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About Mark Flagel
A successful attorney for nearly 30 years, Mark Flagel originally attended the University of California, Los Angeles, where he graduated magna cum laude with a Bachelor of Arts in Political Science. Shortly after finishing his undergraduate degree, Mark Flagel enrolled at the University of California, Berkeley (Boalt Hall School of Law), earning his Juris Doctor along with admittance into the Order of the Coif.
Today, Mr. Flagel serves the Los Angeles office of Latham & Watkins, LLP as a Partner specializing in litigation. At Latham & Watkins, LLP, Mark Flagel co-chairs the international law firm’s Information Technology: Hardware, Software & Services industry practice group, and he acts as the local Los Angeles office chair of the Litigation Department. Some of Mark Flagel’s most notable clients with Latham & Watkins, LLP include Symantec Corporation, Monolithic Power Systems, and Guthy-Renker, all of which he has represented in patent infringement cases.
Throughout his career, Mark Flagel has earned recognition as a top intellectual property attorney. Chambers USA, the Los Angeles Business Journal, and The Best Lawyers in America represent a few of the publications that have acknowledged Mr. Flagel’s expertise in intellectual property law. Recently, the Daily Journal named Mark Flagel as one of California’s 75 Leading Intellectual Property Litigators, and Southern California Super Lawyers has ranked Mr. Flagel as a Super Lawyer for 6 out of the past 7 years.
In addition to his work with Latham & Watkins, LLP, Mark Flagel has in years past provided Loyola Law School Los Angeles with his insights in intellectual property and technology law as an Adjunct Professor. In other activities outside of Latham & Watkins, LLP, Mr. Flagel serves as a member of the University of Southern California Intellectual Property Institute’s Executive and Planning Committees, and he is a member of the Board of Directors of the Exceptional Children’s Foundation, which serves at-risk children and adults throughout Southern California.
Mark Flagel's Schools
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Boalt Hall School of Law (University of California, Berkeley)
, Class of 1983
Berkeley Law offers a superb education in both established and emerging fields of law. Our intellectual property program was the first of its kind, and remains dominant more than a decade later. We were legal pioneers of the green movement, creating the nation’s first environmental law program. Our international law experts are tackling such urgent issues as climate change, deep-ocean drilling, and privacy in an age of high-tech surveillance. And our multifaceted social justice program is a magnet for socially minded faculty and students from across the country.
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university of california los angeles
, Class of 1980
The UCLA Political Science Department is among the best in the country. The most recent ranking by the highly respected National Research Council ranks us nationally in the top ten. Among the department’s many strengths, we have gained notable distinction in political economy, comparative politics including the politics of developing nations, and political theory.
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Mark Flagel's Companies
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Latham & Watkins LLP
1996
- Los Angeles CA
Partner
Mark Flagel serves as a litigation partner, the chair of the Los Angeles office Litigation Department and the Co-Chair of the Information Technology: Hardware, Software & Services Industry Group in the Los Angeles office of the international law firm of Latham & Watkins. Mark Flagel is the former Co-Chair of the firm's Intellectual Property Practice Group.
Mark Flagel handles complex patent infringement matters and litigation for specialized clients. He has been recognized for his invaluable service during multiple years as one of California's top Intellectual Property litigators. Mark Flagel has been spotlighted by numerous legal journals and industry news publications, including: The California Daily Journal; Super Lawyers; Chambers USA; and the LA Business Journal. Also, my defense verdict in a very visible patent infringement case in 2007 was voted one of the top 10 defense verdicts of 2007 by the Daily Journal. Mark Flagel is often asked to speak at various conferences on IP-related legal issues.
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Mark Flagel's Affiliations
Mark Flagel's Publications
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Mark Flagel on Superlawyers, Mark Flagel on Superlawyers
January, 2010
Super Lawyers magazine names attorneys in each state who received the highest point totals, as chosen by their peers and through the independent research. Rising Stars names the state’s top up-and-coming attorneys.
