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| Emphasis |
Clean Technology
Acquiring, Developing and Commercializing Key Technologies
Antitrust and Competition
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| Profile |
As a member of Fenwick & West's Technology Transactions Group, Mark's focus is helping cleantech companies grow into sustainable businesses. He does this by assisting them in acquiring, developing and commercializing their technologies and products. For over twenty years, Mark has helped many leading Silicon Valley startups and public companies navigate their licensing, distribution and technology transactions.
Mark is also co-chair of the Antitrust and Unfair Competition Group, and advises clients on a wide variety of antitrust issues, including distribution, marketing, M&A and intellectual property.
Notable companies he has represented include:- ASML
- Cisco Systems
- Concur Technologies
- CooperVision
- Intuit
- Kleiner Perkins Caufield & Byers
- Sun Microsystems
- Symantec
- VeriSign
Mark has authored or presented numerous articles and speeches on a variety of licensing and antitrust topics relevant to technology industries, and is often quoted in industry and general media. In addition, he regularly provides educational seminars for high technology companies regarding both licensing and antitrust issues.
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| Education |
Stanford University, J.D., 1985 Yale University, B.A., in economics, magna cum laude with distinction, 1982
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| Admitted to Practice |
Member of the State Bar of California. |
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| Clean Technology |
Mark focuses on helping cleantech companies grow into sustainable businesses. He assists clients with assembling the key pieces they need to acquire, develop, commercialize and market new cleantech and other high technology products and services. Having spent more than 20 years doing both licensing and competition law has allowed him to develop a deep understanding of market dynamics and what matters most in a particular transaction. He also recognizes the need to know each client's business and industry in order to be most effective.
Mark regularly represents startup, emerging and established IT and cleantech clients through all phases of their business lifecycle in matters related to:
- IP acquisition and protection
- key licenses and technology transfer agreements
- government funding programs
- collaborative development arrangements
- participation in standards organizations
- manufacturing and production agreements
- go-to-market strategies
- commercial deals with suppliers, partners and customers
- IP support for mergers and acquisitions
Mark is also co-chair of the Antitrust and Unfair Competition Group, and advises clients on a wide variety of antitrust issues, including distribution, marketing, M&A and intellectual property.
Most recently, Mark has assisted a number of leading venture capital firms in transactions for their clean technology startups, including fundamental patent assignments and licenses, and key consulting and cooperative development agreements. He has also handled various university tech transfer and prototype development agreements involving renewable energy technology.
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| Antitrust & Competition |
Mark's antitrust services include merger filings and investigations, antitrust counseling, and assisting clients with a wide variety of antitrust, marketing, intellectual property and misuse issues.
His practice includes regularly representing clients before various government antitrust agencies in connection with the U.S. Hart-Scott-Rodino Act and other antitrust aspects of acquisitions worldwide. He has personally handled almost two hundred filings with the Federal Trade Commission and Department of Justice antitrust sections specifically responsible for high technology matters, including many of the most significant recent transactions in the industry, such as Cisco System's acquisition of Scientific Atlanta, Symantec Corporation's acquisition of VERITAS Software, and Macromedia's sale to Adobe Systems.
He has managed numerous HSR 'second requests' and related foreign investigations involving market concentration, technology and IP issues, including matters such as Adobe/Macromedia, Cooper/Ocular Sciences, ScanSoft/Nuance, Cadence/CCT, Fair Isaac/HNC, Microsoft/Intuit, TIBCO/Talarian, and VeriSign/Thawte.
He also provides daily advice and counseling on the issues and business practices critical to technology industries, including R&D collaborations, patent pools and standard setting, product interoperability, patent and copyright misuse, package licensing and bundling, marketing and distribution, and pricing and discrimination.
He has represented scores of both large and small companies across the information technology and life sciences industries. Notable companies he has represented include Cisco Systems, Symantec, Intuit, VeriSign, ASML, and CooperVision.
Mark has authored or presented numerous articles and speeches on a variety of antitrust topics relevant to technology industries, and was a contributing author to the ABA Antitrust Section handbook Intellectual Property Misuse: Licensing and Litigation (2000), the 2005 edition of the California CEB publication Sales and Mergers of California Businesses, and the upcoming (2009) edition of the California State Bar's California Antitrust Law. He is often quoted in industry and general media on antitrust topics.
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http://www.fenwick.com/attorneys/4.2.1.asp?aid=430 © 2010 Fenwick & West LLP. All rights reserved |
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