attended graduate school in organic chemistry at The Scripps Research Institute, where he was the recipient of a National Science Foundation Graduate Fellowship.  Prior to joining the firm in 2000, he clerked for Judge Pasco M. Bowman of the United States Court of Appeals for the Eighth Circuit. During law school, Mr. Marshall served as Editor-in-Chief of the Washington University Law Review, interned for Judge E. Richard Webber of the United States District Court for the Eastern District of Missouri and graduated Order of the Coif.

Mr. Marshall maintains an active litigation practice with an emphasis in intellectual property and high stakes biotechnology patent litigation.  Representative engagements include:

• Lead counsel for Alzheimer’s Institute of America in a series of patent cases across the country against major pharmaceutical companies for infringement of biotechnology patents essential to therapeutic screening and target validation for Alzheimer’s Disease
• Lead counsel for Golden Trade in a series of patent cases involving garment-finishing technology resulting in multi-million dollar licensing revenue
• Lead counsel for numerous designers and manufacturers in intellectual property cases involving counterfeit goods
• Lead counsel for investors in a shareholder dispute resulting in a $2.6 million jury verdict
• Lead counsel for a mortgage company in a trademark and unfair competition case resulting in the dismissal of all claims following a two-day evidentiary hearing
• Lead counsel for software company Admios LLC in a trade secret case resulting in the dismissal of all claims after a two-day evidentiary hearing
• Lead counsel for First Option Mortgage in a trade secret and non-competition case resulting in a favorable settlement following the denial of a preliminary injunction motion after a two-day evidentiary hearing
• Lead counsel for the Recording Industry Association of America in Missouri and Illinois for music file sharing subpoena and copyright infringement cases
• Co-lead counsel for Sigma-Aldrich in a patent case involving DNA labeling technology resulting in a favorable settlement following the claim construction hearing
• Member of the trial team for the husband in a divorce case involving a $72 million marital estate.
• Member of the trial team for PING in a patent case resulting in a defense verdict and award of attorneys’ fees

Mr. Marshall has represented clients in appeals in the United States Supreme Court and has presented oral argument before the United States Courts of Appeals for the Third, Seventh, Eighth, Ninth, and Federal Circuits, as well as intermediate and supreme appellate courts in Kansas, Illinois, Missouri and Nebraska. From 2003-2010, Mr. Marshall served as an adjunct professor of law at Washington University, where he taught the Appellate Clinic.  In 2007, Chief Judge James Loken appointed Mr. Marshall to the Federal Advisory Committee for the United States Court of Appeals for the Eighth Circuit.  Mr. Marshall’s appellate experience spans a diverse body of law:

