Mark Walters

206.381.3300 (Direct Dial)

206.957.2470 (Phone)

Practice Areas

Mark Walters

Mark is a trial and appellate lawyer with experience representing businesses and individuals in courts across the country. He has first-chaired several jury trials to judgment, winning multi-million dollar verdicts for clients, and prevailing for defendants in a number of “bet-the-company” cases. 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 was selected among America’s Top 100 High Stakes Litigators® for 2018. Selection to America’s Top 100 High Stakes Litigators® is by invitation only and is reserved to identify the nation’s most exceptional trial attorneys in high value, high stakes legal matters. To be considered for selection, an attorney must have litigated (for either plaintiff or defendant) a matter (1) with at least $2,000,000 in alleged damages at stake or (2) with the fate of a business worth at least $2,000,000 at stake. In 2018, Mark was also selected for listing in the seventh edition of the IAM Patent 1000 – The World’s Leading Patent Professionals – a unique guide that identifies the top patent professionals in key jurisdictions around the globe. Mark was listed in the AIM Patent 1000 for 2018 in the field of Intellectual Property Litigation for the jurisdiction of Washington State. Mark is a registered patent attorney and a past president of the Seattle Intellectual Property American Inn of Court.

  • 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
  • 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
  • Author, Washington State Patent Law Blog, 2007-2010
  • 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 (Biotechnology Industry Organization) 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, Topic regarding Western District of Washington Lawyers at the U.S. Supreme Court, Seattle, WA
  • 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)

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

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