Mark Walters

Practice Areas

Mark Walters is a nationally recognized trial and appellate lawyer whose practice focuses on complex intellectual property and commercial litigation. Based in Seattle, Mark has built a reputation for excellence in patent, trade secret, and trademark disputes across a wide range of technical fields—including software, biotechnology, genetics, and advanced manufacturing. His work spans federal trial courts, the Federal Circuit, and the U.S. Supreme Court.

Mark has served as lead trial counsel in numerous cases involving complex technologies and high financial stakes. His courtroom experience includes multiple federal jury trials, where he has secured multimillion-dollar verdicts for plaintiffs and complete defense victories in “bet-the-company” litigation. His appellate experience is similarly distinguished. He has argued before the U.S. Courts of Appeals for the Ninth and Federal Circuits and appeared before the United States Supreme Court, reflecting the national scope and depth of his practice.

Among his most notable representations, Mark served as counsel for Nexeon in a major trade secret case against Group14, involving cutting-edge battery anode materials. He also represented the defendant in International Seaway Trading Corp. v. Walgreens Boots Alliance, Inc., a landmark design patent case that helped clarify the law on obviousness and the proper role of prior art references. The Federal Circuit’s decision in that matter has become an important precedent in design patent law.

Mark’s litigation work also includes significant experience with patent, trademark, unfair competition, and false advertising claims. He regularly advises clients in emerging industries, including the cannabis sector, where regulatory complexity intersects with IP enforcement. In one recent matter, he developed litigation strategies for enforcing a portfolio of design and utility patents alongside trade dress rights in packaging—demonstrating his versatility in overlapping IP regimes.

In addition to his trial and appellate experience, Mark is regularly called upon to advise technology companies on IP strategy. He provides patentability assessments, freedom-to-operate opinions, and guidance on licensing and enforcement. His technical insight and litigation background allow him to help clients make strategic decisions grounded in the realities of courtroom risk.

Reflecting the judiciary’s confidence in his expertise, Mark has been appointed to serve as a Special Master in complex post-verdict patent enforcement proceedings by U.S. District Judge James L. Robart. In that role, Mark helped adjudicate enforcement and contempt issues arising from a jury verdict in a patent case, further demonstrating his ability to handle high-stakes, procedurally complex matters with neutrality and precision.

Mark is a registered patent attorney and a past president of the Seattle Intellectual Property American Inn of Court. He has been selected as a Washington Super Lawyer every year since becoming eligible in 2012 and has been listed in the IAM Patent 1000 – The World’s Leading Patent Professionals for Intellectual Property Litigation in Washington State.

In addition to his legal work, Mark frequently contributes to the legal community through writing and speaking. He has presented at CLE events hosted by the Washington State Bar Association, the Federal Bar Association, and the King County Bar Association. His 2013 lecture at American University in Washington, D.C., focused on the implications of Bowman v. Monsanto and the intersection of patent exhaustion and biotechnology innovation. He also co-presented with fedeal trial judges on the evolution of virtual trials in the federal courts, providing insights into best practices for remote advocacy.

Mark’s practice is defined by rigorous advocacy, technical fluency, and a pragmatic approach to litigation. Clients rely on his ability to translate complex technology into compelling narratives for judges and juries, and to provide practical guidance informed by deep courtroom experience. Whether advising a startup on early-stage IP protection or defending a multinational in federal court, Mark brings a rare combination of legal acumen, trial skill, and strategic judgment.

Career

Presenter, “Diversity in IP Litigation,” Seattle IP Inn of Court (2023): Delivered this presentation in January 2023, addressing implicit bias, Batson challenges, and equitable practices in the legal profession

- Presenter, “Mock Voir Dire for Teachers,” Federal Bar Association WDWA Educational Outreach (2022): Assisted Judges of the Western District of Washington in a Mock Vior Dire session to help Educators understand the civil jury selection process

- Panelist, Zoom Trials, Federal Bar Association-Western District of Washington (September 2021): Co-led a panel on conducting federal court trials via Zoom, featuring Judge Lasnick and Michael S. Wampold, among others

- Panelist, "Seeds of Exhaustion: Bowman v. Monsanto," BIO IP Counsels Committee Conference (San Diego, 2013): Discussion of Supreme Court case law on patent exhaustion held by one of the largest trade organizations for the biotechnology industry

