Webinar 06.02.21
06.02
How Pharma Companies Use International Arbitration to Resolve Costly Disputes
1:00PM - 2:00PM
Webinar
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.
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
- Secured the dismissal with prejudice of a copyright infringement lawsuit in federal court regarding one of the most successful films of all time, representing the film’s director, distributors and production companies. We argued the Motion to Dismiss in federal court and secured an award of attorneys’ fees.
- Secured a dismissal with prejudice on demurrer of all causes of action in multiple-tort litigation for The Walt Disney Company. We also won this case on appeal.
- Defeated class certification motion as lead counsel for Fluidmaster in string of nationwide class actions alleging product liability claims and violation of state consumer protection law.
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- Represented Fluidmaster in claims against its insurers for failure to provide a defense and indemnity. Settled for over $25+mm.
- Obtained a jury verdict for New Roads School in CEE V New Roads – a litigation that successfully saved a school.
- Represent Stanford University in litigation over the diaries and papers of two of the Presidents of Taiwan.
- Represent Stanford University in litigation over the papers of a famous Chinese dissident.
- Represented Biolase in Lanham Act claim and related tort law claims. Settled matter for nuisance value.
- Represent mobile content discovery platform and community in claims regarding copyright infringement.
- Secured a $7 million+ jury verdict for AOL against Accenture LLP on a breach of contract claim in the wake of a failed technology consulting project.
- Successfully represented AOL and two executives in claims related to theft of ideas.
- Defended Disney against multimillion-dollar claims alleging noncompliance with federal and state ADA laws. After receiving partial summary judgment claims, less than $10,000 in damages was awarded – and no attorneys’ fees.
- 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.
- Successfully demurred to claims against for j2 Global Communications in a purported consumer class.
- Successfully represented Kairos Society in a trademark action in the Southern District of New York.
- Successfully defended j2 in a string of class actions.
- Successfully defended AOL when sued by Augme over the use of the Boombox trademark. Obtained dismissal for AOL.
- 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 as an outstanding litigation attorney by the Los Angeles Business Journal in its annual Top Litigators & Trial Lawyers report (2019).
- Recognized by The Legal 500 U.S. for Trademarks: Litigation (2012 – 2014), and Super Lawyers, Southern California (2005 – 2006, 2012 – 2016).
- Counsel member, ABA Science and Technology committee.
- Presented “Pretrial Considerations” at an ABA Litigation Section’s CLE workshop in New York.
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- Honors & Awards
- BTI Client Service All-Stars (2017)
- Speeches / Presentations
- “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. Speaker.
- “Value Your Intellectual Property,” Small Business School series on PBS, Worldnet and the Web, May 2006. Featured contributor.
- “Game Piracy: Update on the Latest Strategies to Protect Your Product,” E3 Conference, Los Angeles, May 2006. Speaker.
- “Games on Console without a Multimillion-Dollar Budget,” 2006 Games and Mobile Forum, New York, April 2006. Interviewer.
- “Hollywood vs. the Pirates, Take 2,” Digital Media Summit, Los Angeles, March 2006. Panelist.
- “Digital Continent—Filesharing Technology in Napster’s Wake: The Challenge for Copyright Law,” Berkeley, 2002. Speaker.
Education
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J.D., Northwestern University Pritzker School of Law, 1983
B.A., Hamilton College, 1980
Admissions
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California
Connecticut
New York