Mark P. Wine, a partner in Orrick’s Orange County office, is a member of the Intellectual Property Group. Mark is a trial lawyer with extensive experience in all aspects of intellectual property litigation on behalf of clients in a broad spectrum of technology, business and industry. Mark is also an experienced mediator of intellectual property disputes. He has been in private practice for 40 years and has represented clients in contested intellectual property matters in more than 20 states.

Mark has significant jury trial experience. He has litigated more than 25 jury trial matters to a verdict in federal and state courts across a wide range of substantive matters including general commercial and trade secret disputes in addition to patent and trademark matters.

Mark’s intellectual property litigation experience includes all phases of discovery, prior art research, pretrial, jury and bench trial work, post-trial motions and appeals before the Fourth, Seventh, Eighth, Ninth and Federal Circuits, and he has represented clients before the International Trade Commission (ITC) in Section 337 proceedings.

Recently Mark, as lead counsel, obtained a very favorable settlement for a European company that manufactures cutting edge proton beam therapy systems for use in treating tumors in the course of patent infringement litigation that had been pending for more than five years. Mark’s team succeeded in invalidating two of the five patents asserted against their client on summary judgment and successfully defended that outcome in the Federal Circuit. The case settled just before trial on remaining issues. The settlement amount represented approximately one-half of one percent of the amount originally demanded in the plaintiff's complaint.

In addition, Mark has defended one of the world's leading consumer electronics manufacturers in patent infringement litigation involving plasma screen displays. The case involved claims and counterclaims covering 16 patents and was settled favorably following an intensive discovery and claims construction battle.

  • Over the past four years, Mark has appeared in numerous cases in the Eastern District of Texas for a number of Fortune 500 companies. All of those matters have been successfully resolved short of trial.

    Mark is a frequent speaker and author on intellectual property topics. While in law school, Mark served as Notes and Comments editor on the Iowa Law Review.

  • Mark's Other Representative Experience:

    • Lead trial counsel for the world's largest automobile manufacturer in patent infringement litigation involving Web site design and functionality.
    • Lead trial counsel in a patent infringement litigation in multiple venues involving a computer peripheral manufacturer, which was settled favorably after the validity of the opponent's patents was seriously put into question.
    • Lead trial counsel in a complicated trade secret and copyright infringement case involving medical software.
    • Lead trial counsel in a patent infringement litigation pending in several locations in the United States for a Taiwanese software manufacturer on laser printer software.
    • Lead trial counsel in a patent infringement litigation on behalf of a Taiwanese electronics manufacturer which resulted in a favorable settlement following extensive discovery in Asia and Europe to determine issues of patent priority.
    • Lead trial counsel in a patent, trademark and copyright litigation matter on behalf of an international office product supply company regarding design and marketing of toner cartridges; settled favorably at mediation.
    • Lead trial counsel in a patent infringement jury trial involving passive responder technology in which a stipulated seven figure judgment was negotiated following favorable jury verdict on infringement.

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