FacultyFaculty/Author Profile
Frances Marshall

Frances Marshall

United States Department of Justice
Senior Counsel for Intellectual Property, Appellate Legal Section, Antitrust Division
Washington, DC, USA


Frances Marshall is currently Senior Counsel for Intellectual Property in the Appellate Section of the Antitrust Division at U.S. Department of Justice where she represents the Division in appellate matters. 

From 2002- January 2017, she was Special Counsel for Intellectual Property in Legal Policy Section.  In this role, she advised the Antitrust Division on matters in which competition and intellectual property law and policy intersect both domestically and internationally.  From November 2012- January 2017, she was Assistant Chief of the Division’s Legal Policy Section, which advises the Division about policy and legislative matters more broadly, including providing analysis of complex antitrust matters, developing and supporting the Division’s legislative programs, conducting long-range planning projects and programs of special interest to the Assistant Attorney General, and a engaging in advocacy to advance competitive principles with federal and state entities. 

Ms. Marshall speaks frequently on IP-antitrust issues and has taught antitrust law as an adjunct professor.  Most recently, she has written a chapter on U.S. Antitrust Aspects of FRAND Disputes in Cambridge Handbook of Technical Standardization Law, Vol. 1: Antitrust and Patents (Jorge L. Contreras, ed., forthcoming 2017 (New York: Cambridge Univ. Press) with Renata Hesse.

Before joining the Antitrust Division in 1994, Ms. Marshall was an Attorney-Advisor in the General Counsel=s Office at the U.S. International Trade Commission and worked in private practice.  She clerked for the Honorable Raymond C. Clevenger, III of the U.S. Court of Appeals for the Federal Circuit from 1991 to 1993.

Ms. Marshall received her law degree from the University of California, Berkeley, School of Law in 1988, after graduating magna cum laude and Phi Beta Kappa from Carleton College and spending two years in West Africa as a Peace Corps volunteer. While at Berkeley Law, she was Managing Editor of the International Tax and Business Lawyer.

Ms. Marshall is admitted to the bars of California, the District of Columbia, the Court of International Trade, the U.S. Court of Appeals for the Federal Circuit, and the U.S. Supreme Court.

Frances Marshall is associated with the following items:
CHB Chapters  CHB Chapters Antitrust Guidelines for the Licensing of Intellectual Property, Issued by the U.S. Department of Justice and the Federal Trade Commission (January 12, 2017) - Patent Law Institute (11th Annual), Monday, May 01, 2017
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