- Speaker, Supreme Court IP Review, Chicago-Kent College of Law (2013): Spoke about Supreme Court cases for the October Term 2012 to law students and faculty

- Speaker, "Bowman v. Monsanto and the Future of Patent Exhaustion," American University, Washington College of Law (February 2013); Recap of the oral arguments in Bowman v Monsanto for students and faculty

- Speaker, Legislative Ag Chairs Summit, Vancouver, BC (2013): Provided insights into US patent law for attendees at Summit

- Presenter, FBA–WDWA Annual CLE, December 5, 2012 — “Western District of Washington Lawyers at the U.S. Supreme Court”

Publications

- Holding Back the Clock: Confusion about the on-sale bar, IP Law & Business (2008)

-A Supreme Waste of Time: Labcorp v. Metabolite, WSBA IP Journal (2006)

- Contributor: FLH FDA Lawyers Blog, Washington State Patent Law Blog

Personal

Board Member, The Mountaineers

Past President, Washington Wild

Experience

Group14 Techs., Inc. v. Nexeon Ltd., No. C22-1354 TSZ, 2024 U.S. Dist. LEXIS 168547 (W.D. Wash. Sep. 18, 2024)

Cal. Expanded Metal Prods. Co. v. Klein, 2024 U.S. Dist. LEXIS 3810 (C.D. Cal. 2024)

Parse Biosciences, Inc. v. Shendure, 2024 U.S. Dist. LEXIS 203304 (W.D. Wash. 2024)

Yita LLC v. MacNeil IP LLC, 69 F.4th 1356 (Fed. Cir. 2023), cert. denied, 144 S. Ct. 128 (2023)

Her Majesty the Queen in Right of Canada v. Van Well Nursery, Inc., 649 F. Supp. 3d 1055 (E.D. Wash. 2022)

Summers Family Tr. Ta Neak Prods. Buff WA Pty Ltd. v. Nat'l Distribution Warehouse Inc., No. 2:21-cv-00797-DGE, 2022 U.S. Dist. LEXIS 73534 (W.D. Wash. Mar. 24, 2022)

Glob. Cure Med. LLC v. Alfa Pharma LLC, No. C19-588 MJP, 2021 U.S. Dist. LEXIS 28699 (W.D. Wash. Feb. 16, 2021)

Khalid v. Citrix Sys., Inc., Nos. 79143-5-I, 79405-1-I, 79145-1-I, 79305-5-I, 2020 Wash. App. LEXIS 3189 (Ct. App. Dec. 7, 2020)

3M Co. v. Westech Aerosol Corp., IPR2018-00576 (Patent Trials and Appeals Board 2019)

Genetic Veterinary Scis., Inc. v. LABOKLIN GmbH & Co. KG, 933 F.3d 1302 (Fed. Cir. 2019)

Eat Right Foods, Ltd. v. Whole Foods Mkt., Inc., 880 F.3d 1109 (9th Cir. 2018)

Interval Licensing LLC v. AOL Inc., 193 F. Supp. 3d 1184 (W.D. Wash. 2016), aff’d, 2018 U.S. App. LEXIS 20277 (Fed. Cir. 2018)

Headspace Int’l LLC v. Podworks Corp., 5 Wn. App. 2d 883 (2018)

IShow.com Inc. v. Lennar Corp., No. 2:15-cv-01550-RSL (W.D. Wash. 2017)

Genetic Veterinary Scis., Inc. v. Canine EIC Genetics, LLC, 101 F. Supp. 3d 833 (D. Minn. 2015)

Pacific Coast Marine Windshields Ltd. v. Malibu Boats, LLC, 739 F.3d 694 (Fed. Cir. 2014)

Bowman v. Monsanto Co., 569 U.S. 278 (2013)

Lucky Break Wishbone Corp. v. Sears Roebuck & Co, 373 F. App'x 752 (9th Cir. 2010)

Nat’l Prods. v. Gamber-Johnson LLC, 734 F. Supp. 2d 1160 (W.D. Wash. 2010)

Int'l Seaway Trading Corp. v. Walgreens Corp., 589 F.3d 1233 (Fed. Cir. 2009)

Education