Boston
As a trial lawyer, Mark excels at handling accelerated, complex cases. For example, as lead counsel for New Balance, Mark won a swift six-month International Trade Commission (ITC) investigation concerning claims of trade dress infringement. And, as lead plaintiff counsel for Explorica in a trademark case, he won a jury verdict just ten weeks after filing the complaint. During that short span, the parties engaged in complete discovery, including taking and defending numerous fact and expert depositions. Clients routinely ask him to take over matters at the close of discovery, prior to trial, or on remand, which presents unique challenges and time constraints.
He is also skilled at explaining complex concepts and technology to judges and juries in a persuasive, intelligible style. For example, in the high-profile Supreme Court case ABC v. Aereo, he led the trial and appellate team’s presentation of the key technology. That presentation was the basis of the trial court’s denial of a preliminary injunction, and the Second Circuit’s affirmance of that decision.
Mark draws upon his litigation experience to help clients anticipate and avoid legal issues related to new technologies and brands. Mark has advised numerous technology and media companies on the creation, use, and delivery of content and helped clients assess whether their products will withstand investor and competitor scrutiny. He also has significant experience advising on branding and re-branding projects, including private brand or store brand clearance and risk assessments.
Mark’s exceptional record has earned him praise as a problem solver from client and peer surveys. Most recently, Chambers USA described him as "extremely skilled and effective." World Trademark Review 1000 has called him “intelligent, thoughtful and client-oriented” and “incredibly impressive.” The Legal 500 has described him as a “smart, creative” trial lawyer who “anticipates everything.” And in 2016, IP Law360 named two of his cases among the top ten trademark decisions of the year.
沙加缅度
Clients facing complex branding decisions or allegations of IP infringement rely on Seth for his innovative counsel and strategic thinking. With a robust background in both litigation and IP prosecution, Seth not only understands when and how to pursue an aggressive enforcement strategy but also empowers his clients by clearly explaining their options and guiding them toward the most effective solutions.
Over the past decade, Seth has successfully secured registrations and resolved trademark and copyright disputes for a diverse array of clients in industries such as aerospace, entertainment, gaming, software, technology, digital media, artificial intelligence, and retail. He has represented clients before the U.S. Patent and Trademark Office, in federal court, and in state court. Additionally, Seth has authored numerous widely-read articles and newsletters on a variety of legal topics, including intellectual property and sports law.
Seth is named in the 2024 and 2025 editions of the Best Lawyers: Ones to Watch® in America for his exceptional work in Intellectual Property Law.
Before embarking on his legal career, Seth served as an officer in the U.S. Air Force and as an agroforestry volunteer in El Salvador with the U.S. Peace Corps.
杜塞尔多夫
He advises clients on intellectual property law, in particular in the context of IP license or assignment agreements, R&D collaborations, mergers and acquisitions or venture and other strategic transactions that involve the commercialization of IP.
Simon also advises clients on strategic IP protection and enforcement, in particular in the field of patent, trademark and copyright law.
Prior to joining Orrick, Simon was a trainee lawyer with three renown international law firms as well as with the German Federal Cartel Office.
Washington, D.C.
Washington, D.C.
He currently is national coordinating counsel for a major oil company in connection with its climate change litigation. He previously served as co-lead counsel to a major international pharmaceutical manufacturer in the defense of nationwide litigation challenging industry pricing practices.
Rob’s experience includes extensive work in antitrust and False Claims Act cases, claims alleging fraud, and agency enforcement actions. His pharmaceutical industry activities include service as outside counsel to and Corporate Secretary of the Pharmaceutical Security Institute, Inc., the industry’s not-for-profit trade organization dedicated to the fight against pharmaceutical counterfeiting.
He is Managing Editor of The World in U.S. Courts, Orrick’s quarterly review of court decisions addressing personal jurisdiction over non-U.S. parties and the extraterritorial application of U.S. law to global business and cross-border activities.
Rob also served two terms on the District of Columbia Bar’s Pro Bono standing committee. Before joining Orrick, he was a partner in Hughes Hubbard & Reed LLP and Clifford & Warnke, in Washington, D.C.
New York
Lindsay has experience with trade dress and trademark litigation in federal district courts, trademark proceedings before the International Trade Commission, and cancellation and opposition proceedings before the Trademark Trial and Appeal Board. She also has extensive experience with copyright litigation before the federal district courts, trademark prosecution and clearance, domain name monitoring, and Uniform Domain-Name Dispute Resolution Policy (UDRP) matters.
Prior to joining Orrick, Lindsay attended Columbia Law School where she participated as a student editor for the Columbia Journal of Law & the Arts.
旧金山
Clem acts as lead counsel for companies of all sizes across a broad range of industries. He has lead cases dealing with machine learning and AI, medical devices, network security, pharmaceuticals (both Hatch Waxman and competitor cases), video games, battery chemistry, consumer electronics, blockchain and other payments systems, streaming video, ticketing systems, telecommunications, and many more.
Clem has an active trial practice. In 2023 alone, Clem acted as lead counsel for teams that won two jury verdicts, three ITC proceedings, and numerous IPRs and dispositive motions.
Clem has been recognized in the Daily Journal’s list of the top 75 IP Litigators in California. In the latest Chambers USA rankings, clients note he is a “very persuasive advocate who knows the law inside out and is able to get to the heart of the issue very quickly.“ Managing Intellectual Property described him as a “highly respected litigator in the California IP market and beyond.” Intellectual Asset Management’s Patent 1000 notes he is a “commercially savvy first-chair trial lawyer,” a “tenacious, pragmatic litigator who excels at finding innovative solutions,” “one of the best writers anywhere” and a “fantastic negotiator.”
Current clients include Sonos, Take-Two, Johnson & Johnson, Altice, Roblox, Go1, Checkpoint, RingCentral, Smart Contract, Hisense and Only Fans.
Clem serves on Orrick’s Management Committee and formerly served as head of the firm’s 100-lawyer IP practice.
Clem also maintains an active pro-bono practice focused on environmental impact litigation. He lives in Marin and spends his free time cycling around Mt. Tam.
New York
New York
Kaitlyn is experienced in Hatch-Waxman litigation and inter partes review proceedings, including disputes involving drug treatments for cancer, therapeutic antibodies, and medical devices. Kaitlyn also has significant experience in IP due diligence and licensing associated with high-profile acquisitions.