Mark D. Schafer

Mark’s practice focuses on high-stakes trials and technology litigation.

He has litigated cases nationwide and across a variety of technology sectors such as automotive, telecommunications, consumer electronics, medical devices and wearables, LED lighting, and computer software. Mark’s track record of success stems from his ability to craft a compelling narrative that showcases his client's achievements in innovation.

Mark has helped plaintiff clients secure over $1 billion dollars in verdicts and settlements in competitor patent suits. In addition, he has defended large technology companies and startups from multimillion-dollar intellectual property claims.

Mark is on the Board of Directors for the Colorado IP American Inn of Court, and is a member of the American Intellectual Property Association and the Denver Bar Association. 

Admitted to practice in Missouri and Colorado only; supervised by a member of the District of Columbia Bar.

Mark’s representative matters include:

• Trial counsel for a telecommunications company in a patent infringement action involving 12 patents; securing a jury verdict of willful infringement and damages award of $139.5 million, and affirmed by the Federal Circuit
• Litigation counsel for telecommunications company in patent infringement action; obtained summary judgment of infringement and privilege waiver, leading to a settlement of at least $350 million on the eve of trial
• Litigation counsel for telecommunications company in patent infringement action; reversed summary judgment finding of invalidity on six patents on appeal, leading to a settlement valued at nine-figures the day before jury selection
• Litigation counsel for telecommunications company in patent infringement action; defeated summary judgment motions on numerous issues, leading to nine-figure settlement the day before jury selection
• Litigation counsel for telecommunications company in multiple patent infringement actions; defeated summary judgment in each case, leading to settlements of eight or nine-figures
• Litigation counsel defending a Fortune 10 consumer electronics company in lawsuits pending in W.D. Tex. and N.D. Cal. related to health monitoring and activity tracking devices, mobile phones, digital cameras, and music players; each case resulted in dismissal on the merits or early favorable settlement
• Litigation counsel for a leading multinational courier company in a case involving SMS technology; achieved dismissal through finding of patent invalidity on the pleadings 
• Trial counsel for a video game company in the first-ever fully remote patent trial
• Litigation counsel for a real estate company in trademark matter; secured preliminary and permanent injunction against defendant
• Litigation and IPR counsel for a plumbing manufacturing company in patent infringement action against a competitor involving drainage products; defeated institution of IPR petition before favorable settlement
• Litigation counsel for a lightbulb manufacturing company in a patent suit involving LED lighting devices; won summary judgment of non-infringement on all claims
• Litigation counsel defending a national services company against claims of infringement on seven mobile payments patents with alleged nine-figure damages; settled shortly after successful IPR institution

Publications:

How the Leahy-Smith America Invents Act Sought to Harmonize United States Patent Priority with the World, A Comparison with the European Patent Convention, 12 Wash. U. Glob. Stud. L. Rev. 807 (2013) 

Presentations:

The Patent Process, IP Strategies, and Diligence, Colorado IP Inn of Court (February 2024)

Gaining the Upper Hand: Using Data-Driven Tools to Provide Better Patent Prosecution and Litigation Outcomes, Secret Sauce IP BBQ CLE, Kansas City, Kansas (September 2018)