Mark P. Walters

Mark Walters is a trial and appellate lawyer who represents businesses and individuals in high-stakes intellectual property disputes nationwide. He has first-chaired numerous jury trials to judgment — winning multi-million-dollar verdicts for plaintiffs and prevailing for defendants in bet-the-company cases — and has argued before the U.S. Supreme Court, the Courts of Appeals for the Ninth and Federal Circuits, and federal district courts across the country.

Mark’s practice centers on patent litigation, with matters spanning biotechnology, software, genetics, and other highly technical industries. He also counsels technology companies on IP strategy, including patentability and freedom-to-operate opinions. His representative matters include U.S. Supreme Court and Federal Circuit decisions such as Bowman v. Monsanto and International Seaway Trading v. Walgreens.

Peer recognition has followed his courtroom record. Chambers USA ranks Mark in Band 3 for Intellectual Property: Patent Litigation in Washington in 2026 (Band 4 in 2025), and he has been selected as a Washington Super Lawyer every year since 2012 — fifteen consecutive selections. IAM Patent 1000 lists him in its Silver tier for patent litigation in Washington.

Federal judges have entrusted Mark with neutral appointments as well: he has served as a Special Master in complex post-verdict patent enforcement proceedings in the Western District of Washington.

A registered patent attorney, Mark brings a scientist’s training to his advocacy. He is a past president of the Seattle Intellectual Property American Inn of Court and serves on the board of The Mountaineers.

United States Supreme Court; U.S. Court of Appeals, Federal Circuit; U.S. Court of Appeals, Ninth Circuit; U.S. District Courts: Western and Eastern Districts of Washington; All Washington State Courts; Various admissions pro hac vice; U.S. Patent and Trademark Office.

Washington State Bar Association; 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.

• Presenter, “Diversity in IP Litigation,” Seattle IP Inn of Court, January 2023 — addressed implicit bias, Batson challenges, and equitable practices in the legal profession
• Presenter, “Mock Voir Dire for Teachers,” Federal Bar Association WDWA Educational Outreach, 2022 — assisted judges of the Western District of Washington in a mock voir dire session for educators
• Panelist, “Zoom Trials,” Federal Bar Association–Western District of Washington, September 2021 — co-led a panel on conducting federal court trials via Zoom, featuring Judge Lasnick
• 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)
• Panel Speaker, Patent Exhaustion and Self-Replicating Technologies, BIO IP Counsels Committee Conference, March 26, 2013, San Diego, CA
• Panel Speaker, Bowman v. Monsanto, No. 11-796 (U.S. Supreme Court), Sughrue Symposium, University of Akron School of Law, March 5, 2013, Akron, OH
• Panel Speaker, Bowman v. Monsanto, American University College of Law, February 19, 2013
• Federal Bar Association, WD of Washington, Annual CLE, December 5, 2012 — Western District of Washington Lawyers at the U.S. Supreme Court, Seattle, WA

