Biography

Eugene Mar leads Farella’s Technology Industry Group. He specializes in representing technology companies in intellectual property litigation, advising emerging companies on strategies for building and diversifying their intellectual property portfolios, and counseling clients on IP licensing and best practices for trade secret protection.

As an IP litigator, Eugene has prevailed in trade secret, patent, trademark, and IP licensing litigations at every level, including multiple jury trials and appeals. His cases have involved an equally broad range of technologies including solid state disk controllers, QR codes, computer storage and networking products, web browser architecture, topological data analysis, mobile device operating systems, microprocessor architecture, drug-eluting stents, protein synthesis, capillary electrophoresis, data encryption and decryption, payment card security technology, and signal abstraction.

Clients value Eugene for his ability to align legal strategy with the client’s business interests and his strategic thinking in seeking the quickest path to an early adjudication on the merits of a case. If, however, a trial is inevitable, Eugene is an experienced, aggressive, and effective advocate, equally skilled at handling both day-to-day disputes, and major, bet-the-company cases.

Eugene also advises emerging and growth companies on cost-effective intellectual property protection strategies. He typically bases his strategy on an analysis of the location and impact of a client’s core technology in the marketplaces in which it competes, particularly relative to competitors. He also counsels early-stage clients in developing diversified intellectual property assets with the ultimate objective of building a strong, defensible portfolio. This work has included conducting due diligence for companies looking to build IP portfolios by acquiring patents.

Day-to-day, Eugene also assists emerging companies with drafting and negotiating a variety of IP-related agreements, including non-disclosure, assignment and license agreements as well as cloud-based software usage agreements and licenses.

Distinctions

  • Managing Intellectual Property’s IP Stars - Patent Litigation (2018-2023)
  • Euromoney Legal Media Group, Americas Rising Stars shortlist, Best in Patent (2019)
  • Benchmark Litigation "40 & Under Hotlist" (2017-2019)
  • The Recorder’s inaugural list of 50 "Fast Track" lawyers in California (2012)
  • Euromoney Legal Media Group to the shortlist of the inaugural Americas Rising Stars Awards in the “Best in Patent” category (2018)
  • Best Lawyers in America in Litigation - Patent Law (2023-2024)

Memberships and Affiliations

  • Past Chair, Intellectual Property Section, Bar Association of San Francisco
  • Co-chair, Intellectual Property Roundtable Committee, ABA Litigation Section

Firm Highlights

News

Farella Lawyers Recognized in The Best Lawyers in America® 2024 Edition

Read More
News

USAA Wins Patent Agreement With Discover, Vows To Keep Going After Banks

Eugene Mar spoke to American Banker for the article, "USAA Wins Patent Agreement With Discover, Vows To Keep Going After Banks." Link (subscription required): https://www.americanbanker.com/news/usaa-wins-patent-agreement-with-discover-vows-to-keep-going-after-banks Eugene said this becomes a business decision for a...

Read More
News

Farella Lawyers Recognized as 2023 IP STARS by Managing Intellectual Property

Farella Braun + Martel intellectual litigation partners Daniel Callaway , James Day , Jeffrey Fisher , Winston Liaw , and Eugene Mar were recognized by Managing Intellectual Property in the 2023 edition of IP...

Read More
Publication

Protecting “What Not to Do” as a Negative Trade Secret

“Negative trade secrets”—i.e., secret know-how about what does not work—are generally protectable in California, but in practice have proven challenging for courts and litigants to discern.  While a trade secret is a company’s intellectual...

Read More
Publication

How Companies Can Stop Trade Secret Disclosure in California

When an executive, founder, or employee with access to trade secrets or confidential information leaves a company to work elsewhere, employer trade secrets might be used by a competitor. Under two laws, California’s Uniform...

Read More
Publication

Failures Are Valuable IP: Protect Your Startup’s Negative Trade Secrets

Technology companies and start-ups are familiar with protecting inventions with patents, and protecting their secret formulas, source code, and algorithms as trade secrets. But tech companies may not be aware of another powerful form of...

Read More
Publication

Under FTC’s New Proposed Rule, Employers Will No Longer Be Able to Rely on Noncompete Agreements

The Federal Trade Commission (FTC) has proposed a rule that would prohibit the use of noncompete agreements in employment contracts. Noncompete agreements prevent employees and independent contractors from pursuing certain forms of employment &ndash...

Read More
Publication

How To Avoid Allegations of Trade Secret Misappropriation in California

When departing a company, an executive, founder, or employee with access to trade secrets or confidential information may face legal allegations around whether they will use or disclose their former employer’s trade secrets at...

Read More
Publication

Highlights from 2022 Unified Patents Corporate IP Strategy Conference

Recently, several Farella lawyers attended the 2022 Corporate IP Strategy Conference, co-hosted by the Santa Clara University High Tech Law Journal and Unified Patents. Eugene Mar, Erik Olson, Dan Callaway, and Tom Pardini enjoyed...

Read More