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Education

  • J.D., Rutgers University School of Law - Newark, Research Editor, Rutgers Law Review
  • B.A., Colgate University, History, 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
  • U.S. District Court, Southern District of New York

Memberships & Affiliations

New Jersey Intellectual Property Law Association – Secretary (2017)

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, LED lighting, food service. consumer electronics, and pharmaceuticals.  

Mr. Anania’s recent litigation successes include:

  • 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;
  • Obtaining two preliminary injunctions for a secured creditor to prohibit the dissipation of patent rights pledged as collateral by debtors located in the Western District of Washington and the Northern District of Illinois;
  • 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;
  • 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;
  • 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.

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 on the Board of the New Jersey IP Lawyers Association, a frequently published author, and recognized as a Rising Star for IP Litigation in New Jersey for four 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

PATENT LITIGATION
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.
Internationally Based Secured Creditor
Currently representing an internationally based secured creditor in declaratory judgment suits over disputed ownership claims to patent rights in the Western District of Washington and the Northern District of Illinois.
International LED Lighting Company
Represented an international LED lighting company in a case involving nine asserted utility and design patents related to outdoor lighting fixtures in the Southern District of New York.
NJ-Based Medical Device Company
Represented a New Jersey-based medical device company in several patent infringement suits across the country and before the Federal Circuit relating to antiseptic caps for luer access valves.
International Medical Device Supplier
Represented an international medical device supplier before the Southern District of New York and the Federal Circuit in a patent infringement, copyright infringement, unfair competition, and state law claims suit relating to thermally conductive thermometers.

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