• DentalEZ, Inc. v. Firstar Dental Company, No. C25-1368JLR (W.D. Wash. Oct. 20, 2026) — Won dismissal with prejudice for Professional Sales Associates, Inc.; the court granted PSA’s motion to dismiss DentalEZ’s Lanham Act false advertising and false designation of origin claims and dismissed PSA from the action with prejudice.
• Group14 Technologies, Inc. v. Nexeon Ltd., No. C22-1354 TSZ, 2024 U.S. Dist. LEXIS 168547 (W.D. Wash. Sep. 18, 2024) — Won complete summary judgment for Nexeon, defeating Group14’s trade-secret misappropriation claims with prejudice.
• California Expanded Metal Products Co. v. Klein, No. C18-0659JLR, 2024 U.S. Dist. LEXIS 3810 (W.D. Wash. Jan. 8, 2024) — Served as Special Master appointed by Judge James L. Robart, issuing the reports and recommendations the court adopted to hold an injunction violator in contempt and award nearly $1 million in damages plus $1.6 million in fees.
• Parse Biosciences, Inc. v. Shendure, 2024 U.S. Dist. LEXIS 203304 (W.D. Wash. 2024) — Represented Parse Biosciences in a Rule 45 motion to compel subpoena compliance from genomics researcher Jay Shendure in the Scale Biosciences v. Parse patent litigation (motion transferred to the District of Delaware under Rule 45(f)).
• Yita LLC v. MacNeil IP LLC, 69 F.4th 1356 (Fed. Cir. 2023), cert. denied, 144 S. Ct. 128 (2023) — Won a Federal Circuit reversal for Yita LLC, invalidating WeatherTech’s vehicle floor-tray patent claims as obvious.
• Her Majesty the Queen in Right of Canada v. Van Well Nursery, Inc., 649 F. Supp. 3d 1055 (E.D. Wash. 2022) — Represented Monson Fruit in a plant-patent case over Staccato cherry varieties; settled in 2026 on confidential terms.
• Summers Family Trust / Ta Neak Products / Buff WA Pty Ltd. v. National Distribution Warehouse Inc., No. 2:21-cv-00797-DGE, 2022 U.S. Dist. LEXIS 73534 (W.D. Wash. Mar. 24, 2022) — Won dismissal for National Distribution Warehouse (d/b/a Teacher’s Choice) for lack of personal jurisdiction in Washington over the New York retailer; the appeal was dismissed (9th Cir. No. 22-35312, Oct. 11, 2022).
• Khalid v. Citrix Systems, Inc., Nos. 79143-5-I, 79405-1-I, 79145-1-I, 79305-5-I, 2020 Wash. App. LEXIS 3189 (Wash. Ct. App. Dec. 7, 2020) — Served on the trial and appellate team for ATM Shafiqul Khalid, defending his $3 million jury verdict on appeal; the Court of Appeals affirmed, with prejudgment interest and vacatur of Citrix’s fee award.
• 3M Co. v. Westech Aerosol Corp., No. IPR2018-00576, 2019 WL 3729475 (P.T.A.B. Aug. 7, 2019) — Preserved dependent claims 3–4 of Westech Aerosol’s aerosol-adhesive patent after 3M challenged claims 1–28 as obvious.
• Genetic Veterinary Sciences, Inc. v. LABOKLIN GmbH & Co. KG, 933 F.3d 1302 (Fed. Cir. 2019) — Won Federal Circuit affirmance for Paw Prints Genetics, invalidating a competitor’s canine genotyping patent claims under §101.
• Eat Right Foods, Ltd. v. Whole Foods Market, Inc., 880 F.3d 1109 (9th Cir. 2018) — Won a Ninth Circuit reversal for Eat Right Foods, vacating summary judgment on laches and acquiescence and remanding its “EatRight” trademark claims.
• IShow.com Inc. v. Lennar Corp., No. 2:15-cv-01550-RSL (W.D. Wash. 2017) — Won a $5.5 million jury verdict for iShow.com, the jury finding Lennar’s use of “NextGen” for homebuilding was willful trademark infringement.
• Genetic Veterinary Sciences, Inc. v. Canine EIC Genetics, LLC, 101 F. Supp. 3d 833 (D. Minn. 2015) — Won summary judgment for Paw Print Genetics, invalidating Canine EIC’s exercise-induced-collapse genetic-testing patent under §101 as directed to a natural law.
• Bowman v. Monsanto Co., 569 U.S. 278 (2013) — Argued before the U.S. Supreme Court for the petitioner on patent exhaustion for self-replicating technologies.
• Shire Development LLC v. Watson Pharmaceuticals, Inc., 932 F. Supp. 2d 1349 (S.D. Fla. 2013) — Defeated Watson’s summary-judgment motion of non-infringement for Shire in Hatch-Waxman litigation over Lialda® (mesalamine).
• Lucky Break Wishbone Corp. v. Sears, Roebuck & Co., 373 F. App’x 752 (9th Cir. 2010) — Defended a $1.7 million jury verdict for Lucky Break Wishbone Corp. against Sears on appeal, with the Ninth Circuit affirming.
• National Products, Inc. v. Gamber-Johnson LLC, 734 F. Supp. 2d 1160 (W.D. Wash. 2010) — Represented National Products in a false-advertising trial over RAM vehicle mounts; the jury found deliberate false advertising and awarded $10 million, later reduced to $492,332 with a permanent injunction and fees.
• International Seaway Trading Corp. v. Walgreens Corp., 589 F.3d 1233 (Fed. Cir. 2009) — Argued for Walgreens in the Federal Circuit’s landmark decision establishing the ordinary-observer test as the sole standard for design-patent anticipation.

• Chambers USA — Band 4 in 2025 and Band 3 in 2026, Intellectual Property: Patent Litigation, Washington (Leading Individuals)
• Super Lawyers, Washington — selected every year, 2012–2026 (15 consecutive years)
• IAM Patent 1000 — Silver tier, Patent Litigation, Washington
• America’s Top 100 High Stakes Litigators — 2018
• Super Lawyers Rising Stars — 2004, 2006–2011
• Federal Circuit Bar Association — Individual Leadership Award, 2012; Committee Leadership Award, 2011, 2012

• “It’s Just Really Frustrating”: Microsoft IP Contract Dispute Removed to Federal Court on Eve of Pretrial Conference — National Law Journal, April 5, 2024
• “Fed. Circ. Shoots Down WeatherTech Rehearing Bid” — Law360, August 9, 2023
• LGJ Attorneys Selected for 2016 Washington Super Lawyer Listing
• LGJ Files Amicus Brief at the U.S. Supreme Court in Support of the Petitioner in Commil USA v. Cisco