Mark, Brandon J.

Lawyer Overview

Brandon Mark is a shareholder in the firm’s Litigation, Intellectual Property and Real Estate departments.  Mr. Mark has represented clients in state and federal trial courts around the country and before the Utah Supreme Court, the Utah Court of Appeals, and the United States Courts of Appeals for the Ninth and Tenth Circuits.  Additionally, he has represented clients before the United States Patent and Trademark Office and the World Intellectual Property Organization. 

Mr. Mark attended the University of California-Berkeley school of law (Boalt Hall) and was admitted to the Order of the Coif upon graduation.  Mr. Mark was a member of the California Law Review and the co-director of the school's Homeless Outreach Project, a student-run legal clinic, in 2001-2002. He earned honors for academic achievement in several classes, including Contracts, Evidence, Civil Procedure and Ethics.

After graduating from law school, Mr. Mark served as a judicial law clerk to the Honorable Daniel Friedman of the United States Court of Appeals for the Federal Circuit.  Mr. Mark has published several articles on recent developments in patent law and is currently a voting member of the Patent Litigation Committee of the American Bar Association's Intellectual Property Law Section.

Mr. Mark was named to the Mountain States Super Lawyers Rising Stars list as one of the top attorneys in the Mountain States (Utah, Nevada, Montana, Idaho and Wyoming) for 2010 and 2011. No more than 2.5 percent of the lawyers in these states are selected to the list. 

Among other recent litigation matters in which he has been involved, Mr. Mark argued the case of Sachs v. Lesser, 2008 UT 87, before the Utah Supreme Court, which successfully terminated a multi-million dollar contract lawsuit in his clients' favor and clarified an important but ambiguous Utah licensing law. 

A representative sampling of other matters for which Mr. Mark has been engaged include:

• Defended a global mining company against claims that it was bound to pay significant mining royalties pursuant to a thirty-year-old area-of-interest agreement.
• Represented dairy farm and milk processing facility in contract dispute with vendor.
• Represented a leading technology company in a patent infringement dispute, ultimately resulting in a successful settlement of the dispute.
• Assisted a leading technology provider in shutting down a competitor's sales of products that wrongfully used the provider's trade secrets and in enforcing a confidentiality and non-competition agreement with a former employee.
• Represented a global leader in power technologies in defending stray current litigation brought by two dozen dairy farms arising out of the client's design and construction of high-voltage direct current (HVDC) converter stations in central Utah.
• Represented a leading telecommunications provider to immediately stop violations of the federal Computer Fraud and Abuse Act and to identify the perpetrators of those violations.
• Defended a local resort town against numerous land use and property rights disputes by a variety of aggrieved landowners over a broad spectrum of issues, including one that resulted in a large award of attorneys' fees to the client.
• Represented numerous companies in the acquisition of federal trademark registrations, including the resolution of inter-party proceedings before the U.S. Patent and Trademark Office.
• Represented clients involved in employment discrimination and harassment suits, as well as wage and overtime disputes.
• Represented a client in the assessment and evaluation of possible copying of its products, packaging and trade dress.
• Represented multiple parties involved in equipment lease disputes with Utah-based equipment lease brokers (e.g., Tetra Financial Group, Mazuma Capital Corp) and their bank (Republic Bank, Inc.). 

Community Involvement:

• American Bar Association Intellectual Property Law Section, Patent Litigation Committee
• Salt Lake County Democratic Party
• Planned Parenthood Action Council, Treasurer
• Utah Breastfeeding Coalition 

Awards and Recognitions:

• Rising Star, Mountain States Super Lawyers, 2010, 2011

Publications:

• "Just the Facts:  Pleading Claims for Induced and Contributory Patent Infringement after Iqbal," American Bar Association Intellectual Property Litigation Newsletter, Winter 2010
• "A Year after the Seagate Closed," American Bar Association Intellectual Property Litigation Newsletter, Fall 2008.
• Revised and updated "Breach by Licensor of Copyright or Literary Property in Commercial Damages: A Guide to Remedies in Business Litigation" (Matthew Bender 2006)(co-author).
• "Patently Addictive: The Blackberry Case May Lay New Ground for IP Law," Utah Business Magazine, March 2006 (co-author).
• "What's in a Name? What the Phillips Case Reveals about Current Intellectual Property Rights," Wasatch Digital IQ, Winter 2005-06.
• "Where to Begin? Federal Circuit Clarifies Rules for Interpreting Patent Claims," Intellectual Property Law Newsletter of the Pennsylvania Bar Association's Intellectual Property Law Section, Summer 2005.

Areas of Practice

• Litigation
• Intellectual Property
• Real Estate

West Practice Categories

Litigation & Appeals, Intellectual Property Law

Bar Admissions

• Oregon, 2004
• Utah, 2005

Education

• University of California at Berkeley, Boalt Hall School of Law, Berkeley, California, 2003
  J.D.
• Weber State University, 2000
  B.S.

Address

201 South Main Street
Suite 1800
Salt Lake City, UT 84111-2218

Phones

801-532-1234

Faxes

801-536-6111

Emails

Contact Us

Websites

http://www.parsonsbehlelaw.com (http://www.parsonsbehle.com)