Mark Davies

Mark Davies' practice focuses on appellate litigation for technology companies, particularly leading companies in hardware and software innovation. A highly successful appellate lawyer who has argued and briefed many cases both in private practice and in government, he is experienced in the Federal Circuit, the D.C. Circuit, other federal and state appellate courts, and the U.S. Supreme Court. He also develops trial court legal strategy, presents policy arguments to regulatory agencies, and advises on complex global disputes.

Legal 500 reports, "prominent in the high-tech field, Mark Davies...is praised for his 'unparalleled Federal Circuit experience.'" An interviewee noted that he "'is an outstanding leader of their appellate teams, as well as a skilled and subtle advocate. He really knows the Federal Circuit. Mark also has the crucial ability to see both the big-picture forest and the technically-detailed trees at the same time, and to weave them all together into a compelling story on appeal.'"

Mark is ranked in Chambers USA for Nationwide Intellectual Property: Appellate and Nationwide Appellate Law. Chambers USA 2023 quotes: "He knows the Court's history, what the best arguments would be, how to present them and how to frame the issues to maximize the chances of the Supreme Court accepting cert." "He is very responsive and thoughtful. He has a great presence, a strong command of the cases he's arguing and good rapport with judges."

In his work, Mark is forward looking; he recognized early the need for specialized representation in patent appeals. He is the author of the "user manual" for Federal Circuit appeals, Patent Appeals: The Elements of Effective Advocacy in the Federal Circuit, now in its second edition.  He regularly helps defeat non-practicing entities such as Intellectual Ventures, IP Bridge, and Uniloc Corporation.

Additionally, Mark was one of the first attorneys to focus on AI litigation.  Mark represented the owner of the AI system in the leading case of Thaler v. Vidal; argued a high-profile appeal for a leading global company concerning patents on machine learning; and is currently engaged in several matters involving AI products.

He is the author of the treatise Artificial Intelligence: Law & Litigation, now in its third edition.  He also writes and speaks frequently on the topic.  Mark was listed in Lawdragon 100 Leading AI & Legal Tech Advisors, 2024.  He is also an active speaker on AI to the judiciary.  He is on the Faculty at the National Judicial College.

Mark has argued 50 appellate cases, including multiple arguments for one of the world's leading high-technology companies and has represented, often repeatedly, clients such as Cisco, Intel, Nvidia, Oracle, and Vizio.  He also has handled many appeals for Asian and European companies in U.S. courts, including challenges to International Trade Commission actions.  His clients have included Nintendo, TikTok, TSMC, and Temu among other global technology companies.

Mark has led teams to wins in five Federal Circuit appeals from section 337 decisions of the International Trade Commission.  See Motorola Mobility v. ITC (representing Apple), Motiva v. ITC (representing Nintendo), App v. ITC (representing Apple), JST v. ITC (representing Bosch), and Amarin Pharma v. ITC (representing Royal DSM). He prevailed in a Federal Circuit appeal involving IPRs obtained by Ericsson (Fed Cir. No. 2018-1560). His appeals involving Life Sciences include Bayer v. Dow Agroscience, No. 2013-1002 (genetically modified plants to confer herbicide resistance), and Amarin (prescription drug containing omega-3 acid).

Mark has appeared frequently in federal district courts, serving as legal strategist in complex intellectual property cases. In high-stakes trials, he often leads 'appellate eyes' teams to set the stage for the inevitable appellate proceedings.

Consistent with his focus on leading issues of important to tech. companies, Mark has an active amicus curiae practice.  His amicus briefs on behalf of various technology clients are often cited in judicial opinions.

Mark also has a strong pro bono appellate practice, representing clients in the D.C. Court of Appeals, as well as the U.S. immigration and criminal systems. He is a member of the District of Columbia Court of Appeals Criminal Justice Act Panel.

Before joining White & Case, Mark co-founded a leading appellate practice, and also served as a member of the Appellate Staff of the Civil Division at the U.S. Department of Justice (1999¬2006), where he represented the U.S. Patent and Trademark Office, the Copyright Office, the International Trade Commission and other federal agencies before the Federal Circuit, other U.S. Courts of Appeals, and the U.S. Supreme Court. Mark also practiced with another major law firm appellate practice in Washington D.C.