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

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...

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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...

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Publication

Is the Copyright Threat to Generative AI Overhyped? Implications of Kadrey v. Meta

In November 2023, Meta successfully had nearly all of the claims against it dismissed in the Kadrey v. Meta Platforms, Inc. suit, a victory with potential implications for other technology companies with generative AI tools...

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News

Farella Wins Complete Defense Ruling at Trial for Smart Meter Technology Company

Northern California legal powerhouse Farella Braun + Martel secured a complete defense victory for a smart meter technology company following a two-week bench trial in the U.S. Bankruptcy Court for the Southern District of California...

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Publication

AI and Trade Secrets: A Complicated Friendship

Excitement has been growing for decades around the development, training, and use of generative AI, but this past year the excitement escalated into a frenzy. Everyone is considering how AI impacts their business. This article...

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