Partner,
Gorman & Williams, Baltimore, Maryland/Washington, D.C.
Admitted
to Practice: United States Supreme Court; United States Court of
Appeals for the Fourth Circuit; United States Court of Appeals for the
Federal Circuit; District of Columbia Court of Appeals; United States
District Court for the Districts of Maryland and the District of
Columbia; Maryland Court of Appeals.
Emphasis
on: Business litigation; Insurance Regulatory; Patent Litigation;
Federal Civil litigation; Intellectual Property litigation;
Entertainment law.
EDUCATION
Georgetown
University School of Foreign Service - B.S.F.S. 1963
Major: Foreign Trade; Economics
Georgetown
University Law Center - J.D. 1969
Editor, Georgetown Law Journal
SELECTED
COURT CASES
Juan
Pizzorno v. L-Soft International Inc., et. al., United States
District Court for the District of Maryland (2007) (judgment for
$5.1 million for copyright infringement damages after two week
jury trial) (appeal to 4th Cir. noticed).
Paul J. MacKoul v. Capital Women's
Care, LLC, Court of Special Appeals of Maryland (2007)
(successful appeal reversing circuit court judgment against physician
based on liquidated damages provision in a restrictive covenant)
Bi-Tech
North Inc. v. Lockheed Martin Corporation, 129 Fed. Appx. 9, 2005
U.S. App.
LEXIS 4026, 2005 WL 564154 (4th Cir.) (summary judgment in contract suit
involving performance of condition precedent affirmed), aff'g 2004 WL
3681614 (D. Md.).
Robinson
v. New Line Cinema Corp., 2000 WL 380124, 211 F.3d 1265, 59
U.S.P.Q. 2d 1150, 2000 U.S. App. LEXIS 6848 (4th Cir. 2000), rev’g 42
F. Supp. 2d 578 (1999) (successful copyright infringement suit
involving movie "Set It Off") and 57 F. Supp.2d 211 (D. Md. 1999)
(statutory attorney’s fee claim under Copyright Act).
State
of Florida v. Huggins, Circuit Court for Montgomery County (2006)
(civil subpeona duces tecum successfully obtained and served on
America's Most Wanted television show for aired programming in capital
punishment case.)
Innovation
USA v. A. Diamond d/b/a, The Futon Shop, (Dist. Md. 2003)
(successful motion to dismiss based on lack of personal jurisdiction
over California-based website owner).
O’Well
Novelty Company, Ltd. v. Offenbacher, Inc., 55 U.S.P.Q.2d 1828,
2000 U.S. Dist. LEXIS 18526 (4th Cir. 2000), aff’g 52 U.S.P.Q.2d 1020
(1999) (jury trial in copyright infringement suit), 49 U.S.P.Q. 2d 1576
(1998).
Zervitz
v. Hollywood Pictures, et al., U.S. District of Md., (Federal court
jury trial involving copyright infringement and misappropriation suit
involving the movie "The Air Up There") 989 F. Supp.727 (1995), 995 F.
Supp. 596, 44 U.S.P.Q. 2d 1616 (1996).
Lombard
Securities Incorporated v. Thomas F. White & Co., Inc., (Motion
to compel arbitration in trademark dispute between NASD members) (1995).
Bowles
Fluidics Corp. v. Balkamp, et al.,(Federal court patent
infringement litigation resulting in injunction against Defendants)
(1995).
Model
Products, Inc. v. McDaniel, R.C., (successful Federal court jury
patent infringement trial involving utility patents and one design
patent)(1993).
United
Cable Television of Balt. Ltd. Part. v. Burch, 732 A.2d 887, 1999
WL 366606 (Md. 1999)(challenge to liquidated damage provision of a
cable television subscription contract).
Leading
Edge Technology, Inc. v. Sun Automation Inc., (successful Federal
court jury trial involving patent infringement, invalidity, and
inequitable conduct on four patents with eight independent claims) 23
U.S.P.Q. 2d 1161 (1990-92).
Chesapeake
Fiber Corporation v. Sebro Packaging Corp., (Federal court
litigation involving competing claims of ownership to a U.S. patent).
23 U.S.P.Q. 2d 1522 (1992).
Merrill
Lynch Realty v. Chris Coile, 1988 (State court jury trial involving
trademark validity and infringement) (1988).
Unidisco,
Inc. v. Schattner, (Federal court jury trial involving patent
infringement and invalidity; successful appeal to the Court of Appeals
for the Federal Circuit; writ of certiorari proceedings in the U.S.
