Orrick Partner Authors Groundbreaking Treatise on AI Litigation Impact and Future

July.11.2022

Partner Mark Davies today published a treatise, Artificial Intelligence: Law & Litigation, that provides an unprecedented examination of how AI and its impact on new technologies is fast becoming the new frontier in litigation.

“American litigation resolved disputes concerning the light bulb, the airplane, and the world wide web,” Mark writes. “AI is next.”

Mark is a member of Orrick’s Supreme Court and Appellate practice and part of our holistic approach to advising clients on a full-range of AI-related issues, including IP, data protection and for tech companies in all stages of the AI supply chain. Mark’s book details how AI-related litigation is already exploding across a wide array of practice areas, from antitrust and IP to privacy and employment. As a result, Mark describes his treatise as a “judicial approach” to AI litigation strategy, breaking out subjects by practice to offer a guide to understanding key applicable statutes and precedent.

Will AI overtake us?” Mark writes in his introduction. “As Supreme Court Justice Elana Kagan recently put it while criticizing the use of machine learning in determining voting districts, “someplace along this road, ‘we the people’ become sovereign no longer.” A final chapter uses the Emotional Intelligence moniker to bring attention to alternative judicial reactions to the power of AI. My hope in preparing this book is that together we can bring the necessary confidence to decision-making.

Authors

Mark Davies Partner, Supreme Court & Appellate, Propriété intellectuelle

Washington, D.C.

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D:+1 202 339 8631
E: [email protected]

Practice:

Supreme Court & Appellate
Propriété intellectuelle

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Mark Davies Partner

Washington, D.C.

Mark is a highly successful appellate lawyer who has argued and briefed many cases, both in private practice and government. Mark has argued 50 appellate cases, including multiple arguments for one of the world’s leading high-technology companies. He has handled many appeals for Asian and European companies in U.S. courts, including challenges to International Trade Commission actions. He has represented, often repeatedly, companies such as Bosch, Cisco, EMC, Emerson, Ericsson, Fujitsu, Harmon, Honda, Intel, MediaTek, Microsoft, Nintendo, Nvidia, Oracle, Solar City, Sonos, Tesla, TSMC, VeriFone, Vizio, and others. And, he regularly helps defeat non-practicing entities such as Intellectual Ventures, IP Bridge, and Uniloc Corporation.

Legal 500 reports, “prominent in the high-tech field, Mark Davies…is praised for his ‘unparalleled Federal Circuit experience.’” An interviewee noted that he “‘is an outstanding leader of their appellate teams, as well as a skilled and subtle advocate. He really knows the Federal Circuit. Mark also has the crucial ability to see both the big-picture forest and the technically-detailed trees at the same time, and to weave them all together into a compelling story on appeal.’”

Mark is ranked in Chambers USA for Nationwide Appellate Law and Nationwide Intellectual Property: Appellate. Chambers USA 2023 quotes an interviewee that said: "He knows the Court's history, what the best arguments would be, how to present them and how to frame the issues to maximize the chances of the Supreme Court accepting cert." Another interviewee said: "He is very responsive and thoughtful. He has a great presence, a strong command of the cases he's arguing and good rapport with judges."

Mark’s practice focuses on cutting-edge legal issues of particular importance to high-technology clients, including novel issues such as patent damages, standard setting, and artificial intelligence.

He is the author of the “user manual” for Federal Circuit appeals, Patent Appeals: The Elements of Effective Advocacy in the Federal Circuit (November 2017). His cases have involved virtually every area of patent law, as well as copyright, trade secret, and trademark law.

Mark is also the author of a legal treatise Artificial Intelligence: Law & Litigation (LexisNexis/Matthew Bender June 2023).

Mark appears frequently in federal district courts, serving as legal strategist in complex intellectual property cases. In high-stakes trials, he often leads ‘appellate eyes’ teams to set the stage for the inevitable appellate proceedings.

He also plays an active role in the development of U.S. technology policy and has represented clients at the Department of Justice, the Commerce Department, the Federal Trade Commission, the Patent and Trademark Office, and other government agencies. His amicus briefs on behalf of various technology clients are often cited in judicial opinions.

Mark also has a strong pro bono appellate practice, representing clients in the D.C. Court of Appeals, as well as the U.S. immigration and criminal systems. He is a member of the District of Columbia Court of Appeals Criminal Justice Act Panel.

Before joining Orrick, Mark served as a member of the Appellate Staff of the Civil Division at the U.S. Department of Justice (1999-2006), where he represented the U.S. Patent and Trademark Office, the Copyright Office, the International Trade Commission and other federal agencies before the Federal Circuit, other U.S. Courts of Appeals, and the U.S. Supreme Court. Mark also practiced with another major law firm appellate practice in Washington D.C.