
Education
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University of Iowa College of Law, J.D., with distinction, 1987
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Iowa State University, B.S., Chemical Engineering, 1985
Bar Admissions
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District of Columbia
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Virginia
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U.S. Patent and Trademark Office
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Minnesota (inactive)
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Mark Shanks represents parties involved in intellectual property litigation, including the representation of branded pharmaceutical manufacturers in patent infringement actions brought against generic drug-makers. His work in this area involves case management and strategy development, expert preparation and analysis of expert theories and reports, supervision of discovery request and response preparation, drafting of discovery and dispositive motions, deposition defense and negotiation of settlement terms.
In addition, Mr. Shanks counsels clients on IP matters as they affect mergers and acquisitions and other commercial and technology-related transactions, including due diligence and contract drafting and review. His work also encompasses evaluating patent validity and infringement in connection with marketing or patent enforcement decisions, investigating potential damages from infringement, formulating licensing strategies, negotiating licenses and prosecution of chemical, pharmaceutical, and mechanical patents.
Previously, Mr. Shanks was a founding partner of the IP firm Shanks & Herbert and later a partner at one of the world’s 15 largest, full-service law firms. Earlier on in his career he served as an associate at a leading IP law firm and as patent counsel at a prominent Fortune 500 diversified technology corporation. Mr. Shanks’ litigation experience includes exceptional skill at handling all the duties and responsibilities of lead trial counsel, and he has represented domestic and international clients in nearly every aspect of patent acquisition and enforcement before the U.S. Patent and Trademark Office (USPTO) and numerous U.S. courts.
Representative Matters:
- Defended a subsidiary of the world’s largest research-based pharmaceutical company regarding an alleged infringement of patents concerning Hepatitis C virus (HCV) technology, brought by a multinational biotechnology firm.
- Defended a multibillion dollar manufacturer in a patent infringement case involving marine stern drives.
- Represented an S&P 500 chemical company in a declaratory judgment action brought by an American aerospace manufacturing company relating to patents on polymeric compositions.
- Represented a French pharmaceutical company against numerous generic drug manufacturers in a Hatch-Waxman Act case involving anticholesterol therapeutics.
- Represented a small U.S. company in patent infringement litigation concerning tissue technology.
- Represented one of the world’s largest pharmaceutical companies in evaluating a potential multibillion dollar acquisition of a European biotechnology company.
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