Mark Selwyn Named a 2021 “Top Intellectual Property Lawyer” by Daily Journal

• 5.5.2021

Palo Alto-based Mark Selwyn has been named to the Daily Journal’s list of Top Intellectual Property Lawyers. This list honors lawyers in California who have achieved exceptional accomplishments in the field, played a role in helping advance technological innovation, and handled work critical to the entertainment, medical and technology industries.

This year’s edition marks Selwyn’s twelfth appearance on the list. Selwyn is co-chair of the firm’s IP Litigation Practice, and his specialties include defending against assertions of standard essential patents in the US and globally.

Selwyn’s profile highlights one of his closely watched matters, involving a government agency. Selwyn is representing a group of technology companies in their lawsuit against Andrei Iancu, former director of the US Patent and Trademark Office, in a challenge to the director’s discretionary authority in inter partes review proceedings before the Patent Trial and Appeal Board. Daily Journal noted that this particular matter stands out because “it is an effort to abolish the NHK-Fintiv rule, established by Iancu, that lets the PTAB decline to review a patent based on the progress of a parallel infringement case in a federal court or other agency.” Selwyn and team argues that the rule violates the Administrative Procedure Act and it defeats the purpose of IPR.

“The case is about a rule used by the director to deny others meritorious IPRs, and it’s used often enough that the companies we represent thought it worthwhile to challenge,” says Selwyn.