Mind + Muscle

technical minds + legal muscle

Bracket
Sterne Kessler Goldstein Fox
"Smart and well prepared, he understands which arguments will have the most impact"
IAM Patent 1000 2016

 

Named 2013 - 2016 "IP Star" by Managing Intellectual Property

 

 "Mark Evens is a thorough, knowledgeable litigator who has created excellent pleadings and exchange documents, and has worked well with us in our strategic analysis of how to best manage cases."
Richard L. Faherty, CIO - BioReference Laboratories  
Mark Fox Evens

Mind + Muscle

Mark Fox Evens

Director

 

Mr. Evens, former chair of the Litigation Group, focuses his practice on IP litigation.  With over thirty years of trial and appellate experience, he has the requisite skills to persuade judges and juries by distilling the case to a simple, but compelling story.  He has successfully represented clients in patent infringement cases across a broad spectrum of technologies including medical devices, biotechnology, electronics, software, engineering, food technology and footwear technology.  Mr. Evens has litigated domain name cases, copyright issues, trademark issues, Lanham Act issues, false advertising matters, licensing and contract disputes, including government contract issues, and trade secret cases.

Given the expense of litigation and the potential disruption to business operations, Mr. Evens employs a goals-oriented approach to resolving disputes.  At the outset of every litigation, he initiates an early case management analysis, working closely with the client to develop a strategy designed to achieve the defined objectives as quickly and efficiently as possible.  The early case management analysis involves a thorough assessment of the client's litigation position including studying the strength of the patents-in-suit, the technology involved, the value of the case to the client in terms of exposure, either monetary or injunctive relief, and the most effective way to control litigation costs, particularly e-discovery.  Our litigation team meet with the client early on to determine who best can tell the client's story, how documents are kept and what documents are important or relevant to that story.  Mr. Evens brings together a litigation team that consists of experienced trial lawyers and attorneys versed in the specific technology involved in the lawsuit and possessing a knowledge of patent law, drawing from the firm's more than 50 Ph.D.'s.  Applying Sterne Kessler's unique blend of litigation skill and technical expertise, the Sterne Kessler litigation team deftly develops a strategy that combines the nuances of patent law with industry and technical experience and litigation muscle to the advantage of the client, often resulting in a relatively early and cost effective resolution to the litigation. Recently, the team obtained summary judgment in a patent infringement case in the Western District of New York, thus avoiding the expense and uncertainty of trial.

Upon graduating law school, Mr. Evens clerked for the Honorable George M. Cochran, an associate justice for the Supreme Court of Virginia.  He then spent five years at the Department of Justice litigating complex government contract and Administrative Procedure Act ("APA") cases. That experience gave him a valuable understanding of the inner workings of federal agencies, particularly while he represented contracting agencies such as the Department of Defense and NASA on high-tech programs. One hearing involved technology so sensitive that the hearing had to be held at the Pentagon.  Mr. Evens' experience has been particularly useful to clients in protecting clients' intellectual property rights when dealing with the government and in litigating actions involving the government.

Since leaving the Department of Justice, Mr. Evens has litigated sophisticated patent infringement, copyright and trademark issues, Anti-Cyber Squatting cases as well as Lanham Act false advertising cases and antitrust claims.  He has a broad range of trial experience at both the federal and state trial levels.  He also is an experienced appellate lawyer having appeared before the Federal Circuit, District of Columbia Circuit, the Fourth Circuit, the Fifth Circuit, and the North Carolina Supreme Court.

His patent litigation experience covers a wide spectrum.  Mr. Evens currently represents biotech companies in cases involving gene synthesis technology and microchip electrophoresis technology.  Mr. Evens recently settled matters for a major electronics company that involved data transformation technology.

Mr. Evens is admitted Pro Hac Vice in the following courts: Southern District of Texas, Eastern District of Texas,  District of Delaware,  Southern District of New York, Western District of Wisconsin, Central District of California,  Western District of Louisiana, Eastern District of Louisiana, Eastern District of Pennsylvania, Western District of Pennsylvania, South Carolina, District of Guam, Southern District of Ohio, District of Maryland.

  • Symantec Corporation v. Veeam Software Corporation, (N.D. CA):  Lead trial counsel representing Defendant Veeam Software Corporation in a bet-the-company litigation involving four patents in computer backup and replication technology.  To date, plaintiff has dismissed three of the asserted patents with prejudice. The PTO instituted proceedings in requests for inter parties review challenging patentability of three of the four asserted patents.

