Marc J. Pensabene

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Marc J. Pensabene — Patent Litigation Snapshot

Focus and technology areas. Pensabene is an intellectual property trial litigator at O'Melveny & Myers, based in the New York office, with a background in electrical engineering (B.E., SUNY Stony Brook). His practice centers on computer, consumer electronics, and mechanical technologies: computer hardware and software, digital and wireless communications standards, image and video processing (including H.265/HEVC), graphics processors, flat panel displays, semiconductor manufacturing, e-commerce/trading systems, and medical devices and surgical tools. The tracked matters align with that profile — video streaming (VideoShare/Google-YouTube), Wi-Fi and standards-related consumer electronics, and personal-care/surgical devices (the Hyper Ice–Therabody litigation). His firm bio also lists pharma/ANDA work (breast cancer and HIV/antiretroviral patents) and mechanical/automotive matters, though those are less evident in the tracked docket.

Side preference. He is almost entirely a defense-side litigator: 8 of his 9 tracked appearances are for defendants, overwhelmingly operating companies (Samsung and affiliates, Google/YouTube, Therabody). The single plaintiff-side entry is Samsung Electronics America v. Network-1 Technologies, where Samsung was the affirmative filer in a related declaratory/appeal posture — so it does not reflect NPE/PAE-side assertion work. Net effect: he defends technology companies accused of infringement rather than pursuing infringement claims for patent monetizers.

Firm context. Pensabene spent the bulk of his tracked career at O'Melveny & Myers, which accounts for 8 of 9 appearances listed. Before O'Melveny he was a partner at Fitzpatrick, Cella, Harper & Scinto, which he left with two other IP partners (Lisa Barons Pensabene and Filko Prugo) to join O'Melveny's New York IP group. He is not in-house; the "in-house" category does not apply.

Notable matters and outcomes. His most prominent verifiable result is VideoShare, LLC v. Google LLC (W.D. Tex., Judge Albright), where O'Melveny represented Google/YouTube and the court in May 2025 set aside a ~$26 million jury verdict as a matter of law on non-infringement (Law360; RPX). He has also appeared for Samsung in Netlist Inc. v. Samsung Electronics (C.D. Cal.) and in a long-running inter partes review campaign against Acorn Semi, and for Therabody in the Hyper Ice patent disputes. Firm-listed highlights include a summary judgment of invalidity on all asserted claims for a computer-company client in a remote-application-services case, a no-damages jury verdict in a flat-panel licensing dispute, and dismissal of an E.D. Tex. action followed by settlement.

PTAB / IPR experience. This is a substantial part of his practice, not an occasional one. He is registered before the USPTO (Reg. No. 37,416) and appears as lead PTAB counsel on numerous Samsung petitions, including IPRs directed to image processing (IPR2017-00353), semiconductor technology (IPR2020-01279, Acorn Semi; IPR2022-00251), and a 2025 Samsung challenge to Ouraring smart-ring patents, plus post-grant review work for Therabody (PGR2025-00026). He also litigates Federal Circuit appeals.

Bar and education (sourced). Admitted in New York (1995); J.D., Brooklyn Law School (cum laude, 1994); B.E., Electrical Engineering, SUNY Stony Brook (1991). Chambers USA Band 5, Intellectual Property: Patent (New York, 2026). Details on admissions beyond New York, the Federal Circuit, and the USPTO are drawn from older directory listings (Fitzpatrick-era) and should be re-confirmed before reliance.