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Mark Flagel and Latham & Watkins on Whos Who Legal, Whos Who Legal
January, 2009
Latham & Watkins LLP has been named California law firm of the year in The International Who’s Who of Business Lawyers since the award’s inception in 2007, and in this edition the firm again emerges as the state leader with an impressive 38 inclusions.
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Exceptional Children’s Foundation, Mark Flagel
March, 2011
Los Angeles attorney Mark Flagel serves as a partner at the firm Latham & Watkins. Along with his career as a litigator, Mark Flagel gives back to his community by sitting as an active board member for the Exceptional Children’s Foundation, a non-profit organization dedicated to improving the lives of young people with special needs.
In 1946, a group of parents joined together in order to serve children with developmental disabilities better, beginning by creating a special daycare program. Over the years, the organization grew, from extending services for children to facilitating programs for individuals of all ages with disabilities. The present-day Exceptional Children’s Foundation’s stated mission is to help people with developmental, emotional, and learning disabilities reach their greatest potential.
To that end, the foundation hosts programs throughout Los Angeles County, including:
1. Kayne Eras Center: This multi-service center helps more than 550 people of all ages through individualized educational programs, including a kindergarten through 12th grade school, enrichment programs, and diagnostic services.
2. Early Start: This program offers “Mommy & Me” early childhood education classes that provide early education for pre-school children and their primary caregivers. The program also serves as a source of support for caregivers.
3. Adult Services: Helping adults with all types of disabilities, the Exceptional Children’s Foundation’s adult services provide supported employment, independent living skills, vocational training, and fine arts programs.
4. Art Centers: Adults from 18 to 65 participate in professional fine arts training in multiple media, such as water colors, ceramics, and photography.
To learn more, or to make a donation, visit www.ecf.net.
Exceptional Children’s Foundation – HISTORY from Exceptional Children's Foundatio on Vimeo.
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Frequently Asked Questions about Intellectual Property Law, Part 1, Mark Flagel
March, 2011
Intellectual property (IP) attorney Mark Flagel has won a number of distinctions for his contributions to the field and has been named one of the top IP lawyers in the country. He serves as a Partner at Latham & Watkins LLP in Los Angeles, and below he answers some common questions about IP law.
What are the requirements for securing a patent?
All patent applications must fulfill several key requirements. Among these, the patent must describe a useful, new, and non-obvious invention, and must do so in a way that would enable a person of ordinary skill in the applicable art to make and use the claimed invention. In the United States, the patent application must be filed within one year of the invention being sold or publicly used in the United States, or within one year of the invention being described in a printed publication anywhere in the world. However, filers also seeking to protect their interests through counterpart patents in foreign countries should submit their patent application prior to any sales or disclosure of the invention to the public in any form, because foreign patents may not be subject to the same one-year grace period applicable to U.S. patents.
If an employee creates an invention, who owns the patent?
Many states have statutes specifically dealing with ownership of employee inventions. Typically, if the invention was created within the course and scope of the employee’s job responsibilities, the employer will own any resulting patents. However, if the employee created the invention entirely on his/her time using his/her facilities and the invention does not relate to his/her job responsibilities, then the employee may own any patents relating to the invention. Often a company will require new employees to sign a contract governing ownership of patent rights, and the terms of such contracts may well control. However, some state statutes actually preclude employers from requiring employees to contract away rights to inventions created by an employee on his/her own time that are unrelated to the employee’s job responsibilities.
What is, and why bother registering, a trademark?
A trademark can be a word or symbol—and sometimes even a sound or color or shape—that associates a product or service with a specific source. Registration of a trademark can provide the trademark owner with certain advantages. Because “first use” of a trademark is essential under US law, registration can serve to provide evidence of early use of a trademark. In addition, federal registration will allow the registrant to extend its priority claim throughout the entire country. Registration also provides certain statutory advantages and benefits in the event that a lawsuit must be filed for trademark infringement.
Frequently Asked Questions about Intellectual Property Law, Part 2 here
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