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Mark Flagel
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Mark Flagel

Latham & Watkins LLP

United States

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About Mark Flagel

Although best known for his effective advocacy in high-stakes intellectual property litigation, Latham & Watkins LLP Partner Mark Flagel also provides counseling services to California’s innovative entrepreneurs and technology experts. Mark Flagel serves as the Co-Chair of the Information Technology: Hardware, Software & Services Industry Group and is the former Co-Chair of the Intellectual Property and Technology Practice Group.

Mark Flagel has achieved notable success on both sides of patent infringement suits. Representing Stac Electronics in a suit against market behemoth Microsoft, Mark Flagel and his colleagues helped his client win a jury award of $120 million. Defending a suit alleging infringement by Monolithic Power Systems, Inc., Mark Flagel led the trial team that secured a jury verdict providing a complete victory for MPS and finding that all of the asserted patent claims were invalid and none were literally infringed. The Los Angeles Daily Journal later named this one of the Top 10 Defense Verdicts of 2007.

In addition to his success in the courtroom, Mark Flagel brings his knowledge of intellectual property law to bear on pending transactional deals. Most recently, in January 2011, Mark Flagel joined a team of Latham & Watkins tax, benefits, and environmental partners to represent Lineage Power Holdings, Inc. in negotiations with General Electric Company, resulting in a $520 million deal.

Mark Flagel has supplemented his work for the firm with academic pursuits. In prior years he has taught at Loyola Law School Los Angeles, and he often speaks at various intellectual property conferences. He is also the co-author of the article “Federal Circuit Rules that False Marking Statute Requires Penalties Per Article.” Offering salient advice for his patent clients and other interested readers, Mark Flagel and his colleagues noted that the Federal Circuit’s decision in Forest Group, Inc. v. Bon Tool Company has given district courts discretion to award damages for each item upon which the word “patent” improperly appeared, not for each decision to improperly mark a line of products. Since this holding, in addition to confirming the availability of qui tam actions, would likely increase the number of false marking claims, Mark Flagel concluded that companies should conduct regular reviews of patent listings to delete inapplicable or expired patents. Additionally, his analysis recommended that patent license agreements should also account for indemnification for such claims as an incentive to achieve the policy goals underlying the false marking statute.

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