Mark Supko is Chair of the firm's Intellectual Property Group. His practice has been dedicated to IP litigation for nearly 20 years with a heavy emphasis on patent litigation in the computer, electrical and mechanical arts for corporate clients in diverse industries including, aerospace, automotive, consumer electronics, digital imaging, oil refining, and telecommunications. Prior to joining the firm, Mark was a partner in a prominent international IP boutique. Before pursuing a career in the law, he worked as a systems engineer, developing plant automation systems for a leading U.S. automaker and corporate financial systems for a leading U.S. oil company. Mark earned a B.S. in mathematics from the University of Scranton and a J.D. from Georgetown University.
Mark is highly experienced in all aspects of patent litigation, from pre-suit investigations through trial and appeal. He has appeared before federal district courts across the country, the U.S. Court of Appeals for the Federal Circuit, and the U.S. International Trade Commission. He has successfully litigated patent infringement cases involving a wide variety of technologies, including computer network infrastructures, wireless information systems, digital image enhancement, digital printers, air disc brakes, Internet applications, computer-implemented business methods, cable television signal processing, coronary stents, tobacco curing, dental restorations, paperless couponing, biosolids treatment and disposal, and industrial warewashing. These cases have come in all sizes, ranging from representation of a local chemical company asserting its only patent against isolated infringers, to defending some of the largest companies in the world from patents being asserted against entire industry segments. Mark also has experience litigating other types of intellectual property matters, including trademark infringement, copyright infringement, trade secret misappropriation, and mask works infringement. Most recently, Mark was lead trial counsel for the plaintiff in a case involving air disc brake technology that resulted in a jury verdict of willful infringement and a multi-million dollar fee award.
In addition to litigation, Mark's practice involves counseling clients on matters relating to the acquisition, protection and enforcement of intellectual property rights. He has significant experience in patent prosecution matters, as well as opinion work relating to patent validity, enforceability and infringement. He also has been extensively involved in licensing of intellectual property, including establishment of licensing programs through both adversarial and non-adversarial means.
Mark is admitted to the New York and District of Columbia bars and is admitted to practice before the U.S. Supreme Court, the U.S. Court of Appeals for the Federal Circuit, the U.S. Court of Federal Claims, and the U.S. District Courts for the Southern and Eastern Districts of New York, the District of Columbia, the Eastern District of Michigan, and the Eastern District of Texas. He is a member of the American Intellectual Property Law Association, the Federal Circuit Bar Association, the American Bar Association, and the New York Intellectual Property Law Association. Mark has been recognized by Chambers USA 2011 and Chambers USA 2010 as a leading lawyer in the DC: Intellectual Property category.
Representative Cases
· Certain Automotive GPS Navigation Systems, Components Thereof, And Products Containing Same, 337-TA-814 (representing respondent General Motors LLC in an investigation related to automobiles with in-dash GPS navigation systems).
· Automotive GPS Navigation Systems, Components Thereof, and Products Containing Same, Inv. No. 337-TA-814 (USiTC) (representing General Motors in investigation related to GPS in-dash vehicle navigation systems).
· Automotive Technologies Int'l v. OnStar, No. 4:11-CV-15604 (E.D. Mich) (represented provider of vehicle telematics systems in patent infringement action involving vehicle communications over the Internet, securing voluntary dismissal with prejudice after successfully transferring case from plaintiff's home forum to defendant's).
· Bendix Commercial Vehicle Systems et al. v. Haldex Brake Products, No. 1:09-CV-176 (N.D. Ohio) (represented plaintiffs in patent infringement action involving air disc brakes for commercial vehicles, securing jury verdict of willful infringement).
· Joao Control & Monitoring Systems v. OnStar, LLC et al., No. 8:10-CV-01909 (C.D. Cal.) (representing provider of vehicle telematics systems and services in patent infringement action involving remote control of vehicle-based systems).
· Levine v. ZTE (USA) Inc. et al., No. 2:11-CV-56 (E.D. Tex.) (representing cellular telephone manufacturer in patent infringement action involving wireless navigation systems).
· Cheetah Omni v. BAE Systems et al., No. 6:10-CV-602 (E.D. Tex.) (represented defendants in patent infringement action involving fiber optic lasers, securing voluntary dismissal).
· Adjustable-Height Beds and Components Thereof, Inv. No. 337-TA-734 (USITC) (represented complainant in investigation related to adjustable hospital beds, obtaining consent order excluding accused products from entry into the U.S.).
· Bendix Commercial Vehicle Systems et al. v. WABCO Automotive Control Systems, No. 1:09-CV-177 (N.D. Ohio) (represented plaintiffs in patent infringement action involving air disc brakes for commercial vehicles, securing favorable settlement after claim construction ruling).
· RIM v. Kodak, No. 3:08-CV-2075 (N.D. Tex.) (representing patentee in declaratory judgment action involving patents on digital camera and application integration technologies).
· Advanced Media Networks v. Vizada et al., No. 1:10-CV-194 (S.D.N.Y.) (representing defendant in patent infringement action involving satellite communications systems).
· Linex v. Nortel et al., No. 05-80300 (S.D. Fla.) (representing defendant in patent infringement action involving distributed telecommunications network using spread spectrum modulation).
· Whetstone Electronics v. Kodak et al., No. 6:08-CV-317 (E.D. Tex.) (represented defendant in patent infringement action involving network interface cards for computer peripheral devices).
· Colorquick v. Kodak, Nos. 6:08-CV-165, 6:06-CV-390 (E.D. Tex.) (represented defendant in related patent infringement actions involving process for virtual proofing of digital print jobs).
· Fernandez Innovative Technologies v. BMW and Mercedes et al., No. 07-CV-1397 (N.D. Ill.) (represented defendants in patent infringement action involving vehicle telematics systems).
· GTX v. Kodak et al., No. 6:06-CV-244 (E.D. Tex.) (represented defendant in patent infringement action involving process for enhancing scanned digital images, securing voluntary dismissal before trial).
· PSN Illinois v. Den-Mat, No. 04-CV-7232 (N.D. Ill.) (represented defendant in patent infringement action involving process for manufacturing porcelain dental restorations, securing summary judgment of noninfringement).
· Curtiss-Wright v. Velan, No. 04-CV-1157 (W.D. Tex.) (represented plaintiff in patent infringement action involving industrial valves used to dehead coke drums during oil refining operations, obtaining settlement that kept accused valve out of market).
· Symbility v. Xactware, No. 2:05-CV-73068 (E.D. Mich.) (represented patentee in declaratory judgment action involving patents, copyrights and trademarks for graphical modeling system used to develop insurance claim estimates, securing favorable settlement).
· Hayes v. Penny & Giles et al., No. 2-04-CV-3084 (D.N.J.) (represented multiple defendants in patent infringement action involving endothermic heat sink for protecting flight data recorders from fire).
Publications
· "Patent Owners Beware: Offering a License Could Land You in Court," Virginia Lawyer, Intellectual Property Section (June/July 2007). Co-Authors: Michael I. Coe, Stephen W. Palan and Mark Supko.
· "In Through the Out Door: The Elevated Role of Dictionaries and Related Non-Patent Works," Patent World (December 2003/January 2004). Co-Authors: Mark Supko and Kenneth Corsello.
· "Be Careful What You Say: Providing Notice of U.S. Patent Rights to Potential Infringers," International Legal Strategy (July 2003). Author: Mark Supko.