Patrick J. Mulkern is a partner in the Intellectual Property practice group of GRSM.  Though he now resides in Connecticut, Mr. Mulkern is also licensed to practice in California and Massachusetts, and practices in federal courts nationwide.  He is also a registered Patent Attorney with the USPTO.

Mr. Mulkern’s intellectual property practice focuses on patent, trademark, and trade secret litigation. He also has experience in trademark prosecution, including opposition and cancellation proceedings before the Trademark Trial and Appeal Board (“TTAB”).  Additionally, Mr. Mulkern has prosecuted and defended actions relating to false advertising and false designation of origin under both the Lanham Act and state law.  He also has extensive experience with complex business litigation, as well as experience defending class actions—including successfully opposing class certification.

In addition to Mr. Mulkern’s experience in all phases of litigation (in both state and federal courts), he has extensive appellate experience with successes before both the U.S. Court of Appeals for the Ninth Circuit and the California Court of Appeal.

Mr. Mulkern received his Juris Doctor from the University of San Diego School of Law, where he was an Editor for the San Diego Law Review. He was also on the Appellate Moot Court Executive Board and served as a national team member. During law school, Mr. Mulkern was an extern with the United States Attorney’s Office, Civil Division for the Southern District of California and for the Chambers of the Honorable Dominic J. Squatrito in the District of Connecticut.

Prior to joining GRSM, Mr. Mulkern was an associate at a boutique patent litigation firm in San Diego. There, he assisted in developing and defending a medical device company’s patent portfolio in litigation across multiple districts – leading to the startup’s acquisition by a Fortune 500 firm.

Reported Experience

AIRS Aromatics, LLC v. CBL Data Recovery Techs., Inc., 23 Cal. App. 5th 1013 (2018) (successfully vacated $3 million judgment against client)

Admissions

California
Connecticut
Massachusetts
United States Patent and Trademark Office
U.S. District Court, Southern District of California
U.S. District Court, Central District of California
U.S. District Court, Eastern District of California
U.S. District Court, District of Connecticut
U.S. Court of Appeals for the Ninth Circuit

Community Involvement

Former Adjunct Professor, University of San Diego School of Law

Publications

• "Second COVID Relief Bill Brings Relief to Trademark Plaintiffs, Expressly Restoring Presumption of Irreparable Harm to Trademark Cases," GRSM' IP Blitz, (February 11, 2021).
• "SCOTUS: Willfulness Not Required for Trademark Infringement Plaintiff to Recover Defendant’s Profits," GRSM' IP Blitz, (April 29, 2020).
• "Damages in Trademark Infringement: Is Willfulness Required for Defendant’s Profits?," GRSM' IP Blitz, (July 25, 2019).
• "SCOTUS: AIA Does Not Limit Long-Standing "On Sale" Bar Precedent," GRSM' IP Blitz, (February 6, 2019).
• "Protecting "The Thought That We Hate," GRSM' IP Blitz, (July 25, 2017).
• "National Marks: Who Owns the Trademarks to America's Famous Landmarks," GRSM' IP Blitz, (October 12, 2016).
• "A Lasting Impression: Federal Circuit Credits Own Precedent More Than Recent Supreme Court Authority," GRSM' IP Blitz, (April 1, 2016).