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Mark S. Ellinger, Ph.D.

Senior Principal

Minneapolis, MN
612-337-2504
ellinger@fr.com
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Background

Mark S. Ellinger is a Senior Principal in Fish & Richardson’s Twin Cities office. He was the Managing Principal of the Twin Cities office from 2002 to 2009. Dr. Ellinger’s practice emphasizes patent prosecution, opinions, due diligence investigations, licensing and counseling in the medical biotechnology, agricultural biotechnology, diagnostic, pharmaceutical, and medical science fields.

Dr. Ellinger’s projects have involved subject matter such as genomics, proteomics, gene therapy, xenotransplantation, transgenic animals, transgenic plants, metabolic engineering, immunoassays, nucleic acid-based assays, antisense technology, nucleic acid analogues, microarrays, vaccines, stem cells, medical devices, food science, and potential treatments for diseases such as cardiovascular disease, cancer, allergy, arthritis, diabetes, and Alzheimer’s Disease.

His litigation experience includes immunodiagnostics, cardiac assays, microsatellite DNA assays, plant genetics, and transgenic animals.

His licensing experience includes university/industry collaborations, patent outlicensing and inlicensing programs, and joint ventures.

Education

J.D., Harvard Law School 1989


Ph.D., University of Minnesota 1976
Developmental Biology


B.A., Augsburg College 1971
Biology
magna cum laude

Admissions

  • U.S. Patent and Trademark Office 1991
  • Minnesota 1989

Memberships & Affiliations

​Adjunct Associate Professor, University of Minnesota Law School (2011-present). Course: Biotechnology and Patent Law.
Assistant/Associate Professor (tenured), Southern Illinois University (1977-1986). Visiting Scientist, Virus and Cell Biology Research Department, Merck Sharp & Dohme Research Laboratories (1983-1984). 

Other Distinctions

Selected publications and presentations

Dr. Ellinger is the author of nineteen scientific publications. The following is a selection of his legal articles.

Co-author of treatise and lecturer for Patent Resources Group advanced course, "Pharma & Biotech Strategies for Patent Prosecution, Hatch-Waxman, Litigation and Licensing" (2000-present).

"U.S. Patent Law Changes Appear Imminent," Life Sciences Intellectual Property Review 2011: 46-47 (co-author with John B. Pegram).

"Patent Protection For Combination Products In The USA" MedTech Business Review, 2, 48-53 (2007).

"Patent Protection For Stem Cells In A Changing Scientific And Legal Environment" Burrill Stem Cell Report, 2, 121-124 (October 2007).

"Patents And Post-Embryonic Stem Cells: Is There Anything New Under The Sun?" The Journal Of Life Sciences (May 2007).

"Genome Projects And Gene Patents: What’s Left To Claim?" Technology Law Alert, 27, 1-4 (December 2000).

"DNA Diagnostic Technology: Probing the Problem of Causation in Toxic Torts," Harvard Journal of Law & Technology, 3, 31-73 (1990).

Awards

Listed in the 2017 edition of The Best Lawyers in America© in the practice area of Patent Law

Named the Best Lawyers’ 2013 Minneapolis Patent Law "Lawyer of the Year," Best Lawyers© 2013-2016

Named as one of the "Top 40 Intellectual Property Attorneys," Minnesota Law & Politics, June/July 2009

Named as a "Top Patent Prosecutor" by Patent Research Review/Patent Buddy in 2011

Listed in the 2007 and 2008 editions of The Best Lawyers in America©​ in Intellectual Property Law 

Recognized as a Top Rated – AV® Preeminent™ Lawyers in Intellectual Property Law since 2003

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