Mark helps us identify… what a successful outcome looks like for a particular matter and tailors an approach that has us investing toward that outcome….” “That sounds obvious enough, but it’s a rare skill.
—Jeff Novak, Vice President, AOL

Pillsbury Intellectual Property partner Mark Litvack has achieved an impressive record of securing favorable outcomes for clients in trial and appellate courts and ADR proceedings.

Mark is an accomplished litigator with experience in trademark, copyright and general commercial cases from New York to California and from Florida to Washington. He has won jury verdicts defeating multimillion-dollar claims and has won eight-figure jury verdicts for plaintiff corporate clients. As lead counsel, Mark has successfully defended numerous multimillion-dollar class action lawsuits across various industries. The value he delivers is evidenced by the many clients who repeatedly seek his services.

Representative Experience

Serving as lead counsel for Fluidmaster in string of nationwide class actions alleging product liability engineering claims.


Secured a $6 million+ jury verdict for AOL against Accenture LLP on a breach of contract claim in the wake of a failed technology consulting project.


Defended Disney against multimillion-dollar claims alleging noncompliance with federal and state ADA laws. After the court reduced plaintiff’s claims, less than $10,000 in damages was awarded.

View More

  • Represented Fluidmaster against seven different class actions brought by homeowners claiming that Fluidmaster was liable for state consumer protection law violations, strict liability, negligence, and breach of warranty in a dozen states. The judged denied a motion to certify the class.
  • Served as lead attorney for j2 Global Communications in a string of class actions.
  • Served as lead attorney in a shareholder battle, compelling arbitration.
  • Successfully defended AOL when sued by Augme over use of the Boombox trademark. Case dismissed with prejudice.
  • Defended Sybron against multiple business tort claims stemming from a failed business venture. Despite plaintiff’s pre-trial demand of $3 million, case was tried to a jury with a judgment against our client for $5,000.
  • Defeated plaintiff Sony Ericsson’s request for a preliminary injunction seeking to prohibit Clearwire from nationwide use of its trademark.
  • In Laskey v. AOL, obtained a directed verdict for AOL at close of plaintiff’s case in product liability action.
  • Successfully obtained approval of a class action settlement in Fairchild v. AOL, over objection of a class of 55 million Americans.
  • Successfully settled claims for product liability in ThermaSol v. Gems Sensors Inc., defending manufacturer of allegedly defective product.
  • In Cohen v. Sony Pictures Entertainment, obtained motion to dismiss for Sony in regard to copyright claims brought against it.
  • Successfully obtained motion to dismiss for defendant AOL pursuant to the Communications Decency Act (Richard Pompa v. America Online (AOL) et al.)
  • In Midwest Theaters v. Imax Corp., defeated request to prevent termination of contract and obtained permanent injunction for defendant on plaintiff’s trademark violations.
  • Obtained dismissal of trademark claims against defendant AOL in Mark Mishak v. Google Inc. et al.
  • In ESS Entertainment v. Take Two, obtained summary judgment based on the First Amendment for defendant in trademark action involving top-selling video game.

Professional Highlights

Recognized by The Legal 500 U.S. for Trademarks: Litigation, and Super Lawyers, Southern California.


Counsel member, ABA Science and Technology committee.


Presented “Pretrial Considerations” at an ABA Litigation Section’s CLE workshop in New York.

View More

  • Honors & Awards
    • BTI Client Service All-Stars (2017)
  • Speeches / Presentations
    • Speaker, “An Update on Social Media and Copyright - Is Anyone Winning This Race?” PLI’s Technology and Entertainment Convergence 2011, San Francisco, September 2011
    • Speaker, “Chinese Judges Intellectual Property Conference,” Suzhou, China, July 2010
    • Speaker, “The Global Impact of the Internet on Copyright Law,” USC Gould School of Law 2008 Intellectual Property Institute, Beverly Hills, March 2008
    • Featured contributor, “Value Your Intellectual Property,” Small Business School series on PBS, Worldnet and the Web, May 2006
    • Speaker, “Game Piracy: Update on the Latest Strategies to Protect Your Product,” E3 Conference, Los Angeles, May 2006
    • Interviewer, “Games on Console without a Multi-Million Dollar Budget,” 2006 Games and Mobile Forum, New York, April 2006
    • Panelist, “Hollywood vs. the Pirates, Take 2,” Digital Media Summit, Los Angeles, March 2006
    • Speaker, “Digital Continent—Filesharing Technology in Napster’s Wake: The Challenge for Copyright Law,” Berkeley, 2002

Education

  • J.D., Northwestern University School of Law, 1983

    B.A., Hamilton College, 1980

Admissions

  • California

    Connecticut

    New York