With a background in computer science, Ross handles all facets of intellectual property procurement, counseling, and enforcement. In addition to working on thousands of software patent prosecution matters, Ross has extensive experience with contentious patent, copyright and trademark matters, including litigation, counseling and licensing, for companies in virtually every industry, including video games, software development, automobile parts and manufacturing, healthcare, medical devices, and craft brewing. Ross has also led numerous copyright litigations defending firm clients from accusations of infringement by performance rights organizations (e.g., ASCAP) and other copyright enforcement entities.
Ross, a lifetime fellow of the American Bar Foundation, is a recognized leader in video game intellectual property issues. He is an adjunct professor of Copyright Law and Video Game and Immersive Entertainment Law; the founder and editor-in-chief of the PatentArcade.com legal blog; editor and principal contributor of The American Bar Association’s Legal Guide to Video Game Development; editor of The American Bar Association’s Computer Games and Immersive Entertainment: Next Frontiers in Intellectual Property Law; and founding chair of the American Bar Association’s IP Section Committee on Computer Games and Virtual Worlds. He also serves on the editorial board for the Interactive Entertainment Law Review (IELR), and has been a member of the Video Game Bar Association since its inception.
“Experienced in all facets of computer science, Ross has carved a niche in the video gaming world, setting high scores with his work, even when faced with fiendish levels of difficulty.” – IAM Patent 1000
Having obtained a patent of his own, Ross has prepared and/or prosecuted thousands of patent applications for others over his 20+ year legal career. He has patent experience with user-interfaces, mobile apps, web services, APIs, Internet routing and networking, blockchain, cryptocurrency, video game, telecommunications, embedded systems, and a multitude of other computer software-related technologies.
Ross’ clients include multinational software, networking, and telecommunications companies, multiple video game companies having user bases of over 20 million users, video game developers and publishers of various sizes, and emerging technology companies.
Georgia Institute of Technology
1994, B.S., Computer Science
The George Washington University Law School
- 2000, Virginia
- 2001, District of Columbia
- District of Columbia Court of Appeals
- Superior Court of the District of Columbia
- Supreme Court of Virginia
- U.S. Court of Appeals for the Federal Circuit
- U.S. Court of Appeals for the Fourth Circuit
- U.S. District Court for the Eastern District of Virginia
- U.S. Patent and Trademark Office
- U.S. Supreme Court
- Named an “IP Star” by Managing Intellectual Property, 2013-2022
- Recognized for his patent prosecution work, IAM Patent 1000: The World’s Leading Patent Professionals, 2013-2023
- Named to “Washington D.C. Super Lawyers,” Super Lawyers, Thomson Reuters, 2013-18
Since 2011, Ross has led the Banner Witcoff team that represents Citrix Systems in various intellectual property matters, including patent prosecution, portfolio management and counseling matters. The firm handles a significant portion of Citrix’s patent prosecution matters and has secured patents in a number of different technologies, including remote desktops, virtualization, enterprise mobile security, online meeting and messaging applications, as well as design patent matters. Represents a unicorn software startup in all intellectual property matters, helping to assess patentable inventions based on its innovative scalable distributed simulation management architecture, and develop a worldwide portfolio of patents, copyrights, and trademarks. Lead the firm’s ongoing representation of a major video game developer and publisher in patent prosecution, portfolio management, counseling and litigation. Helped the client quickly develop an initial portfolio of 20-plus video game patents in a number of different technologies, including user input techniques, user training, player matchmaking, and in-game features for its award winning and internationally successful franchise games. Represented a regional craft brewery in a Trademark Trial and Appeal Board (TTAB) opposition proceeding, successfully defending its house mark against a third party claim of seniority, resulting in the third-party changing its name outright after a favorable decision following trial. Secured favorable outcomes in several other disputes regarding the brewery’s house mark to lock down nationwide rights to the name, as well as other matters regarding individual beer names.