MARK JANSEN

Mark Jansen is a Bay Area native. He graduated from the University of California with degrees in Chemistry and Environmental Studies, and earned his law degree with honors in 1984 from Hastings School of Law in San Francisco. 

Mark has more than 30 years of trial and appellate experience, in a wide range of legal and business issues, including business, partnership, employment, real estate, licensing and other contract disputes. He also specializes in unfair business practice, business tort, antitrust, trade secret, and a wide range of intellectual property disputes.

Mark has been extremely successful both at the trial and appellate court levels in numerous antitrust, copyright, trademark and patent cases.  His substantial patent litigation experience includes significant Abbreviated New Drug Application (ANDA) pharmaceutical, chemistry and medical device patent litigation, and technology license disputes. Mark also represents patent holders and technology licensors in the life sciences and other fields. He has significant antitrust experience in a wide range of industries, including in life sciences industries.

Mark also has represented clients in connection with grand jury and other government investigations.

Speaking Engagements

• “Getting What’s Due: Life Science Licensing Disputes,” 29th Annual All Hands Meeting 2017, Santa Clara, CA (October 17, 2017).
• “Of Prior Art and Double Patenting: Exploring the Dichotomy Between the Federal Circuit and PTO on Obviousness Findings,” American Conference Institute 8th Annual “Paragraph IV Disputes” Conference, New York, NY (April  2014).
• “Obviousness of Dosing, Formulation, Polymorph and Other Follow On Patents,” American Conference Institute 7th Annual “Paragraph IV Disputes” Conference, New York, NY (May 2013).
• “Controversies Surrounding Damages and Injunctions Relative to At Risk Launch,” American Conference Institute 3rd West Coast Edition Paragraph IV Disputes Conference, San Francisco, CA (December, 2012).
• “Search Engine and Other Secondary Liability for Infringement on the Internet — Perfect 10 v. Amazon.com, A9.com, and Google,” AIPLA 2008 Spring Meeting, Houston, Texas (May 2008).
• “ANDA Litigation: Big Pharma v. Generics,” The Annual IP Counsel Forum, San Jose California (March 2008).
• “To Settle or Not: Is Settling IP Litigation an Antitrust Violation?,” Association of Corporate Patent Counsel, Puerto Rico (February 2004).
• “Reverse Payment Litigation Settlements: Antitrust Issues Affecting IP Licensing and Settlements of Pharmaceutical Patent Litigation,” San Diego Intellectual Property Law Association (January 2004). Speaker: Mark T. Jansen.
• “Settlement of IP Litigation as an Antitrust Violation,” Practicing Law Institute Seminar (January 2003).

Publications

• “Supreme Court Affirms Decision Banning Royalties on Expired Patents, Notes Alternative Methods,” IP Insights (June 24, 2015).
• “What Sequenom Means for Biotech Patents: Even New Methods of Using Natural Phenomena May Not Be Patentable, Absent More” Intellectual Property Bullet Analyses (June 17, 2015). Contacts: Mark T. Jansen, Anne Elise Herold Li, Mary Anne Schofield, Ph.D., Pilar Stillwater
• “Ninth Circuit Hears Argument in Landmark Standard-Essential Patent Case,” Antitrust Law Alert (April 10, 2015). y
• “VIDEO: Supreme Court to Decide Lawfulness of Receiving Post-Expiration Royalties on Licensed Patents,” IP Insights (March 31, 2015).
• “First Final Written Decision in Inter Partes Review of Pharmaceutical Related Patents,” IP Insights (June 27, 2014).
• “What Does FTC v. Actavis Inc. Mean for Hatch-Waxman Litigation?,” Life Sciences Alert (June 21, 2013).
• “ITC Publishes Proposed Rules to Limit E-Discovery and Address Privilege Issues,” Electronic Discovery & Information Management Alert (October 11, 2012).
• “KSR Has Made It Easier To Prove Obviousness,” National Law Journal (October 2011).
• “Antitrust’s Impact on Intellectual Property Management,” IP Value (January 2005