• 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. He practices in patent, trademark, and trade dress areas. 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. Since joining Polsinelli, Mark has continued to stay involved in the district, and regularly represents clients with cases pending in the Eastern District of Texas.

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.
text icon Publications & Presentations
September 30, 2019
text icon Publications & Presentations
September 25, 2019
eAlerts Updates
February 12, 2019
eAlerts Updates
May 2018
text icon Publications & Presentations
The Hatch-Waxman Act: Recent Amendments and Developments
The Knowledge Group
December 14, 2017
eAlerts Updates
September 2017
text icon Publications & Presentations
Featured in Law360
June 23, 2017
text icon Publications & Presentations
Obviousness Update for PIV Litigation: Latest Developments in the Federal Courts and PTAB
ACI 11th Annual Paragraph IV Disputes Conference
April 24, 2017
text icon Publications & Presentations
ANDAs and The Hatch-Waxman Act: Cases, Trends and Developments to Watch For in 2017
The Knowledge Group
April 4, 2017
text icon Publications & Presentations
Product-Hopping in the Pharmaceutical Industry: Antitrust Issues to Watch For in 2016
The Knowledge Group
July 26, 2016