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Mark P. Walters

Mark is a trial and appellate lawyer with experience representing businesses and individuals in courts across the country. He has argued cases in U.S. District Court, the Court of Appeals for the Ninth and Federal Circuits, and the United States Supreme Court. In addition to litigation matters, Mark advises technology firms on intellectual property strategy, including providing patentability and freedom to operate opinions. Several of Mark’s cases involve highly technical or specialized industries, like biotechnology, software, or genetics. Mark has been selected as a Super Lawyer each year since first becoming eligible for the honor in 2012. Mark is a registered patent attorney and current president of the Seattle Intellectual Property American Inn of Court.

Practice Areas

Intellectual Property Litigation

Education

  • B.S., Biology, Washington State University (1997)
  • J.D.,University of Idaho (2000)

Admitted

  • Washington State Courts
  • U.S. Patent and Trademark Office
  • U.S. Supreme Court
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. District Court Western District of Washington
  • U.S. District Court Eastern District of Washington

Memberships

  • Washington State Bar Association
  • U.S. District Court, Western District of Washington
  • U.S. District Court, Eastern District of Washington
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. Supreme Court
  • Federal Circuit Bar Association, Co-chair of Veteran’s Appeals Committee
  • American Intellectual Property Law Association, IP Litigation Section Member
  • Seattle Intellectual Property American Inn of Court (part of the “Judge Linn Alliance” of specialty IP Inns of Court), Secretary and Executive Board Member
  • Washington State Patent Law Association
  • Federal Bar Association, Western District of Washington
  • King County Bar Association
  • Washington Lawyers for the Arts

Representative Cases

  • Bowman v. Monsanto, 569 U.S. ___ (2013)
  • Monsanto v. Bowman, 657 F. 3d 1341 (Fed. Cir. 2011)
  • International Seaway Trading Corp. v. Walgreens, 589 F.3d 1233 (Fed. Cir. 2009)
  • Panavise Products, Inc. v. National Products, Inc., 306 Fed. Appx. 570 (Fed. Cir. 2009)
  • National Products Inc. v. Gamber Johnson LLC, 449 Fed. Appx. 638 (9th Cir. 2011)
  • Dantonio v. Southwest Educ. Dev. Lab., 2011 U.S. Dist. LEXIS 57600 (W.D. Wash. 2011)
  • National Products Inc. v. Gamber Johnson LLC, 334 Fed. Appx. 328 (Fed. Cir. 2009)
  • Lucky Break Wishbone v. Sears Roebuck & Co., 373 Fed. Appx. 752 (9th Cir. 2010)
  • Lucky Break Wishbone v. Sears Roebuck & Co., 528 F. Supp. 2d 1106 (W.D Wash. 2007)
  • Egyptian Goddess v. Swisa, 543 F.3d 665 (Fed. Cir. 2008) (amicus brief)
  • Global-Tech Appliances Inc. v. Pentalpha Ent. Ltd., 131 S. Ct. 2060 (2011) (amicus brief)
  • Lab-Corp v. Metabolite Labs, 548 U.S. 124 (2006) (amicus brief)
    • Publications

      • Holding Back the Clock: Confusion about the on-sale bar continues to cost companies the right to patent their inventions, IP Law and Business, 2008
      • A Supreme Waste of Time: Does the current debate in Labcorp v. Metabolite even matter? WSBA IP Journal, 2006
      • Contributing Author, FLH FDA Lawyers Blog, 2010, 2011
      • Washington State Patent Law Blog, Author, 2007-2010

      Speaking Engagements

      • Supreme Court IP Review, Chicago-Kent College of Law, September 2013
      • State Agricultural and Rural Leaders (SARL), Legislative Agriculture Chairs Summit, June 2013 (Vancouver, BC)
      • BIO (Biotechnology Industry Organization) IP Counsels Committee Conference, March 26, 2013, San Diego, CA, Panel Speaker on Patent Exhaustion and Self-Replicating Technologies
      • Sughrue Symposium, University of Akron School of Law, March 5, 2013, Akron, OH, , Panel Speaker on Bowman v. Monsanto, No. 11-796 (U.S. Supreme Court)
      • American University College of Law, Panel Speaker on Bowman v. Monsanto, February 19, 2013
      • Federal Bar Association, WD of Washington, Annual CLE, December 5, 2012, Topic regarding Western District of Washington Lawyers at the U.S. Supreme Court, Seattle, WA

      Awards

      • Super Lawyer®, 2012, 2013
      • Rising Stars®, 2004, 2006 - 2011
      • Federal Circuit Bar Association, Committee Leadership Award, 2011, 2012
      • Federal Circuit Bar Association, Individual Leadership Award, 2012

       

Mark P. Walters

Mark P. Walters

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direct dial: 206.957.2470

phone: 206.381.3300