Mark Davies

Mark Davies is a seasoned patent litigator specializing in appellate strategy for technology companies, with a focus on hardware and software innovation. His practice encompasses patent, copyright, and trade secret law, with particular expertise in areas such as artificial intelligence, standard-setting, and patent damages. He has experience representing both plaintiffs and defendants, including defending operating companies against non-practicing entities (NPEs).

Currently a partner at White & Case LLP since joining in June 2024, Mr. Davies previously served as a partner and former Co-Chair of the Supreme Court and Appellate Practice Group at Orrick, Herrington & Sutcliffe LLP. He appeared as lead counsel for a plaintiff in an untitled case during his tenure at Orrick. His involvement in patent litigation also includes serving as local counsel for The Stafford Law Firm in Samsung Display Co., Ltd. v. BOE Technology Group Co., a prominent case concerning OLED display technology where Orrick was also part of the defense coalition. This particular case was resolved through a joint stipulation of dismissal with prejudice.

Mr. Davies' notable achievements include leading an amicus effort for Intel, Dell, and other technology companies in Impression Products, Inc. v. Lexmark International, which resulted in a US Supreme Court ruling on patent exhaustion cited by Chief Justice John Roberts. He also secured a Federal Circuit win in Bayer v. Dow Agroscience involving genetically modified herbicide-resistant plants and achieved two Federal Circuit victories for a global technology company, restoring patent protection for key smartphone technology. He actively handles appeals from the Patent Trial and Appeal Board (PTAB) and is engaged in litigation involving machine learning patents. Mr. Davies is the author of "Patent Appeals: The Elements of Effective Advocacy in the Federal Circuit" and "Artificial Intelligence: Law & Litigation," reflecting his thought leadership in these areas.

Admitted to the District of Columbia Bar, Mr. Davies is also admitted to practice before numerous U.S. Courts of Appeals, including the Federal Circuit, and the U.S. Supreme Court. He earned his J.D. from the University of Chicago Law School in 1995 and his B.A. in Ethics, Politics and Economics from Yale University. Prior to private practice, he served as a member of the Appellate Staff of the Civil Division at the U.S. Department of Justice from 1999 to 2006.