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 software startup in a patent infringement action seeking $525 million in damages; conducted direct examinations of infringement and validity expert prior to reaching a settlement just before closing statements
• 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

Perspectives

Co-author, No Sea Change in Patent Damages – For Now (May 2025)

Publications & Presentations

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) 

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)