Mark S. Einsiedel

Associate

Columbus
T +1.614.462.4709
F +1.614.462.2616

Overview

Mark Einsiedel is an intellectual property attorney with more than eight years of experience guiding clients through the most effective courses of action to protect, sustain and strengthen intellectual property rights. He has also handled cases pertaining to patent and trademark infringement and trade secret misappropriation, working with clients ranging from start-ups to Fortune 500 companies. His areas of concentration include worldwide patent portfolio management, counseling, exploitation, enforcement and litigation in federal court and before the Patent Trial and Appeal Board.

For an entrepreneurial-minded attorney such as Mark, a practice that targets patent litigation and electrical, mechanical and computer science prosecution is second nature. Before graduating law school, Mark’s inventiveness had already helped inspire two unique companies: one that launched a medical device for diagnosing malaria in third-world countries and another that specialized in the sale of rare shoes.

Select Experience

  • Creation and implementation of complex strategies for the introduction, development, management, enhancement and enforcement of core patent rights and large portfolios in the United States and globally.
  • Close collaboration with in-house counsel and engineering executives in relation to day-to-day management of worldwide patent portfolios.
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Experience

  • Creation and implementation of complex strategies for the introduction, development, management, enhancement and enforcement of core patent rights and large portfolios in the United States and globally.
  • Close collaboration with in-house counsel and engineering executives in relation to day-to-day management of worldwide patent portfolios.
  • Acting as a key member of a team in a number of prominent federal court litigations and PTAB proceedings, including:
    • defending a software company faced with patent infringement;
    • defending a manufacturer of child car seats faced with patent infringement;
    • representing a global hygiene and health company in federal court patent infringement actions;
    • defending a sporting goods company faced for trademark infringement;
    • defending a manufacturer of commercial building materials faced with trade secret misappropriation.
  • Serving as a key member of a team in intellectual property disputes and negotiation of favorable resolutions.
  • Preparation and filing of a number of PTAB proceedings.
  • Responsible for drafting and prosecution of hundreds of patent applications, including securing approximately 40 patents related to a medical device for a manufacturing start-up and then securing licensing for the device to a multinational conglomerate.

Recognitions and Memberships

Memberships

  • Ohio State Bar Association
  • American Bar Association
  • Cleveland Intellectual Property Law Association

Prior Positions

  • Buy-Rare-Shoes.com: Owner/Operator (2012 to 2015)
  • Disease Diagnostic Group:
    Co-Founder (2011 to 2012)

Admissions

  • U.S. Court of Appeals, Federal Circuit
  • U.S. District Court, Northern District of Ohio
  • U.S. Patent and Trademark Office, Registration No. 76,726
  • Ohio

Education

  • J.D., Case Western Reserve University School of Law, 2015; magna cum laude; Case Western Reserve Law Review, Associate Editor
  • B.S., Mechanical Engineering, Case Western Reserve University, 2012

Blog

In The Blogs

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IP Intelligence: Insight on Intellectual Property
Considerations For Applicants and Practitioners Due to Recent EPC Guidelines Regarding Description Amendment Rrequirements
By Mark S. Einsiedel
March 7, 2022
Article 84 of the European Patent Convention (EPC) requires that the claims of a European patent application “shall define the matter for which protection is sought” and “shall be clear and concise and be supported by the description.”[i]...
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IP Intelligence: Insight on Intellectual Property
Reasonable Expectation of Success' Analysis Must Be Tied to Claim Limitations
By Mark S. Einsiedel
December 16, 2021
One common rationale used to support an obviousness argument is that the patented solution would have been “obvious to try.” The Supreme Court has stated that where “there are a finite number of identified, predictable solutions” for...
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IP Intelligence: Insight on Intellectual Property
Use of Infringement Disclaimer to Preserve Favorable PTAB Decision
By Mark S. Einsiedel
March 4, 2021
In a recent precedential opinion, ABS Global Inc. v. Cytonome/ST, LLC, 984 F.3d 1017 (Fed. Cir. 2021), the Federal Circuit held that the disclaimer of a right to appeal a district court’s summary judgment of non-infringement mooted a...
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