As a litigator, Mark H. Anania has taken several matters to trial in federal district courts across the country and before the International Trade Commission. Mark is equally experienced before the Federal Circuit, having litigated numerous appeals on various IP issues (including post-grant proceedings). Over the course of his career, he has represented Fortune 500 companies to closely held businesses in various industries including medical devices, athletic goods, LED lighting, food service, consumer products, and pharmaceuticals. Mark’s recent litigation successes include:
- Obtaining summary judgment of invalidity on over forty-five patent claims asserted against a New Jersey medical device manufacturer by its chief rival in the Southern District of California;
- Securing two preliminary injunctions for a secured creditor to prohibit the dissipation of patent rights involving FinTech in the Western District of Washington and the Northern District of Illinois;
- Winning a jury trial on willful patent infringement, validity, and copyright infringement on behalf of an international medical device manufacturer in the Southern District of New York, which was upheld in relevant part on appeal to the Federal Circuit;
- Excluding all potential damages in a trademark infringement suit on behalf of a restaurant and food services provider in the District of Connecticut; and
- 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.
Outside of the courtroom, Mark 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 community, Mark is on the Board of Managers of the New Jersey IP Lawyers Association and a frequently published author and speaker on IP issues. In addition, Mark holds several positions in the golf industry, including serving as a member of the Board of Trustees of the New Jersey State Golf Association, which contribute to his legal practice in that area. Mark graduated 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, Mark was a judicial intern for the Hon. Madeline Cox Arleo, then-U.S.M.J.