Marshall, Gerstein & Borun LLP

Representative Experience

Dr. Pendleton has represented clients in diverse areas of technology, including:

• Biotechnology
• Materials science
• Electronics and Computer Technology
• Pharmaceuticals
• Consumer Products
• Mechanical Devices

Background and Credentials

Dr. Pendleton obtained his J.D., with honors, in 2004 from The University of Chicago Law School, where he was the Class of 1951 Scholar.  He was awarded a John M. Olin Fellowship in Law and Economics, was a semifinalist in the Hinton Moot Court Competition, won the Thomas R. Mulroy Prize for Appellate Advocacy, and served on the staff of the Chicago Journal of International Law.

Dr. Pendleton was selected for inclusion in the 2012 and 2013 Illinois Rising Stars^® lists, featuring outstanding young attorneys in the state.

Dr. Pendleton earned his Ph.D. in Microbiology from the University of Texas at Austin.  His research focused on the mechanism of transformation caused by the v-rel oncoprotein expressed by reticuloendotheliosis virus strain T, and involved the isolation and characterization of transcription control elements in the promoter of ch-IAPI, an inhibitor of apoptosis.  He received his undergraduate degree in Biology from The University of Houston, magna cum laude, where he was a National Merit Scholar.

Publications and Speeches

• "Federal Circuit’s clarification of joinder rules in patent cases may help some defendants." InsideCounsel, May 29, 2012.
• "2 key points to guide claim constructions for lay juries." InsideCounsel, May 1, 2012.
• "3 simple steps to avoiding sanctions under 35 U.S.C. § 285." InsideCounsel, April 3, 2012.
• "Defining 'facts and circumstances,'" InsideCounsel, March 1, 2012 (featured quotes).
• "Don’t feed the patent trolls."  InsideCounsel, February 21, 2012.
• "Return of the Son of the Bride of Falsemarking-stein!" InsideCounsel, January 24, 2012.
• "You Can't Always Sue Delaware-Incorporated Companies in Delaware." InsideCounsel, December 27, 2011.
• "Your Employees Could Unknowingly Sign Away Innovation Rights." InsideCounsel, November 29, 2011.
• Dr. Pendleton was co-author of a peer-reviewed scientific publication on his graduate research and authored “The Peculiar Case of 'Terminator’ Technology: Agricultural Biotechnology and Intellectual Property Protection at the Crossroads of the Third Green Revolution” for the February 2004 issue of Biotechnology Law Report.

Community and Professional Involvement

• Member, Trial Bar for the Northern District of Illinois
• Member, Intellectual Property Law Association of Chicago
• Member, Illinois State Bar Association

Representative Matters

• Life Technologies v. Illumina (for Illumina; D. Del.)
• Applied Biosystems v. Illumina (for Illumina; N. D. Calif.)
• Amgen Inc. v. F. Hoffmann-La Roche LTD (for Amgen; D. Mass.)
• Applied Research Systems ARS Holding, N.V. v. Cell Genesys, Inc. and Transkaryotic Therapies, Inc. (for ARS Holding; D. Mass.)
• Gillespie v. Dywidag Systems Int’l USA (for Dywidag Systems Int’l; D. Utah)

Short Biography