Mr. Brandon J. Mark, Attorney

Brandon Mark is a member of the firm's Litigation, Intellectual Property, and Real Estate departments.  Mr. Mark has represented clients in state and federal trial courts around the country and before the Utah Supreme Court, the Utah Court of Appeals, and the United States Court of Appeals for the Tenth Circuit.  Additionally, he has represented clients before the United States Patent and Trademark Office and the World Intellectual Property Organization. 

Mr. Mark attended the University of California-Berkeley school of law (Boalt Hall) and was admitted to the Order of the Coif upon graduation.  Mr. Mark was a member of the California Law Review and the co-director of the school's Homeless Outreach Project, a student-run legal clinic, in 2001-2002.

After graduating from law school, Mr. Mark served as a judicial law clerk to the Honorable Daniel Friedman of the United States Court of Appeals for the Federal Circuit.  Mr. Mark has published several articles on recent developments in patent law and is currently a member of the Patent Policy Planning Committee of the American Bar Association's Intellectual Property Law Section. 

Among other recent litigation matters in which he has been involved, Mr. Mark argued the case of Sachs v. Lesser, 2008 UT 87, before the Utah Supreme Court, which successfully terminated a multi-million dollar contract lawsuit in his clients' favor and clarified an important but ambiguous Utah licensing law. 

A representative sampling of other matters for which Mr. Mark has been engaged include:

• Represented a leading technology company in a patent infringement suit through cross-motions for summary judgment resulting in a successful settlement of the dispute.
• Represented numerous companies in the acquisition of federal trademark registrations, including the resolution of inter-party proceedings before the U.S. Patent and Trademark Office.
• Represented a global leader in power technologies in defending stray current litigation brought by two dozen dairy farms arising out of the client's design and construction of high-voltage direct current (HVDC) converter stations in central Utah.
• Represented a leading telecommunications provider to immediately stop violations of the federal Computer Fraud and Abuse Act and to identify the perpetrators of those violations.
• Defended a local resort town against numerous land use and property rights disputes by a variety of aggrieved land owners over a broad spectrum of issues, including one that resulted in a large award of attorneys' fees to the client.
• Represented clients involved in employment discrimination and harassment suits, as well as wage and overtime disputes.
• Represented a client in the assessment and evaluation of possible copying of its products, packaging and trade dress.

Publications:

• "Just the Facts:  Pleading Claims for Induced and Contributory Patent Infringement after Iqbal," American Bar Association Intellectual Property Litigation Newsletter, Winter 2010
• "A Year after the Seagate Closed," American Bar Association Intellectual Property Litigation Newsletter, Fall 2008.
• Revised and updated "Breach by Licensor of Copyright or Literary Property in Commercial Damages: A Guide to Remedies in Business Litigation" (Matthew Bender 2006)(co-author).
• "Patently Addictive: The Blackberry Case May Lay New Ground for IP Law," Utah Business Magazine, March 2006 (co-author).
• "What's in a Name? What the Phillips Case Reveals about Current Intellectual Property Rights," Wasatch Digital IQ, Winter 2005-06.
• "Where to Begin? Federal Circuit Clarifies Rules for Interpreting Patent Claims," Intellectual Property Law Newsletter of the Pennsylvania Bar Association's Intellectual Property Law Section, Summer 2005.