Mark Vincent

Principal
Spruson & Ferguson Lawyers: Litigation, Commercialisation
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Overview

Mark is a Principal with three decades of experience in technology and intellectual property law.

Mark is usually litigating technology and IP disputes but his commercial and strategic advice on IT contracting, data protection, intellectual property, licensing and commercialisation provides clients with clarity and direction, often in complex areas of both law and technology.

Litigation

Mark acts for local and multinational clients in patent, trade mark, copyright and trade secret litigation matters, often advising on cross-border strategic issues. Mark is currently representing a client in a long running, complex, multi-jurisdictional copyright and misuse of information dispute relating to communications technology: Motorola Solutions Inc. v Hytera Communications Corporation Ltd & Anor.

Mark has also represented clients in a number of the leading Australian Federal Court cases on the patentability of computer implemented inventions including: Encompass Corporation Pty Ltd and SAI v Infotrack Pty Ltd.

Mark advises clients on anti-counterfeiting programmes which are designed to resolve infringement issues efficiently and effectively. Enforcement of rights often draws on Mark’s experience in online enforcement, dealing with intermediaries, domain names, trade marks, copyright and misleading and deceptive conduct.

We were pleased to achieve a great result for a client in a recent patent litigation matter. The client feedback represents how we would like all of our clients to feel after a long running matter:

“Thank you for your professionalism, technical expertise, commercial pragmatism and your sharp client focus throughout this matter. Your clear advice, unwavering support and tactical approach undoubtedly played a large part in securing an excellent outcome for the company and its shareholders. It was truly a pleasure working with you and the broader legal team.”

Data Protection and IT law

Mark advises clients on strategies to manage, commercialise and protect data assets and confidential information. Mark and his team work with clients on IT procurement contracts with a particular depth of focus on models for commercialisation of data assets. Mark has a deep understanding of the best compliance models and the flow through effects on commercial agreements for the use and sharing of data assets.

Mark’s acknowledged expertise in the area of cloud computing and data protection is highly sought after by clients and has led to Mark being invited to speak at multiple industry events in Australia and across the Asia-Pacific. Mark was the only Australian representative on INTA’s inaugural Data Protection Committee. This is an international committee designed to steer brand owners through issues of data protection and to protect brand value and the value of data assets.

IP Commercialisation

Mark advises companies at all stages of growth on strategies to follow in registering, managing, licensing and enforcing IP rights. Mark has a particular focus on commercial work with clients on joint development of IP rights, research and development agreements, licence and assignment agreements and other models for exploitation of IP rights.


Mark Vincent's Insights
It is becoming clearer when computer-implemented methods are likely, or unlikely, to be deemed patentable subject matter in Australia – Encompass, Rokt and other recent decisions
During the past decade, the patent-eligibility of computer-implemented methods has been a particularly vexing focal point for Australian patent law and practice. With computer technologies now ubiquitous and relatively...
During the past decade, the patent-eligibility of computer-implemented methods has been a particularly vexing focal point for Australian patent...
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Pilkin v Sony Australia Limited
Mr Vitaly Pilkin appealed from a Federal Court decision summarily dismissing his patent infringement proceedings against Sony Australia and refusing leave to serve Sony entities out of jurisdiction in...
Mr Vitaly Pilkin appealed from a Federal Court decision summarily dismissing his patent infringement proceedings against Sony Australia and...
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Excesses of innovation patent damages pulled back
In a significant decision, the Full Federal Court has overturned an earlier single judge Federal Court decision regarding the date from which infringement of an innovation patent can occur....
In a significant decision, the Full Federal Court has overturned an earlier single judge Federal Court decision regarding the...
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