    Symantec Corporation v. Veeam Software Corporation, (N.D. CA):  Lead trial counsel representing Defendant Veeam Software Corporation in a second high-stakes litigation that involves another four patents in computer backup and replication technology. This case was consolidated with the first case.

    Veeam Software Corporation v. PB&J Software, LLC (S.D. OH):  Lead trial counsel representing Plaintiff Veeam Software Corporation in a declaratory judgment action challenging a non-practicing entity's allegations of infringement.

    Grape Technology Group, Inc., et al. v. Jingle Networks, Inc. (D. DE):  Represented defendant in patent infringement action that involves technology in the field of telephone directory assistance. Obtained jury verdict of non-infringement.

    Nanosys, Inc. v. Nanoco Technologies Ltd. (W.D. WI):  Lead trial counsel for plaintiff in this patent infringement to enforce patents covering highly luminescent color selective nanocrystalline materials. Obtained favorable settlement.

    Juxtacomm v. Sybase, et al., (E.D. TX): Lead trial counsel  for Sybase in this patent infringement action involving technology for electronically storing transforming data.  Obtained settlement following claim construction.

    febit holding GmbH v. Codon Devices, Inc., (D. DE): Lead trial counsel for German biotech company in a patent infringement action.  Technology involves a method patent for gene synthesis using microarray technology.  Obtained favorable settlement.

    decisioning.com v. TD Ameritrade, (D. SC): Lead trial counsel for defendant in patent infringement action.  Obtained summary judgment after Markman.  District Court's decision substantially affirmed on appeal.

    Cushion Technologies LLC v. adidas, et al., (E.D. TX): Lead trial counsel for adidas, Reebok and Rockport in a patent infringement action.  Defense resulted in favorable settlement.

    Stream Theory LLC v. Exent Technologies, Inc. (C.D. CA): Lead trial counsel for defendant in patent infringement action.  Early damages analysis lead to favorable settlement.

    Tailored Lighting, Inc. v. Osram Sylvania, (W.D. NY): Represented defendant in a patent infringement action. Obtained summary judgment of non-infringement and invalidity.

    Quickie, LLC v. Medtronic, (S.D. NY): Lead trial counsel for plaintiff in a patent infringement case involve a knotless suture medical device for minimally invasive heart surgery.

    Stormcepter Corp. v. Valley Blox, (E.D. VA): Lead trial counsel for defendant in patent infringement jury trial. Despite adverse jury verdict finding willfulness, successfully negotiated a license allowing client to sell off infringing inventory. Court denied plaintiff's request for a multiplier and attorneys' fees.

    Venetian Casino v. Venetiangold.com, (E.D. VA): Lead trial counsel for defendant in Anti-Cyber Squatting case.

    USA v. SEMA, (E.D. VA): Lead trial counsel defending a  government contractor in a False Claims Act case to a successful conclusion, obtaining a favorable settlement and avoiding any debarment and suspension issues. Defense had been complicated because we took over defense on the eve of the close of fact discovery.

    Lumber Liquidators v. BuildDirect, (E.D. VA): Lead trial counsel for defendant in a copyright infringement case.  Defense strategy resulted in a favorable settlement early in the case.

    Honeywell v. Brasher LP: Lead trial counsel for Brasher LP, a government contractor, developing the rifle sight device for the latest army rifle (combination rifle/grenade launcher.)  Honeywell claimed its patent covered the technology.  Strategy of demonstrating invalidating prior art led Honeywell to drop the matter before even filing suit.  Prompt resolution was critical since Brasher was in the middle of an important asset sale, and a litigation could have affected the value of the deal.

    Deltek v. Kinetek Consulting, (E.D. VA): Lead trial counsel in this copyright infringement action.  Represented defendant.  Strategy avoided major litigation costs and led to dismissal of the case with the parties entering into a going forward business arrangement.

    Logan Farms v. The Honeybaked Ham Company, (W.D. LA): Lead trial counsel for patent infringement, fraud, Lanham Act, breach of contract. Lead trial counsel for defendants in jury trial on all but the patent infringement claim resulted in successful verdict on breach of contract with a $10.4m award to the plaintiff for fraud and Lanham Act. Court granted judgment as a matter of law, reducing the award to $0. Affirmed by Fifth Circuit.

