Mark is a Partner in Shook’s Denver office focusing on high-stakes trials and technology litigation. He is a member of Shook’s IP Litigation group, nationally ranked by U.S. News and World Report as Tier 1 in Patent Litigation.
Mark’s teams boast an impressive record of success in intellectual property matters. For plaintiffs, they have obtained hundreds of millions of dollars in verdicts and settlements in competitor patent suits. They also routinely—and successfully—defend large technology companies and startups from multimillion-dollar intellectual property claims. Mark’s teams achieve this success at an unmatched value by focusing on the issues that matter most, with his clients’ business objectives always top of mind.
Mark has litigated cases across the country spanning numerous technology fields. These fields include automotive, telecommunications, consumer electronics, medical devices and wearables, LED lighting, and computer software. No matter the complexity of the technology at issue, Mark’s core litigation philosophy remains the same: develop a compelling narrative that features his client’s success in innovation.
Prior to joining Shook, Mark received his JD/MBA from Washington University in St. Louis. While there, he was Editor-in-Chief of the Global Studies Law Review, worked on a venture capital team to evaluate and invest in early stage companies, and was awarded the Edward Jones Capital Markets Scholarship. He also helped lead a research team that used biometric sensor-based devices to study heart-related conditions, far before the commercialization of activity trackers and smartwatches.
Outside of the office, Mark enjoys spending time outdoors with his wife and two kids. This includes hiking, camping, biking, and cross-country skiing. Mark also enjoys writing and performing music and, for several years, he played electric guitar in a touring band.
Representative Matters
Sprint v. Time Warner Cable (D. Kan.) – Trial counsel for Plaintiff Sprint in patent infringement action involving 12 patents, securing jury verdict of willful infringement and damages award of $139.5 million. Affirmed by the Federal Circuit. The verdict was the second largest IP verdict nationally in 2017 and was selected to the National Law Journal’s Verdicts Hall of Fame. Fortune and Bloomberg reported on the case.
Sprint/T-Mobile Voice-over IP Litigations – Litigation counsel for Plaintiff Sprint/T-Mobile in multi-patent lawsuits across numerous jurisdictions resulting in hundreds of millions of dollars in settlements. Bloomberg, Reuters and Law360 reported on the case.
Consumer Electronics Litigations – Litigation counsel defending 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. Secured the first convenience-based transfer for this client out of the Waco division of WDTX. Achieved early dismissals and favorable settlements across several other patent lawsuits for this client.
First-Class Monitoring v. UPS (E.D. Tex.) – Litigation counsel for UPS in case involving SMS technology. Drafted the briefing to invalidate asserted patent on the pleadings.
Flectere v. UPS (E.D. Tex.) – Litigation counsel for UPS in patent infringement suit involving two patents on user authentication technology. Obtained dismissal of suit at the pleading stage.
Ironburg v. Valve Corporation (W.D. Wash.) – Trial counsel for Valve in first-ever fully remote patent trial.
CBRE v. Capital Commercial Real Estate Group (S.D. Fl.) – Litigation counsel for CBRE in trademark matter. Secured preliminary and permanent injunction against defendant.
Sioux Chief v. Zurn (D. Del.) – Litigation and IPR counsel for Sioux Chief in patent infringement action against Zurn involving drainage products. Defeated institution of IPR petition before favorable settlement.
CAO Lighting v. Feit Electric (C.D. Cal.) – Litigation counsel for Feit Electric in patent suit involving LED lighting devices.
Electrolysis Prevention Solutions v. DTNA (W.D.N.C.) – Litigation counsel for Daimler Trucks in ongoing patent litigation involving radiators.
Presentations and Publications
Mark Schafer, The Patent Process, IP Strategies, and Diligence, Colorado IP Inn of Court, February 5, 2024.
Mark Schafer and Chris Strobel, 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 14, 2018.
Mark Schafer, 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).