Mark S. Ostrau

中文

Office

Silicon Valley

Practices

Industries

Education & Admissions

J.D., Stanford University

B.A., magna cum laude with distinction, Economics
Yale University

Admitted to practice in California

Mark assists technology companies in acquisitions, licenses and other technology-related commercial transactions, and advises clients on a wide variety of antitrust, foreign investment review and other regulatory issues.

Mark's 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 handled several hundred filings with the Federal Trade Commission and Department of Justice antitrust sections specifically responsible for technology matters, including many of the most significant transactions in the industry, such as Cisco Systems' acquisition of Scientific Atlanta, Symantec’s acquisition of Veritas Software, Macromedia’s acquisition by Adobe, Data Domain's acquisition by EMC, King Digital’s acquisition by Activision Blizzard, Spansion’s merger with Cypress Semiconductor, Cray's acquisition by HPE and Concur’s acquisition by SAP. 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, Cadence/CCT, Microsoft/Intuit, P&G/Billie and VeriSign/Thawte. Mark has also represented numerous domestic and foreign clients in connection with matters before the Committee on Foreign Investment in the United States.

Mark 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 IT, internet and life sciences companies, from startups to industry leaders. In addition to Cisco Systems and Symantec, notable companies he has represented include ASML, CooperVision, GoPro, Intuit, Sun Microsystems, Veritas and VeriSign.

Mark has authored numerous articles and presented many speeches and educational seminars on a variety of antitrust and licensing topics relevant to technology industries, and is often quoted in industry and general media on antitrust topics. He was a contributing author and/or editor for the ABA Antitrust Section handbooks Intellectual Property Misuse: Licensing and Litigation (2000), Premerger Notification Practice Manual (2015) and Antitrust in Technology Industries (2018).

Mark has been listed annually in Best Lawyers in America for antitrust law since 2009 and was named "Lawyer of the Year" in 2020. He has also been recognized as a Northern California Super Lawyer since 2006 by Super Lawyers.

While attending Stanford University, Mark clerked with the antitrust division of the U.S. Department of Justice.