Supreme Court) (1980-1988) 231 U.S.P.Q. 593 and 824 F.2d 965.
Saft
America, Inc. v. Watson, (Federal court litigation involving trade
secrets and patents on battery technology)(1982-1986) 672 F.2d 224.
GENERAL
EXPERIENCE
Business
and commercial litigation in federal and state courts since 1970.
Extensive and varied. Jury and non-jury. Arbitrations as counsel and as
arbitrator. Criminal matters also. (List attached).
Appellate
work in federal and state courts, including amicus and certiorari
briefs in the United States Supreme Court; briefs and oral arguments in
United Court of Appeals for the Fourth Circuit and in the Court of
Appeals of Maryland. (List attached).
Regulatory
representation before the Maryland Insurance Administration.
Adjunct
Faculty, University of Baltimore School of Law (1978-present) Maryland
Civil Procedure, (International Trade Law, Alternate Dispute
Resolution Litigation Process; Maritime Law); University of
Maryland Law School (International Trade Law) (1991).
Lecturer,
Judicial Institute of Maryland (2003- ); Republic of China (International
Trade Law) (1990 - 2004).
Law
Clerk to former Chief Judge Roszel C. Thomsen United States District
Court, District of Maryland
Contracts
Examiner, Department of Commerce, Washington, D.C.
Commissioned
Officer, United States Army
PROFESSIONAL
RESPONSIBILITIES
Fellow,
American College of Trial Lawyers
Chair,
Intellectual Property Committee, Maryland State Bar Association
(1998-2000)
Ethics
Committee, Baltimore City Bar Association (2005, 1976-1978)
Professional
Liability Underwriters Society
Maryland
State Bar Lee Caplan Pro Bono Award Recipient, 2005
Lecturer,
Judicial Institute of Maryland (2003)
Legislative
Spokesman for MSBA International Commercial Law Section on HB528
(Maryland International Commercial Arbitration Statute) (1990)
Maryland
State Bar Association, Board of Governors(1984-1986); Program Committee
(1989-1995)
Maryland
Patent Law Association
International
Bar Association (1982-1994)
American
Bar Association (Litigation, Patents/Trademarks, and International Law
Sections)
District
of Columbia Bar Association
Arbitrator,
American Arbitration Association
Board
of Directors, Hoffberger Center for Professional Ethics (1994-1999)
Chairman,
Stevedoring and Terminal Operations Committee, Maritime Law Association
of the United States (1972-1982)
Federal
Bar Association (1977-Present)
COMMUNITY
AND POLITICAL ACTIVITIES
Board
Member and Counsel, Immigration Outreach Service Center (2002-present)
State
Counsel (Maryland), Clinton Presidential Campaign (1992 and 1996)
General
Counsel, Maryland Democratic Party (1985-1989, (1993-1994)
Advisory
Committee, St. Ambrose Housing Aid Center, (1990-2004)
Chairman,
Waxter For Comptroller Campaign (1987)
Chairman,
Baltimore City Democratic Central Committee (1974-1978)
President,
Third District Citizens For Good Government (1978-1980)
President,
Original Northwood Association (1998-1999)
President,
St. Matthew's Athletic Association (1978-1982)
Member
of the Board of Corporators, St. Matthew's Church (1978-1990)
Member,
NAACP (1989-Present)
PUBLICATIONS
"Evolving
Standards of Care -- Technology Meets Professional Responsibility",
Great American Insurance Co., Professional Liability Division (2005).
"Local
Counsel - Duties and Responsibilities" (2000)
"The
Petition to Exhume John Wilkes Booth -- A View From the Inside," U.B.
Law Forum (1997)
Report
on the 2006 Consumer Electronics Show (co-authored with Michael S. Yang)
"Resolving
Trade Disputes At The New World Trade Organization," Maryland Bar
Journal, 1996
"The
Fast Track on Gatt," The Washington Times, July (1994)
"Toppling
Trade Barriers to Trade In Insurance Services," Risk Management,
October 1993
"The
Maryland International Commercial Arbitration Act," 16 Md. J. Int'l Law
& Trade 183 (1992)
"The
Law of Intellectual Property in The 1990s" (1994)
"The
Maryland International Commercial Arbitration Act," Md. J. Int’l Law
& Trade (1993)
"Revised
U.S. Trademark Law Became Effective Last Week," The Daily Record,
November 21, 1989
"Arbitration
Act Makes Maryland Attractive For Settling [International Commercial]
Disputes," The Daily Record, June 6, 1990
"Intellectual
Property and International Trade," October 23, 1989p>"Indemnity and
Contribution Under Maritime Law," Tulane Law Review, Vol. 55, No. 4,
June, 1981
"Exculpatory
and Limitation of Liability Provisions in Terminal Operator Tariffs,"
13 J. Mar. L.& Com. 407-454 (1982)
Ryan
Indemnity in Maritime Property Damage Case: What of Proportionate
Fault?", 8 U.of Balto.Law Rev. 42-69 1978); 10 J. Mar. L. & Com.