    Logan Farms v. The Honeybaked Ham Company, (S.D. OH): Continuation of above-stated litigation.  Won on summary judgment.

    LeBlanc v. Larken Hotels, (E.D. VA): Lead trial counsel for defendant, owner operator of hotels in Employee Retirement Income Security Act (ERISA) case brought by pension investors seeking $75m in restitution.  Initially won on summary judgment and obtained $1m award of attorneys' fees.  Fourth Circuit affirmed on all counts save the ERISA count after two arguments.  Prevailed at trial.  While on appeal, negotiated favorable settlement.

    500 Chinese Nationals v. Bank of China and adidas, (D. DC): Lead trial counsel for Bank of China in political case based on Alien Torture Act.  Plaintiff sought damages of several billion dollars.  Won on summary judgment after aggressive defense strategy resulted in prevailing on summary judgment (successful assertion of Foreign Sovereign Immunity Act) and avoiding all but minimal discovery costs (responding to limiting discovery to minor document requests and interrogatories, no depositions).  Affirmed on appeal.

    Walker v. Sloan Financial Corp., (State Court NC): Represented SFG and owner on "bet- the-company" case.  Obtained a successful jury verdict on the "bet-the-company" issue. Two minor issues decided for the plaintiffs were settled prior to appeal.

    SFG v. Becket, (State Court NC): Complex litigation arising out of failed OPIC (Overseas Private Investment Committee) Fund of $135m.  Litigation resulted in favorable settlement for client.

  • Representative Matters
      • Symantec Corporation v. Veeam Software Corporation, (N.D. CA):  Lead trial counsel representing Defendant Veeam Software Corporation in a bet-the-company litigation involving four patents in computer backup and replication technology.  To date, plaintiff has dismissed three of the asserted patents with prejudice. The PTO instituted proceedings in requests for inter parties review challenging patentability of three of the four asserted patents.

        Symantec Corporation v. Veeam Software Corporation, (N.D. CA):  Lead trial counsel representing Defendant Veeam Software Corporation in a second high-stakes litigation that involves another four patents in computer backup and replication technology. This case was consolidated with the first case.

        Veeam Software Corporation v. PB&J Software, LLC (S.D. OH):  Lead trial counsel representing Plaintiff Veeam Software Corporation in a declaratory judgment action challenging a non-practicing entity's allegations of infringement.

        Grape Technology Group, Inc., et al. v. Jingle Networks, Inc. (D. DE):  Represented defendant in patent infringement action that involves technology in the field of telephone directory assistance. Obtained jury verdict of non-infringement.

        Nanosys, Inc. v. Nanoco Technologies Ltd. (W.D. WI):  Lead trial counsel for plaintiff in this patent infringement to enforce patents covering highly luminescent color selective nanocrystalline materials. Obtained favorable settlement.

        Juxtacomm v. Sybase, et al., (E.D. TX): Lead trial counsel  for Sybase in this patent infringement action involving technology for electronically storing transforming data.  Obtained settlement following claim construction.

        febit holding GmbH v. Codon Devices, Inc., (D. DE): Lead trial counsel for German biotech company in a patent infringement action.  Technology involves a method patent for gene synthesis using microarray technology.  Obtained favorable settlement.

        decisioning.com v. TD Ameritrade, (D. SC): Lead trial counsel for defendant in patent infringement action.  Obtained summary judgment after Markman.  District Court's decision substantially affirmed on appeal.

        Cushion Technologies LLC v. adidas, et al., (E.D. TX): Lead trial counsel for adidas, Reebok and Rockport in a patent infringement action.  Defense resulted in favorable settlement.

        Stream Theory LLC v. Exent Technologies, Inc. (C.D. CA): Lead trial counsel for defendant in patent infringement action.  Early damages analysis lead to favorable settlement.

        Tailored Lighting, Inc. v. Osram Sylvania, (W.D. NY): Represented defendant in a patent infringement action. Obtained summary judgment of non-infringement and invalidity.

        Quickie, LLC v. Medtronic, (S.D. NY): Lead trial counsel for plaintiff in a patent infringement case involve a knotless suture medical device for minimally invasive heart surgery.

