Mark Davies is a partner in Orrick’s “marquee” Supreme Court and Appellate practice. He is located in the Washington, D.C., office.
Mark handles critical appeals in a wide range of areas, with a particular emphasis on representing high technology and other innovative clients. Legal 500 describes Orrick’s appellate practice as “display[ing] momentum in IP instructions, and is now one of the go-to firms for large corporate entities embroiled in the so-called ‘Smartphone wars’.” Mark’s book, Patent Appeals: The Elements of Effective Advocacy in the Federal Circuit (Oxford University Press, February 2008), has been called “the user manual” for Federal Circuit appeals. Mark also helps represent innovative companies with complex issues in high-stakes district court actions.
Mark led appellate teams in the following recent or pending matters:
Mark co-led appellate teams in the following recent or pending matters:
Mark’s recent district court matters include:
Mark’s pro-bono matters include:
Mark’s U.S. Department of Justice experience includes:
From 1999-2006, Mark was on the Appellate Staff of the Civil Division at the U.S. Department of Justice (DOJ), where he represented the U.S. Patent and Trademark Office, the Librarian of Congress, and various other federal agencies before the U.S. Court of Appeals for the Federal Circuit, other U.S. Courts of Appeals, and the U.S. Supreme Court.
At the DOJ, Mark argued cases in nine different appellate circuits, including several high-profile intellectual property appellate matters: Festo Corp. v. SMC Corp. (en banc) (prosecution history estoppel); Southco v. Kanebridge (en banc) (copyright of short phrases); and Program Suppliers v. Librarian of Congress (distribution of cable royalties). He also briefed other important intellectual property appellate cases, including Enzo v. Gen-Probe (written description); Eli Lilly v. Washington (interference proceeding); and Kay Berry v. Taylor Gifts (copyright registration).
In addition while at DOJ, Mark played a key role in four Supreme Court merits matters that involved intellectual property: Merck KG v. Integra Lifesciences (safe harbor for drug testing); Traffix Devices, Inc. v. Marketing Displays, Inc. (trade dress infringement); Moseley v. V Secret Catalogue (trademark dilution); and Dastar Corp. v. Twentieth Century Fox (Lanham Act). Mark also helped prepare the Solicitor General’s response to six requests for views by the Supreme Court in intellectual property matters: Fin Control v. Surfco (combination patents); Honywell v. Hamilton (doctrine of equivalents); Micrel v. Linear Technology (on-sale bar); Monsanto v. Bayer (bona fide purchaser sublicensee); SmithKline v. Apotex (novelty); and Jazz Photo v. Fuji (representing the International Trade Commission).
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