325-348 (1979)
"Maryland's
Federal Courthouses," The Maryland Bar Journal, June, 1976
REPRESENTATIVE
LIST OF TRIAL AND APPELLATE EXPERIENCE OF FRANCIS J. GORMAN
Business
and Commercial
United
Cable Television of Balt. Ltd. Part. v. Burch, 732 A. 2d 887, 1999
WL
366606 (1999)(challenge to liquidated damage provision of a cable
television subscription contract).
Blumenthal
Kahn v. Bethlehem Steel Corporation, 120 Md. App. 638 (1998)
(contract dispute).
Kline,
et al v. The Green Mount Cemetery, Court of Special Appeals of
Maryland, 110 Md. App. 383, (Amended Petition to exhume the remains of
John Wilkes Booth) (1996).
Mostris
v. Akaras, Circuit Court for Prince George’s County (Non-jury trial
involving partnership/business ownership dispute) (1996).
John
Holland Ltd. v. Ellicott Machine Corp., U.S. District of Maryland
and Fourth Circuit (International litigation over enforcement of
foreign judgments) 995 F.2d 474 (1993).
South
Keys Associates v. Bethlehem Steel Corporation, U.S. District of
Maryland (Jury trial on sale and leaseback contract issues; post-trial
motions) (1990-1992).
Margaret
Lee v. SNB Investments, Inc., U.S. District of Maryland and Circuit
Court for Baltimore City (Pro bono representation of elderly homeowner
in fore-closure and home improvement fraud case; Truth-in-Lending Act)
(1990-1991).
Silverberg
v. Cohen, U.S. District of Columbia (Partnership dissolution and
receivership involving FCC cellular radio licenses) (1990-1991)
Vogel
v. Guardian, U.S. District of Maryland (ERISA litigation) 728 F.
Supp. 1210 (1990).
Barnes
v. Golden Petroleum, U.S. District of Maryland (Securities fraud)
(1984-1985).
Ottenritter
v. Shearson Lehman, U.S. District of Maryland and NASD arbitration
proceedings (Securities fraud) (1989-1990).
Bethlehem
Steel Corporation v. United States of America, U.S. District of
Maryland (Government contract litigation) 1986 AMC 103 (1986).
Eastern
Savings Bank v. Nardo, Court of Special Appeals of Maryland
(Banking) 584 A.2d 1301 (1991).
Easco,
Inc. v. Chicago Pneumatic and Tool Company, U.S. District of
Maryland (Corporate takeover litigation) (1977-1979).
Dyad,
Inc. v. Singer, U.S. District of Maryland (Jury trial on antitrust
issues) (1973-1976).
Interstate
Commerce Commission v. Baltimore & Annapolis Railroad, 398 F.
Supp. 454 (1975).
Celanese
Corporation v. Supervisor of Assessments for Washington County,
Maryland Tax Court (Property Tax Assessment Appeal) (1981).
Arbitrations
Hans
Christian Yachts, Inc., v. Miwon, International Chamber of Commerce
Arbitration (counsel in contract arbitra-tion in Hong Kong against
Korean manufacturer) (1988).
Undersea
Drilling Arbitration, Dallas, Texas (Member of AAA arbitration
panel) (1985-1986).
Miscellaneous/Criminal
United States v. [Name withheld]
, U.S. District of Maryland (criminal copyright infringement involving
X-Boxes and Playstations) (2005).
United States v. Katz,
U.S. District of Maryland (mail / wire fraud, money laundering,
bankruptcy fraud) (three jury tirals and appeal).
United
States v. Mello, U. S. District of Maryland (Jury trial on gambling
and conspiracy indictment against police officer) (1976).
Various
court appointments as defense counsel, including immigration (Klutse),
kidnaping (De Bardeleben), counterfeiting (Morrow), and
failure to file (Morris).
Representation
in connection with Grand Jury proceedings (1992).
