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  • vcard
D 312.873.3625
F 312.602.3936
  • Education
    • J.D., magna cum laude, with pro bono notation, University of Illinois, 2009, Dean's List; Lamet Scholar, Civil Litigation Clinic; Member & Administrative Editor, Journal of Law, Technology & Policy
    • B.S., University of Illinois, 2006
  • Bar Jurisdictions
    • Illinois, 2010
    • Admitted to practice before the United States Patent and Trademark Office, 2012
  • Court Admissions
    • U.S. District Court, Eastern District of Texas, 2011
    • U.S. District Court, Northern District of Illinois, 2012
    • U.S. Court of Appeals, Federal Circuit, 2013
    • U.S. Court of Appeals, Seventh Circuit, 2014
Mark Deming is an intellectual property attorney who regularly advises large and small companies throughout the country, particularly in the Northern District of Illinois, Eastern District of Texas, and District of Delaware. His practice includes patent, trademark, and trade dress law. Mark maintains a particular focus in Hatch-Waxman pharmaceutical patent litigation with experience representing both brand-side and generic-side companies, including in first-filer cases. These cases have involved several types of drug products, including ophthalmic, solid oral, controlled release, transdermal, and topical dosage forms. Mark leads all aspects of case development, from initial assessment through discovery, motions practice, claim construction, expert witnesses, trial, and appeal. Mark is also a registered patent attorney.

Prior to joining Polsinelli, Mark clerked for two years with District Judge Michael Schneider and Magistrate Judge John Love in the United States District Court for the Eastern District of Texas, one of the nation’s busiest patent dockets. As a clerk, he developed broad experience with patent litigation and assisted the court with conducting jury and bench trials, entering findings of fact and conclusions of law, holding Markman hearings, ruling on dispositive motions, evaluating the sufficiency of contention disclosures, resolving discovery disputes, and interpreting local rules.

Mark has a Bachelor of Science degree in Computer Engineering from the University of Illinois Department of Electrical and Computer Engineering.
  • Lead team member on Hatch-Waxman Act cases for major generic product developer, including both as ANDA-filer as well as patentee or NDA holder.
  • Obtained dismissal of first-of-its-kind patent infringement case, invalidating all asserted patents under Alice, despite the fact that some of the asserted patents had been examined and issued after the Patent Office's interim Alice guidance, and successfully defended the district court's determination on appeal.
  • Obtained stay of Eastern District of Texas patent litigation pending resolution of related IPRs.
  • Drafted multiple successful appellate briefs and second chair appellate arguments in the Federal Circuit and Seventh Circuit.
  • Drafted Markman briefs and argued Markman hearings that resulted in favorable claim construction decisions.
  • Drafted successful motion to transfer infringement action from a patent rocket docket to a more convenient venue.
  • Member of team who regularly defends clients accused of patent infringement by non-practicing entities and patent assertion entities.
  • Member of team who defended several defendants in multi-district patent litigation.