Mark represents high technology, automotive, aerospace and medical device clients in patent litigations, contentious patent office proceedings, and patent appeals.

Mark has twenty years of experience with all phases of patent litigation, including bench and jury trials in District Courts, and International Trade Commission (ITC) patent cases. Mark also has substantial experience with contentious proceedings in the Patent and Trademark Office, including inter partes reviews before the Patent Trial and Appeal Board (PTAB) and inter partes and ex parte reexaminations. Mark also has experience with patent appeals to the Federal Circuit from both courts and the PTAB.

Mark has also coordinated and supported foreign patent litigation and related patent office proceedings, including trials and appeals, working closely with patent litigation counsel in Canada, the United Kingdom, the Netherlands, Germany, France and Italy.

Over the course of his career, Mark has represented many large companies in patent litigation matters, including Airbus, Bosch, Boston Scientific, Deutsche Telekom, Kawasaki, Medinol, Olympus, Sony and Toyota, as well as many smaller companies.

Mark’s technical background is in engineering physics and his patent experience has involved a wide variety of technologies, including:

• automotive systems (laser cruise control systems, GPS navigation systems, acceleration sensors, airbag systems, blind spot monitoring systems, collision warning systems, lane departure warning systems, window pinch systems, media display systems)
• consumer electronic devices (DVRs, Blu-ray/DVD players, gaming consoles, TVs, cameras, video displays, smartphones)
• aircraft systems (hypoxic fire-suppression systems, aircraft cabin electrical systems)
• software (interactive video systems, user interfaces, online gaming systems, video surveillance systems)
• medical devices (coronary stents, endodontic instruments)
• analytic equipment (mass spectrometers, high-throughput experimentation equipment)

Mark previously was a partner at Kenyon & Kenyon and Andrews Kurth Kenyon. Early in his career, before joining Kenyon, Mark was a corporate lawyer at Sullivan & Cromwell. Prior to that, Mark was a law clerk for the Honourable John C. Major, a Justice of the Supreme Court of Canada.

Representative Experience

• Represents Airbus in a patent litigation regarding hypoxic (low oxygen) fire-suppression systems, related inter partes reexaminations, and a related Federal Circuit appeal, including presenting Airbus’s arguments at the Federal Circuit oral argument, resulting in a precedential decision by the Federal Circuit that vacated the PTAB’s decision and remanded. Airbus S.A.S. v. Firepass Corp., Appeal No. 2019-1803 (Fed. Cir. Nov. 8, 2019).
• Represented Kawasaki in two inter partes reviews regarding video systems in subway cars, and a related Federal Circuit appeal, including presenting Kawasaki’s arguments at both PTAB oral hearings, resulting in the PTAB finding all claims unpatentable, and the Federal Circuit affirming. Kawasaki Rail Car, Inc. v. Blair, IPR2017-00117 (P.T.A.B. May 2, 2018), aff’d, Blair v. Kawasaki Rail Car, Inc., Appeal No. 2018-2098 (Fed. Cir. Aug. 8, 2019); Kawasaki Rail Car, Inc. v. Blair, IPR2017-01036 (P.T.A.B. Sept. 10, 2018).

• Represents Toyota in a patent litigation regarding laser cruise control systems, lane departure warning systems, collision warning systems and angular momentum sensors.
• Represented Sony in a patent litigation regarding smartphones.
• Represented Toyota in a patent litigation regarding Apple CarPlay.
• Represented Toyota in a patent litigation regarding side airbags.
• Represented KID-Systeme (Airbus subsidiary) in a patent and breach of contract litigation regarding aircraft cabin electrical systems.
• Represented Sony in an ITC patent case and related inter partes reviews regarding DVRs, video user interfaces and fan cooling systems.
• Represented Toyota in a patent litigation and related inter partes reviews regarding occupant-classification systems and blind spot monitoring systems.
• Represented an alliance of inventor groups pro bono as amicus curiae in a Supreme Court appeal regarding laches in patent cases.
• Represented Sony in a patent litigation and related inter partes reexaminations regarding interactive video technology, resulting in the cancellation of hundreds of claims and two favorable Markman decisions.
• Represented Sony in an ITC patent case and a related Federal Circuit appeal of inter partes reviews regarding 3D imaging technology, resulting in the Federal Circuit affirming the successful IPRs. Yissum Res. Dev. Co. of Hebrew Univ. of Jerusalem v. Sony Corp., Appeal Nos. 2015-1342, 2015-1343 (Fed. Cir. Dec. 11, 2015).
• Represented Bosch in a patent litigation regarding video surveillance technology, resulting in a dismissal for lack of standing.
• Represented Bosch in a patent litigation regarding acceleration sensors, resulting in a favorable Markman decision.
• Represented Deutsche Telekom and foreign T-Mobile mobile carriers in a patent litigation regarding international paging technology, and a related Federal Circuit appeal, resulting in a dismissal for lack of personal jurisdiction, and an affirmance by the Federal Circuit.
• Represented Medinol in a patent litigation regarding coronary stents, including a bench trial, and a related Federal Circuit appeal.

Bar Admissions

Education
LLB and BCL, McGill University Faculty of Law, with Great Distinction, Senior Editor, McGill Law Journal, 1995BS, Engineering Physics, Queen’s University, First Class Honours, 1991