Mark Liang Image

Mark Liang

Partner

O'Melveny & Myers LLP

Mark Liang is a partner with O’Melveny & Myers LLP. He focuses his legal practice on patent and technology-related litigation. He has experience in all stages of patent cases, including claim construction, fact and expert discovery, dispositive motions, trial, post-trial, and appeal. He represents clients in federal courts, the International Trade Commission, and United States Patent and Trademark Office, including reexaminations and inter partes review (IPR). He has litigated over seventy patent matters in district courts, five ITC investigations, and over forty IPRs. He has been on several successful trial teams, including in the Eastern District of Texas, Western District of Texas, District of Delaware, and the International Trade Commission, and has also served as lead counsel for clients in IPR proceedings. He has argued at dozens of hearings on claim construction and dispositive motions, and also taken/defended several dozen depositions, including of expert witnesses, inventors, and corporate fact witnesses. He has also briefed appeals at the Federal Circuit.

Recent Articles by Mark Liang

Navigating the Customer-Suit Exception in Texas Courts

Texas has long been home to the busiest patent courts in the country. In the Eastern District, Judges Rodney Gilstrap and Roy Payne have for the last decade-plus seen more patent cases than any other judges in the country. Since taking the bench in 2018, Judge Alan Albright in the Western District has had the most active patent docket, taking 18% of all patent cases in 2022, for example. Much has been written about the judges’ perceived unwillingness to grant transfer motions in patent cases (and resulting challenges to the Federal Circuit) and disfavor of staying cases pending inter partes review. These factors suggest that a defendant in these courts have few options to stay or transfer their case.