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Education

  • J.D., Rutgers University School of Law - Newark, Research Editor, Rutgers Law Review
  • B.A., Colgate University, magna cum laude and with honors

Bar Admissions

  • New Jersey
  • New York

Court Admissions

  • U.S. Court of Appeals, Federal Circuit
  • U.S. District Court, District of New Jersey

Memberships & Affiliations

New Jersey Intellectual Property Law Association – House Chair (2016)

New Jersey State Bar Association – Member, Intellectual Property Law Committee

The Association of the Federal Bar of New Jersey

New Jersey State Golf Association – Volunteer

Christian Brothers Academy Alumni Association – Member, Reunion Planning Committee

Mark H. Anania

  • |
Partner
  • T: 973.848.5302
    F: 973.206.6768
    • Four Gateway Center
      100 Mulberry St.
      Newark, NJ 07102

Mark H. Anania is an accomplished IP attorney with experience in the key areas facing technology companies today.

As a litigator, he has taken several matters to trial in federal district courts across the country and before the International Trade Commission. Mr. Anania is equally experienced before the Federal Circuit, having litigated numerous appeals on various IP issues (including post-grant proceedings arising under the AIA). Over the course of his career, Mr. Anania has represented Fortune 500 companies to closely held businesses in various industries including medical devices, athletic goods, consumer electronics, LED lighting, pharmaceuticals, and food service.

Mr. Anania’s recent litigation successes include:

- Affirming on appeal to the Federal Circuit a prior grant of summary judgment in favor of an international pharmaceutical company, in a precedent setting case receiving national attention, that the USPTO was miscalculating patent term adjustment awards on dozens of patents amounting to hundreds of additional days of patent protection for his clients;

- Obtaining a jury verdict of willful patent infringement, validity, and copyright infringement on behalf of an international medical device manufacturer in the Southern District of New York against its former distributor, which was upheld in relevant part on appeal to the Federal Circuit;

- Prevailing on summary judgment of invalidity for a New Jersey medical device manufacturer and its international distributor on over forty-five patent claims asserted against it by its chief rival in the Southern District of California;

- Upholding on appeal to the Federal Circuit two final written decisions of invalidity in Inter Partes Reexamination proceedings involving patents asserted against a New Jersey-based pool products client;

- Excluding on summary judgment all potential damages in a trademark infringement suit on behalf of a restaurant and food services provider in the District of Connecticut;

- Winning final judgment of non-infringement for a New Jersey-based supplier of flash memory components in the Eastern District of Texas following a favorable Markman ruling affirmed by the Federal Circuit;

- Defeating a preliminary injunction brought against a New Jersey medical device manufacture and its international distributor by its competitor in the Southern District of Florida.

Outside the courtroom, Mr. Anania is well-versed in intellectual property portfolio management, counseling, and licensing. He regularly advises clients how to obtain new rights from the USPTO and Copyright Office, proactively prevent or avoid infringement, and use intellectual property to maximize their value.

Within the legal community, Mr. Anania is an officer of the New Jersey IP Lawyers Association, a frequently published author, and recognized as a Rising Star for IP Litigation in New Jersey for three consecutive years.

Mr. Anania received his B.A., magna cum laude and with honors, from Colgate University. He earned his J.D. from Rutgers Law School, where he was a Research Editor for the Rutgers Law Review. While in law school, Mr. Anania was a judicial intern for the Hon. Madeline Cox Arleo, then-U.S.M.J. Before being named a partner, Mr. Anania was an associate, law clerk, and summer associate at the Firm.

Representative Matters

NJ-Based Pool Products Supplier
Represented a New Jersey-based pool products supplier before the Federal Circuit on appeals of final written decisions by the Patent Trial and Appeal Board in multiple Inter Partes Review Proceedings.
International Athletic Shoe Company
Currently representing an international athletic shoe company in a patent infringement suit in the Middle District of North Carolina involving athletic footwear.
International Athletic Shoe Company - Trademark Infringement
Represented an international athletic shoe company in a trademark infringement case in the Central District of California relating to stripe designs for footwear.
NJ-Based Pool Products Supplier - Trademark Infringement
Represented a New Jersey-based pool products supplier in a cybersquatting and trademark infringement case against a competitor for replacement pool part products in the District of New Jersey.

Speaking

05/11/16
New Jersey Intellectual Property Law Association's (NJIPLA)

Publications

06/16/16
01/21/15
09/01/11
Intellectual Property & Technology Law Journal- Volume 23, Number 9
06/01/11
Promising New Strategies to Defeat False Marking Trolls
Intellectual Property & Technology Update, M&E Newsletter - Volume 6, Issue 1