Mark W. Hetzler
“My goal is to become a trusted partner in each client relationship. Earning trust is essential to my ability to most effectively develop strategy and deliver results tailored to each client’s specific needs.”

Mark W. HetzlerPartner

Chicago
120 South LaSalle Street
Suite 1600
Chicago, IL 60603VCard
312.577.7000 
312.577.7007 fax
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Education

J.D., Loyola University of Chicago School of Law, 1993
B.S., Mechanical Engineering, Northwestern University, 1989, with distinction

Services

Technical Areas

Bar & Court Admissions

IllinoisNorthern District of IllinoisU.S. Patent and Trademark OfficeIllinois Supreme CourtU.S. Supreme CourtU.S. Court of Appeals for the Federal CircuitU.S. Court of Appeals for the Seventh CircuitNumerous U.S. District Courts

Recognition

AV Preeminent® Peer Review Rating, Martindale Hubbell
Named to the Illinois Super Lawyers list for Intellectual Property Law (2004–10; 2014–17)
Leading Lawyers Network Member in Intellectual Property Law, Copyright & Trademark Law, and Trade Secrets/Unfair Competition Law (2014–17)

Mark W. Hetzler is the Managing Partner at Fitch, Even, Tabin & Flannery.

Over the past 20+ years, Mark has earned a reputation for handling difficult and sophisticated intellectual property matters. Clients seek Mark’s counsel on a wide range of IP matters, including

  • Complex litigation
  • IP portfolio development and management
  • Complex post-grant proceedings at the U.S. Patent and Trademark Office
  • Corporate IP and product development and clearance policies and programs
  • Licensing programs
  • Due diligence investigations
  • Acquisition of start-ups by major enterprises
  • IP acquisition and sales
  • Government and technology transfer contracting
  • “Buy American” requirements for government use or publicly funded projects


Mark’s clients are diverse. They are comprised of individuals—including renowned scientists—as well as investors, start-ups, market and industry leaders, and many businesses with household names. Mark not only works with many in-house counsel, but often acts as general counsel for a number of clients. 

Clients seek Mark’s proven experience in building value in their intellectual property and protecting their IP portfolios. Over the years, for example, he has worked with clients at key, strategic stage gates, spotting high-stakes opportunities and potential problems and offering budget-minded recommendations and solutions. These individual, institutional, and corporate clients often rely on Mark’s extensive understanding of government regulations.

A registered patent attorney, Mark's technical background is in the mechanical, electro-mechanical, hydro-mechanical, controls technology, and manufacturing arts. His representative areas of work include advanced equipment monitoring systems, air handling systems, appliances, biomedical products and techniques, building materials, control systems, and electrostatic discharge systems. In addition, he has helped clients working with furniture and home furnishings, irrigation and water conservation systems, large-scale industrial mixing systems, cutting tools, material processing and handling equipment, road-building equipment, paper converting (forms, printing, and packaging technology), recreational products, security devices, textiles, vehicle systems and components, and wastewater treatment.

Clients frequently turn to Mark to develop corporate IP policies and strategies. They recognize the time and dollar benefits of white-boarding with Mark’s involvement, offering counsel for product development and clearance, management, strategies, and related training. 

Mark’s transactional clients benefit as a result of his experience with litigation and dispute resolution. He has represented clients in various patent, copyright, trademark, unfair competition, trade dress, contract, and licensing disputes. He has successfully litigated cases before district courts throughout the country, as well as before the U.S. Court of Appeals for the Federal Circuit and for the Seventh Circuit. Mark's dispute resolution efforts have resulted in numerous favorable results, including settlements, as well as successful trial results. He also has experience with complex post-grant proceedings at the U.S. Patent and Trademark Office involving core patents for his clients.

 



Appeals Court


Outside the Box v. Travel Caddy (Fed. Cir. 2009). Member of appellate team representing patent owner in appeal from district court judgment of partial infringement, invalidity, and unenforceability of patents directed to tool-carrying bags. After assuming representation from another firm, we obtained reversal of both grounds of inequitable conduct, vacator of invalidity ruling, and affirmance of infringement ruling as to one product.

Liquid Dynamics Corporation v. Vaughan Company, Inc. (Fed. Cir. 2003). Lead counsel on appeal successfully reversing summary judgment against our client.

Chemetall GmbH v. ZR Energy, Inc. et al. (7th Cir. 2001) Member of appellate team representing plaintiff in appeal from successful trial jury verdict in favor of plaintiff in trade secret misappropriation case regarding zirconium metal powder manufacturing. We obtained an affirmance of the jury verdict and judgment.

Surgical Acuity, Inc. v. General Scientific Corporation (Fed. Cir., 1999). Lead counsel representing patent owner in appeal from successful trial jury verdict in favor of patent owner for willful patent infringement and judgment of attorney fees. We obtained an affirmance of the jury verdict and judgment.

District Court


Botron Company, Inc. v. Desco Company, Inc. (D. Ariz. 2012). Lead counsel representing patent owner in assertion of its patent against defendant. Case resulted in early settlement for client.

Shoulder Innovations, LLC v. Ascension Orthopedics, Inc. (D. Del. 2011). Lead counsel in representing defendant in patent infringement action. Case resulted in early settlement for client.

WMH Tool Group, Inc. v. Woodstock International, Inc. et al. (N.D. Ill. 2007). Member of trial team that represented trademark owner in assertion of its color trademark against defendants. Case resolved just before trial.

