text: Morrison & Foerster bolsters DC IP practice | ICLG
  ICLG.com > Commercial Dispute Resolution > Morrison & Foerster bolsters DC IP practice
  Published by: Andrew Mizner at 31/03/2016
  Intellectual property talent remains at a premium in the US and Morrison & Foerster has secured IP si...
  Morrison & Foerster has hired a Washington, DC-based intellectual property litigator from rival US firm Baker Botts.
  Mark Whitaker brings to the San Francisco-headquartered firm a practice that focuses on patent and trademark litigation and advice, as well as licensing issues and International Trade Commission (ITC) litigation. At Houston-headquartered Baker Botts, he was head of the ITC practice and litigated in district courts and the Patent Trial and Appeal Board.
  ITC EXPLAINED
  The ITC has broad investigative responsibilities over international trade, including the authority to prevent imports from entering the country if they infringe intellectual property rights of US companies and is an important factor for any general counsel devising a US-centred intellectual property strategy, delivering a fast turnaround of cases.
  Acting in a quasi-judicial role, the Washington-based body played a key part in the long-running smartphone wars between Apple and Samsung, with US president Barack Obama vetoing a ruling by the ITC blocking the importing of Apple products in 2013.
  Talking to CDR in November 2015, White & Case ITC partner Gregory Spak noted its use was "not reserved for high-tech and phone wars".
  "Those industries are certainly grabbing the headlines lately, but [such remedies are] something that companies in many industries are considering as part of their arsenal to combat unfair trade," he said.
  WHITAKER'S WAY
  Whitaker has represented clients including Acushnet, the US company which owns the Titleist golf brand, succeeding in a trial over four golf ball patents; Canadian smart phone company Research in Motion, now known as Blackberry, in a dispute with a non-practicing entity (commonly known as patent troll), NTP; and a US crane manufacturer, which he successfully represented at the ITC in 2015.
  Whitaker is an experienced IP litigator, currently president-elect of the American Intellectual Property Law Association, for whom he previously served a three-year term as general counsel. He has represented clients in medical devices, electronics, telecommunications, chemicals and software industries, among others.
  He joined Baker Botts in February 2011 from Howrey, part of an exodus of partners that preceded that Washington-headquartered firm's dissolution one month later, in March 2011. Prior to that, he spent five-and-a-half years as an associate with Shaw Pittman Potts & Trowbridge, a legacy firm of Pillsbury Winthrop Shaw Pittman.
  Whitaker previously served in the US Navy, beginning as a Surface Warfare Officer before transferring to the Judge Advocate General's Corps to launch his legal career, a posting which gave him extensive trial experience, defending over 30 cases.
  In a statement, Michael Jacobs, co-chair of Morrison & Foerster's IP litigation practice group, praised Whitaker as "a highly experienced litigator who has strong trial skills and established client relationships".
  He continued: "[Whitaker's] joining the firm expands our east coast IP litigation bench and further enhances our global reputation for the highest quality practice. Mark's federal court, ITC, and trial expertise, as well as his prior experience successfully trying cases as a member of the Navy's JAG Corps, will be a valuable asset for our clients."
  Rich Hung, co-chair of IP with Jacobs, added his satisfaction at the hire, citing Whitaker's "impressive list of accomplishments and a stellar reputation", and said: "Our clients will benefit from his wealth of trial experience – from the ITC to dozens of state and federal courtrooms throughout the country."
  Whitaker cited the reputation of the firm's IP litigation practice as "one of the most respected groups in the world" and its record of "winning scores of high-stakes cases", as factors in his decision to make the move.
  IP PROMOTIONS
  He joins a Morrison & Foerster IP partnership which has expanded in recent months, following a 2016 promotions round in which IP was a particular focus. Of a total of 12 promotions, five were in disputes, of which three were in IP, San Francisco-based Matthew Chivvis, who is also an ITC lawyer, Diana Kruze, and Silicon Valley-based Shannon Reaney.
  Whitaker's former firm Baker Botts also rewarded IP lawyers in its 2016 promotions. Of seven disputes partners promoted out of 12 total promotions in January, two have IP litigation practices, Ali Dhanani in Houston and Susan Cannon Kennedy in Dallas.
  Baker Botts has had recent hires of its own, recruiting former NASA engineer and assistant US attorney David Weaver as an IP partner in Austin, Texas, following three former Vinson & Elkins IP colleagues who joined the firm the previous month.
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