Mark D. Selwyn

Palo Alto

Patent Litigation

Mark D. Selwyn has successfully led patent cases across the nation for more than 20 years, addressing numerous cutting-edge issues in intellectual property law and litigation along the way.

He moved to California in 2005 and helped open the firm's Palo Alto office, where he would shortly after co-chair the firm's IP litigation group. "Once I moved, my practice really consolidated into just IP litigation and I've been focused on it almost entirely ever since," he said.

Some of his clients include California tech companies such as Apple, Broadcom, Cisco, and Intel.

Last year, he led Apple in a global patent license litigation against Swedish multinational networking and telecommunications company Ericsson. It was one of the world's largest patent disputes of 2022. The litigation featured more than fifty cases across the U.S., Belgium, Brazil, Columbia, Germany, the Netherlands and the United Kingdom.

On domestic soil, Apple and Ericsson engaged in the first fair, reasonable, and nondiscriminatory determination jury trial in the U.S.'s history, which began in December 2022 in Texas. After four days of trial, the parties reached a global settlement, which involved a new multiyear global patent license deal for patented cellular standard-essential technologies, as well as other patent rights. Ericsson et al. v. Apple Inc., 21-376, 21-469 (E.D. Tex., filed Oct. 4, 2021).

He is currently leading Apple in litigation that targets Apple Watch products against medical technology company Masimo Corp. in both the International Trade Commission and Central District of California. Masimo Corp. et. al. v. Apple Inc., 8:20-cv-00048 (C.D. Cal., filed Jan. 9, 2020).

Earlier this year, Selwyn led the portion of the case relating to Masimo's alleged business trade secrets. At the close of evidence, the judge granted Apple's motion for judgment as a matter of law with respect to the alleged trade secrets, knocking more than a billion dollars of claimed damages out of the case, he said.

--Devon Belcher