• In Mitchell v. Residential Funding Corp., No. WD70210 (Mo. App. W.D. 2010), Mr. Marshall successfully argued for reversal of a $92 million punitive damages judgment in a class action under the Homeowner Equity Protection Act
• In U.S. Neurosurgical, Inc. v. Midwest Division – RMC, LLC, No. WD70122 (Mo. App. W.D. 2010) (en banc), Mr. Marshall successfully argued before the en banc Missouri Court of Appeals, which ordered an approximately 70% reduction to a multi-million jury verdict for breach of contract.
• In Trim Fit, LLC. v. Dickey, No. 08-3711 (8th Cir. 2010), Mr. Marshall successfully argued befoe the Eighth Circuit, which reversed the district court’s denial of attorneys’ fees for the defendant in a non-compete case
• In Jewish Center for Aged v. BSPM Trustee, Inc., No. ED91965 (Mo. App. E.D. 2009), Mr. Marshall successfully argued before the Missouri Court of Appeals, which upheld a lower court injunction preventing the sale of a substantial nursing home facility
• In Erickson v. U-Haul Int’l Inc., 278 Neb. 18 (Neb. 2009), Mr. Marshall successfully argued before the Nebraska Supreme Court, which affirmed a final judgment for U-Haul in a products liability case
• In Crater Corp. v. Lucent Tech. Inc., No. 08-1289 (Fed. Cir. 2009), Mr. Marshall successfully argued before the Federal Circuit, which affirmed summary judgment in favor of a government contractor in a contract, patent, and trade secret case in which the United States Navy asserted the state secrets privilege
• In Vale v. Avila, No. 08-2161 (7th Cir. 2008), Mr. Marshall successfully argued before the Seventh Circuit, which affirmed the district court just one day after oral argument to allow the return of a father’s children to their home in Venezuela in this international child-abduction case under the Hague Convention
• In Mars, Inc. v. Coin Acceptors, Inc., 527 F.3d 1359 (Fed. Cir. 2008), Mr. Marshall wrote the brief that convinced the Federal Circuit to reverse a multi-million dollar patent damages award for lack of standing
• In Cures Without Cloning v. Pund, 259 S.W.3d 76 (Mo. App. 2008), Mr. Marshall wrote the brief that convinced the Missouri Court of Appeals to reverse the trial court’s judgment finding the ballot summary statement insufficient and unfair for a ballot initiative related to stem cell research
• In Vinson v. Vinson, 243 S.W.3d 418 (Mo. App. 2007), Mr. Marshall successfully argued before the Missouri Court of Appeals in a divorce appeal involving ownership of a $40 million business that Missouri Lawyers Weekly described as one of the most important Missouri appeals of the year
• In Roper v. Weaver, 550 U.S. 598 (2007), Mr. Marshall was part of a team representing a death row inmate that convinced the Supreme Court to dismiss a writ of certiorari as improvidently granted and thus leave intact the court of appeal’s reversal of the death sentence
• In Stehno v. Sprint Spectrum, L.P., 186 S.W.3d 247 (Mo.banc 2006), Mr. Marshall wrote the brief that convinced the Missouri Supreme Court to reinstate a defense verdict and hold that temporary employees have no business expectancy in future employment
• In Boggs v. Lay, 164 S.W.3d 4 (Mo. App. 2005), Mr. Marshall wrote the brief that convinced the Missouri Court of Appeals to affirm a $3 million verdict on behalf of a young boy run over by a truck
• In Harris v. ChartOne, 841 N.E.2d 1028 (Ill. App. 2005), Mr. Marshall successfully argued before the Illinois Court of Appeals, which affirmed the dismissal of a class action suit brought against medical record companies
• In In re ETM Network, No. 03-555 (9th Cir. 2005), Mr. Marshall successfully argued before the Ninth Circuit in a bankruptcy preference and breach of contract action
• In Tivoli Building, L.L.C. v. Metropolitan Design, 139 S.W.3d 592 (Mo. App. 2004), Mr. Marshall successfully argued in the Missouri Court of Appeals, which affirmed a significant judgment of attorneys’ fees, interest, and costs in the absence of any finding of liability
• In Billy-Bob Teeth, Inc. v. Novelty, Inc., 329 F.3d 586 (7th Cir. 2003), Mr. Marshall successfully argued before the Seventh Circuit, which reinstated a jury verdict for copyright infringement
• In Leggett  & Platt, Inc. v. Hickory Springs Manufacturing Co., 285 F.3d 1353 (Fed. Cir. 2002), Mr. Marshall wrote the brief that convinced the Federal Circuit to reverse summary judgment of non-infringement in a patent case, directly resulting in a favorable settlement

Mr. Marshall also does pro bono work, including serving as lead appointed counsel in an instance in which the district court granted a writ of habeas corpus, handling appellate work for Voices for Children, and serving as Special Counsel to the Advisory Committee on St. Louis Public Schools.

Mr. Marshall is a member of the bars of the United States Supreme Court, numerous Courts of Appeals, the United States Patent and Trademark Office, and the State of Missouri.

Bar and Court Admissions

California, 2011

Missouri, 1999

United States Supreme Court

United States Courts of Appeals for the Seventh, Eighth, Ninth and Federal Circuits

United States District Courts for the Southern District of Illinois and Eastern District of Missouri

United States Patent and Trademark Office

Education

Washington University, J.D., Order of the Coif, 1999

Washington University, A.B., magna cum laude, 1993