Image: Mark Smith

Mark Smith

Of Counsel, Litigation Department


Phone: 1(312) 499-6068
Fax: 1(312) 499-6168


Mark Thomas Smith is Of Counsel in the Litigation practice of Paul Hastings.

Mr. Smith is no ordinary litigator. With 15 years of experience, he has litigated everything from trade secret misappropriation to wrongful death. He is often entrusted to manage high-profile cases drawing significant media and Congressional scrutiny. But where Mr. Smith truly excels is in patent litigation, thanks to his technical skills as a registered patent agent and inventor of multiple patents. He has litigated patents in a wide range of technologies including nutraceuticals, diagnostics, and medical devices, as well as RFID, software, and optical devices. From presuit investigation to trial and appeal, Mr. Smith has a proven track record of efficiently handling all phases of litigation with skill, always with his client's goals in mind.

Mr. Smith served as law clerk for Judge Sara Darrow of the U.S. District Court for the Central District of Illinois.


  • Santa Clara University School of Law, J.D., 2008 (cum laude)
  • Rose-Hulman Institute of Technology, B.S. Optical Engineering, 2005


Patent Litigation

  • Solutex N.A. v. Designs for Health and KD Pharma Bexbach (U.S. District Court for the Middle District of Florida). Represented Solutex in a patent infringement action involving novel fish oil fractionates containing specialized pro-resolving mediators and their precursors.
  • Transocean Sedco Forex Ventures v. The Oilgear Company (U.S. District Court for the Southern District of Texas). Represented Oilgear in a patent infringement action involving accumulators in subsea systems.
  • Lone Star SCM v. Honeywell International, Inc. (U.S. District Court for the Western District of Texas). Represented Honeywell in a patent infringement action involving radio frequency identification ("RFID") technology.
  • Upaid Systems, Ltd. v. Card Concepts, Inc. (U.S. District Court for the Northern District of Illinois). Representing Card Concepts, Inc. in a patent infringement action involving enhanced communication platform and related communication method using the platform.

Intellectual Property Litigation

  • Burkhart Resources Ltd. v. Arthrex, Inc. (Florida Court of Appeals, Second District). Represented Arthrex, Inc., a medical device company, in a royalties dispute against Stephen S. Burkhart, M.D. and his entity, Burkhart Resource Limited Partnership.
  • Kraft Heinz Foods Company v. Golden State Foods (U.S. District Court for the District of Delaware). Representing Kraft Heinz in a trade secrets dispute against its competitor, Golden State.

Engagement & Publications

  • Strategy Game, Intellectual Property Magazine · Mar 1, 2021
  • Hot Topics in IP, Speaking Engagement, Northwestern Law School / Chicago, IL
  • Re-Designed: A New Approach to Intellectual Property for Start-Ups, Speaking Engagement, 1871 / Chicago, IL
  • From Managed to Managing: How to Seamlessly Transition from Junior to Senior, Speaking Engagement, Chicago, IL
  • IP Issues Affecting U.S. Corporations, Speaking Engagement, Chicago, IL

Practice Areas

Intellectual Property


Patent Litigation




Illinois Bar

California Bar


Santa Clara University, School of Law, J.D. 2008

Rose-Hulman Institute of Technology, B.S. 2005

Get In Touch With Us

Contact Us