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J.D., High Honors, Order of the Coif, Duke University School of Law, 1995 B.S., Economics, magna cum laude, Wharton School of the University of Pennsylvania, 1992
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Partner |
| Portland |
| Main 503-595-5300 |
| Fax 503-595-5301 |
| chris.carraway@klarquist.com |
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Practice Areas
Since 1995, Chris has focused his practice exclusively on Intellectual Property litigation, representing such clients as Microsoft Corporation, Amazon, Inc., and Turner Broadcasting System in patent litigation in federal courts nationwide. Chris has particular experience litigating patents involving computer software, computer hardware, video game technology, and e-commerce. He has argued at numerous claim construction and summary judgment hearings, and has argued a number of appeals before the Federal Circuit. Prior to entering private practice, Chris served as a law clerk to the Hon. William C. Bryson of the U.S. Court of Appeals for the Federal Circuit. Some of the federal courts where Chris has recently litigated include California (N.D.), Delaware, Massachusetts, Oregon, Texas (E.D., W.D.), Virginia (E.D.), and Washington (W.D.). |
Technical Expertise
Over the last few years, Chris has served as lead counsel on the following patent litigation cases (represented party underlined):
Big Baboon Inc. v. Hewlett-Packard Co. (C.D. Cal.): Leading defense team for Hewlett-Packard in multi-defendant case involving database system for end-to-end B2B commerce.
EMG Technology v. Microsoft (E.D. Tex.): Leading defense team for Microsoft in case involving transcoding of HTML-formatted web pages to XML format.
ADC v. Microsoft (W.D. Wash.): Leading defense team for Microsoft in case involving online distribution of videos and software. Litigation stayed pending reexamination of all five asserted patents.
Anascape Ltd. v. Microsoft (E.D. Tex.): Led defense team for Microsoft in 12-patent litigation involving Xbox game controllers, winning partial stay pending reexams and partial summary judgment of non-infringement and no willful infringement.
CRS v. Turner Broadcasting System (D. Del., W.D. Wash.): Led team for Turner Broadcasting System in patent case filed against it in Delaware and in declaratory judgment action filed in Washington, both involving online distribution of video game software. Settled favorably.
Motionless Keyboard Co. v. Microsoft (D. Or.): Led defense team for Microsoft and won summary judgment of non-infringement and invalidity of two patents asserted against Microsoft game controllers. Judgment of non-infringement affirmed on appeal. See 486 F.3d 1376 (Fed. Cir. 2007).
Sklar v. Microsoft (E.D. Tex.): Defended Microsoft in case relating to Windows user interface features.
Network Commerce v. Microsoft (W.D. Wash.): Led defense team for Microsoft and won summary judgment of non-infringement regarding patents relating to online media distribution. Judgment affirmed on appeal. See 422 F.3d 1353 (Fed. Cir. 2005). |
Bar Admissions
Washington, 2006
Oregon, 1996
Colorado, 1999 (Inactive) |
Court Admissions
U.S. Supreme Court
U.S. Court of Appeals, Federal Circuit
U.S. Court of Appeals, Seventh Circuit
U.S. District Court, District of Oregon
U.S. District Court, Eastern and Western Districts of Wisconsin
U.S. District Court, Western District of Washington |
Judicial Clerkships
Law clerk to the Honorable William C. Bryson of the United States Court of Appeals for the Federal Circuit, 1995-1996 |
Prior Professional Experience
Michael Best & Friedrich, LLP, Milwaukee, Wisconsin
Associate 1996-1999 |
Presentations and Publications
“Important Patent Cases of 2008,” Oregon State Bar’s 2009 Intellectual Property Year in Review Seminar, March 12, 2009
"Discovery Issues in Patent Litigation,” Practicing Law Institute (PLI), Patent Litigation 2006, 2007, 2008, 2009
"Reexamination of U.S. Patents: An Alternative (or Supplement) to Litigation," Chartered Institute of Patent Attorneys (CIPA), London, UK, February 13, 2008
"Markman Strategies from the Defense Perspective," Law Seminars Int'l, San Francisco, January 9, 2008
“Why Web Site Operators Must Comply with the Patent Marking Statute and How They Can Do So,” IPL Newsletter (ABA), Winter 2006 “In the Wake of Knorr-Bremse: Opinions of Counsel are as Important as Ever,” Practicing Law Institute (PLI), Patent Litigation 2005
"Practice Before the U.S. Court of Appeals for the Federal Circuit," Oregon Intell. Prop'y Law Ass'n, April 2004
"A Preview of Willfulness Law After the Federal Circuit's Knorr-Bremse Opinion," Oregon State Bar, Intell. Prop'y Section, May 2004
“International Protection for Trademarks Is Now Easier Under the Madrid Protocol,” Multnomah Lawyer, May 2004
"The Uncertain Future of Enforcing Patents Broadened through Reissue," 8 Federal Circuit Bar Journal 63 (1998)
"Offer to Sell Amendment Expands Forum Options for Patent Infringement Actions," National Law Journal, Jan. 26, 1998 at C8
"Color as a Trademark Under the Lanham Act," 57 Law & Contemp. Probs. 243 (Autumn 1994). |
Professional Activities
Associate Editor, Federal Circuit Bar Journal, 1998-present.
Member, Federal Circuit Bar Association, American Intellectual Property Law Association. |
| Articles Authored |
 Discovery Issues in Patent Litigation—2009 Update
July 2009
(J. Christopher Carraway)
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Foreign languages
French
Year Joined Firm
1999
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