Mark D. Selwyn

The ongoing litigation between Selwyn's client, Apple Inc., and Samsung Electronics Co. Ltd. continues to be a major part of Selwyn's practice.

He manages and coordinates Apple's defense against allegations by Samsung of patent infringement on four continents, including cases in the U.S. International Trade Commission and the Northern District of California.

The cases have involved defending more than 50 patent assertions by Samsung.

"I've had responsibility for arguing motions - discovery, Markman and summary judgment," said Selwyn, who now is preparing for another trial in the patent infringement dispute. "It's been a busy year." Apple Inc. v. Samsung Electronics Co. Ltd. et al, 12-630 (N.D. Cal., filed Feb. 8, 2012).

He credits his team and legal counterparts abroad, along with Apple's in-house counsel and engineers, with helping him navigate through the highly complex landscape.

"We have been able to demonstrate that Samsung's claims of infringement are not well founded and we've been successful in defeating them in the U.S. and abroad."

A key challenge is being able to work in very different legal systems overseas.

For instance, while jurors are being used in the U.S.-based litigation, that is not the case outside of our borders, Selwyn said.

"Each country has its own procedures and ways of considering and hearing the evidence," he added. "The United States is unusual in putting these issues before a jury to decide."

Juries can bring common sense that can go a long way, Selwyn said.

"In other jurisdictions, where they don't have juries, judges will hear the evidence and make the determination," he added. "One is not necessarily better than the other. It's just a different way of handing similar issues."

- Pat Broderick