Photo of Mark A. Pacella


J.D., with highest honors, The George Washington University Law School; Order of the Coif

B.S., Rensselaer Polytechnic Institute

Law Journals

Member, The George Washington Law Review

Bar and Court Admissions

District of Columbia Bar

Massachusetts Bar

U.S. Court of Appeals for the Federal Circuit

U.S. District Courts for the District of Massachusetts and District of Columbia

U.S. Patent and Trademark Office

Mark has handled a broad range of intellectual property litigation, counseling, and licensing matters involving patent, trademark, trade dress, and copyright, as well as other commercial transactions and litigation matters. While his experience cuts across a wide variety of industries and technologies, he has particular experience litigating complex patent litigations in the pharmaceutical and biotechnology fields including pharmaceutical patent litigations brought under the Hatch-Waxman Act. Mark has taken a leading role in managing and litigating complex, high-stakes patent litigations resulting in favorable client outcomes at the pre-trial, trial, and appeal stages.     

Representative Experience

  • Represented clients in numerous venues around the country, including U.S. District Courts in Virginia, New York, Kentucky, California, Washington, Massachusetts, New Jersey, Delaware, and Pennsylvania.
  • Extensive patent litigation experience involving a wide variety of technologies including pharmaceutical, biotechnology, semiconductor, e-commerce, satellite, electro-mechanical, and design patents. Has particular experience in Hatch-Waxman Act patent litigation.  
  • Litigated numerous pharmaceutical patent cases, including cases involving cetuximab (Erbitux®), loratadine (Claritin®), omeprazole (Prilosec®), cyclobenzaprine HCl (Amrix®), erlotinib (Tarceva®), dutasteride (Avodart®), fenofibrate (Antara®), doxycycline hyclate (Doryx®), gabapentin (Gralise®), and dextromethorphan/quinidine (Nuedexta®).
  • Secured a significant victory for clients Mylan Inc. (formerly Mylan Laboratories Inc.), Mylan Pharmaceuticals Inc., Laboratorios Dr. Esteve, S.A., and Esteve Quimica, S.A. in their defense of a protracted patent infringement litigation brought by AstraZeneca; obtained trial judgment of non-infringement, affirmed on appeal.
  • Represented large biotechnology company in several high-stakes patent litigations in the Southern District of New York and the District of Massachusetts and on appeal to the Federal Circuit.
  • Significant experience providing clients patent infringement and validity opinions, counseling, due diligence, licensing, and other transactional advice with particular emphasis in the fields of pharmaceuticals, biotechnology, cosmetics, and medical devices.
  • Significant experience providing strategic counseling, reviewing and negotiating contracts, and handling matters involving contract disputes.

Professional Experience

  • Active Duty Officer, Judge Advocate General's Corps, U.S. Army (1995-2000), where his experience included more than three years of criminal litigation, prosecuting numerous jury and non-jury felony trials and advising senior Department of the Army officials on the laws and regulations governing ethical standards of conduct and conflicts of interest


  • American Bar Association (ABA)
    • Section of Litigation (2000-Present)
    • Co-Chair, Section of Litigation, Pretrial Practice and Discovery Committee, Recent Court Decisions Subcommittee (2008-2009)
    • Section of Intellectual Property Law (2000-Present)
  • American Intellectual Property Law Association (AIPLA) (2000-Present)