        Stormcepter Corp. v. Valley Blox, (E.D. VA): Lead trial counsel for defendant in patent infringement jury trial. Despite adverse jury verdict finding willfulness, successfully negotiated a license allowing client to sell off infringing inventory. Court denied plaintiff's request for a multiplier and attorneys' fees.

        Venetian Casino v. Venetiangold.com, (E.D. VA): Lead trial counsel for defendant in Anti-Cyber Squatting case.

        USA v. SEMA, (E.D. VA): Lead trial counsel defending a  government contractor in a False Claims Act case to a successful conclusion, obtaining a favorable settlement and avoiding any debarment and suspension issues. Defense had been complicated because we took over defense on the eve of the close of fact discovery.

        Lumber Liquidators v. BuildDirect, (E.D. VA): Lead trial counsel for defendant in a copyright infringement case.  Defense strategy resulted in a favorable settlement early in the case.

        Honeywell v. Brasher LP: Lead trial counsel for Brasher LP, a government contractor, developing the rifle sight device for the latest army rifle (combination rifle/grenade launcher.)  Honeywell claimed its patent covered the technology.  Strategy of demonstrating invalidating prior art led Honeywell to drop the matter before even filing suit.  Prompt resolution was critical since Brasher was in the middle of an important asset sale, and a litigation could have affected the value of the deal.

        Deltek v. Kinetek Consulting, (E.D. VA): Lead trial counsel in this copyright infringement action.  Represented defendant.  Strategy avoided major litigation costs and led to dismissal of the case with the parties entering into a going forward business arrangement.

        Logan Farms v. The Honeybaked Ham Company, (W.D. LA): Lead trial counsel for patent infringement, fraud, Lanham Act, breach of contract. Lead trial counsel for defendants in jury trial on all but the patent infringement claim resulted in successful verdict on breach of contract with a $10.4m award to the plaintiff for fraud and Lanham Act. Court granted judgment as a matter of law, reducing the award to $0. Affirmed by Fifth Circuit.

        Logan Farms v. The Honeybaked Ham Company, (S.D. OH): Continuation of above-stated litigation.  Won on summary judgment.

        LeBlanc v. Larken Hotels, (E.D. VA): Lead trial counsel for defendant, owner operator of hotels in Employee Retirement Income Security Act (ERISA) case brought by pension investors seeking $75m in restitution.  Initially won on summary judgment and obtained $1m award of attorneys' fees.  Fourth Circuit affirmed on all counts save the ERISA count after two arguments.  Prevailed at trial.  While on appeal, negotiated favorable settlement.

        500 Chinese Nationals v. Bank of China and adidas, (D. DC): Lead trial counsel for Bank of China in political case based on Alien Torture Act.  Plaintiff sought damages of several billion dollars.  Won on summary judgment after aggressive defense strategy resulted in prevailing on summary judgment (successful assertion of Foreign Sovereign Immunity Act) and avoiding all but minimal discovery costs (responding to limiting discovery to minor document requests and interrogatories, no depositions).  Affirmed on appeal.

        Walker v. Sloan Financial Corp., (State Court NC): Represented SFG and owner on "bet- the-company" case.  Obtained a successful jury verdict on the "bet-the-company" issue. Two minor issues decided for the plaintiffs were settled prior to appeal.

        SFG v. Becket, (State Court NC): Complex litigation arising out of failed OPIC (Overseas Private Investment Committee) Fund of $135m.  Litigation resulted in favorable settlement for client.

  • Admissions
      • District of Columbia

      • Virginia

      • Court of Appeals for the Federal Circuit

      • District of Columbia Court of Appeals

      • United States Court of Appeals for the Fourth Circuit

      • United States Court of Appeals for the Fifth Circuit

      • United States Court of Appeals for the Sixth Circuit

      • United States District Court for the District of Columbia

      • United States District Court for the Eastern District of Virginia

      • Supreme Court of Virginia

      • United States Court of Federal Claims

  • Education
    • J.D., University of Virginia

    • B.A., History, University of North Carolina - Chapel Hill

    X

    Unsolicited e-mails and information sent to Sterne, Kessler, Goldstein & Fox P.L.L.C. will not be considered confidential or privileged, may be disclosed to others, may not receive a response, and do not create an attorney-client relationship with Sterne Kessler.  If you are not already a client of Sterne Kessler, do not include any confidential information in this message.