Mark C. Fleming

Mark C. Fleming: Professional Summary

Mark C. Fleming is the co-chair of Wilmer Cutler Pickering Hale and Dorr's Appellate and Supreme Court Litigation Practice, where he has spent his career. His practice is overwhelmingly focused on high-stakes appellate litigation, particularly in patent law, rather than trial-level proceedings. He frequently argues before the U.S. Court of Appeals for the Federal Circuit and has argued multiple patent and non-patent cases before the Supreme Court of the United States. His patent-related work spans a wide array of technologies, including cellular technology, semiconductors, medical devices, biotechnology, and computer server technology.

Fleming primarily represents major operating companies defending against patent infringement allegations, a focus consistent with the provided data showing him on the plaintiff's side in a declaratory judgment action (Apple Inc. v. Topwire LLC). His notable appellate victories include securing the vacatur of the largest patent infringement judgment in U.S. history (over $2.75 billion) for Cisco Systems in Centripetal Networks v. Cisco and overturning patent judgments totaling over $500 million for clients including Apple and PNC Bank in separate appeals. He successfully argued for the reversal of a nearly $223 million verdict against PNC Bank after the Federal Circuit found the patents-in-suit ineligible.

While Fleming does not appear to have a first-chair trial practice before the Patent Trial and Appeal Board (PTAB), he is extensively involved in appellate work originating from PTAB decisions. He has served as counsel of record on multiple appeals to the Federal Circuit and petitions to the Supreme Court stemming from inter partes review (IPR) proceedings, representing major technology companies such as Apple.

Mr. Fleming earned his J.D., magna cum laude, from Harvard Law School and served as a law clerk for Justice David H. Souter of the U.S. Supreme Court. He is admitted to practice in Massachusetts and before numerous federal appellate courts, including the Federal Circuit and the U.S. Supreme Court.