SmartSignal Corporation v. Expert Microsystems, Inc. (N.D. Ill. 2002). Lead counsel representing patent owner in assertion of its patent against defendant. Case resolved before trial.

Liquid Dynamics Corporation v. Vaughan Company, Inc. (N.D. Ill. 2001). Member of trial team representing plaintiff in asserting its patent for mixing technology against defendant. Obtained jury verdict of willful infringement against defendant.

Berman Industries, Inc. v. Vintage Verandah, Inc. (N.D. Ill. 2000). Lead counsel representing plaintiff in asserting its copyrights relating to sculptures against defendant. Case settled in favor of client.

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Other Representative Cases

Allied Bolt, Inc. v. Senior Industries, Inc. (E.D.N.Y. 2002). Lead counsel representing defendant against claims of patent infringement involving grounding technology. Case resolved before trial.

Charles Hoberman v. Desplenter Novelty Concessions (N.D. Ill. 2001). Lead counsel representing the patent owner in asserting a claim of patent infringement regarding a sphere structure. Case settled in favor of client.

Berman Industries, Inc. v. The Bombay Co. (N.D. Ill. 2000). Lead counsel representing plaintiff in asserting its copyrights relating to sculptures against defendant. Case settled in favor of client.

James H. White v. Berman Industries, Inc. et al. (D.S.C. 2000). Lead counsel representing defendant in copyright infringement claim involving sculptures. Case settled favorably for client.

Big Sky Carvers, Inc. v. Illumination Station, Inc. (W.D. Ark. 2000). Lead counsel representing defendant in copyright infringement claim involving sculptures. Case settled favorably for client.

Medical Specialties, Inc. v. McDavid Knee-Guard, Inc. (W.D.N.C. 2000). Member of trial team representing defendant against claims of patent infringement regarding orthopedic braces. Case resolved after significant discovery.

Arachnid Inc. v. Merit Industries, Inc. (N.D. Ill. 1999). Member of trial team representing defendant against claims of patent infringement relating to dart game systems. Case resolved after significant discovery.

Atlas Electric Devices Co. v. Q-Panel Corporation (N.D. Ill. 1999). Represented the defendant against plaintiff’s claims of trademark infringement. Case settled during discovery.

Chemetall GmbH v. ZR Energy, Inc. et al. (N.D. Ill. 1999). Member of trial team representing plaintiff and obtaining jury verdict of trade secret misappropriation against defendant relating to zirconium metal powder manufacturing.

PMG, Inc. v. Stinger Spike Systems, Inc. et al. (D. W.Va. 1998). Member of trial team representing patent owner in asserting its patent relating to law enforcement tire deflator technology. Case resolved after significant discovery.

Surgical Acuity, Inc. v. General Scientific Corporation (W.D. Wis. 1998). Member of trial team representing the patent owner in asserting its patent related to surgical lighting against defendant. Trial resulted in willful infringement against defendant.

Wiseman-Hughes, Inc. v. Springfield Homes et al. (N.D. Ill. 1997). Member of trial team representing defendants against claims of copyright infringement relating to architectural plans. Case resolved before trial.

Color Communications, Inc. v. Kevin P. Brown et al. (W.D.N.Y. 1996). Member of trial team representing the plaintiff asserting claims of trade secret misappropriation relating to color chip technology against the defendants. Case resolved before trial.

Fluid Management Limited Partnership v. Michael A. Blow et al. (N.D. Ill. 1995). Counsel representing plaintiff in breach of employment contract and asserting its trademarks relating to paint color-mixing technology against defendant. Case resolved before trial.

Fluid Management Limited Partnership v. HERO Industries et al. (N.D. Ill. 1995). Counsel representing plaintiff in asserting its patent for paint color-mixing technology against defendant. Case resolved before trial.

Fluid Management Limited Partnership v. Fast America et al. (N.D. Ill. 1995). Counsel representing plaintiff in asserting its patent for paint color-mixing technology against defendant. Case resolved before trial.

Hegenscheidt Corporation v. Ingersoll CM Systems, Inc. (E.D. Mich. 1995). Member of trial team representing the defendant against claims of patent infringement relating to machine tool controls. Case resolved before trial.

BYOP, Inc. et al. v. Hardware Wholesalers, Inc. (N.D. Ill. 1994). Member of trial team representing the plaintiff in a breach of contract case involving advertising circulars. Case resolved prior to trial.

Elkay Mfg. Co. v. EBCO Mfg. Co. (N.D. Ill. 1993). Member of trial team representing defendant against claims of patent infringement relating to water dispensing technology at bench trial. Non-infringement was found on appeal at the Federal Circuit.

James River Corporation of Virginia v. Hallmark Cards, Inc. (E.D. Wis. 1993). Member of trial team representing the defendant against claims of patent infringement in the area of paper converting. Case resolved just before trial.

Machinery Components, Inc. v. John Bradley Products, Inc. (Circuit Court of Cook County, Ill. 1996). Lead counsel representing defendant against claims of trade secret misappropriation. Case settled favorably for client after significant discovery.

Badger Air-Brush Co. v. The Lydia Corporation (Circuit Court of Cook County, Ill. 1994). Lead counsel representing defendant against claims of trade secret misappropriation. Case settled favorably for client after significant discovery.

  • American Bar Association
  • American Intellectual Property Law Association
  • Intellectual Property Law Association of Chicago
  • Illinois State Bar Association
  • Illinois Technology Association
  • National Bar Association

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