Mark A. Tidwell



Education and Clerkships

J.D., South Texas College of Law, 1993

B.S., Mechanical Engineering, Texas A&M University, 1989

Bar Admissions

Texas, 1993

Wisconsin, 1994

U.S. Patent and Trademark Office, 1993

Court Admissions

U.S. District Court for the Southern District of Texas


Mark A. Tidwell is a partner in the Intellectual Property Practice Group in the Houston office. He focuses his practice on prosecution, acquisition, licensing, divestiture and enforcement of patent rights, trademark rights, trade secrets and copyrights. Mark has filed and prosecuted hundreds of patent, trademark and copyright applications. He was honored in Intellectual Asset Magazine's Patent 1000: The World's Leading Patent Practitioners 2014.

Representative Experience

Technical Focus:

Mark has experience in medical and biomedical devices, nanotechnology, oil field exploration and production tools and equipment, data communications, power generation systems, heat transfer equipment, computer software and business methods, fuel cells and renewable energy systems, agricultural equipment, sports equipment, safety and security equipment, food preparation equipment, ultrasound equipment, seismic equipment, and ornamental designs, as well as other mechanical, electro-mechanical and chemical-mechanical devices.

Intellectual Property Litigation:

Mark's intellectual property litigation experience includes complex patent litigation involving patent infringement, patent invalidity, and technical aspects of patent prosecution procedures. He also handles trademark infringement, unfair competition, copyright infringement and breach of contract involving intellectual property. His technical background and experience in filing and prosecuting hundreds of patent, trademark and copyright applications provides his clients with a significant advantage in intellectual property litigation disputes.

Intellectual Property Transactions:

His intellectual property transactions experience includes technology development and distribution agreements, marketing agreements, software and hardware agreements, outsourcing agreements, IT services agreements, branding/private labeling agreements, IP license agreements, IP assignments and transfer agreements, Internet agreements (Access, Terms of Use, Privacy Policy, Linking Agreements, Hosting Agreements, E-commerce Agreements, Web Site Development), stadium naming rights agreements, sponsorship agreements, intellectual property and software escrow agreements, employee confidentiality and assignment agreements, and confidentiality agreements. Mark also handles intellectual property due diligence for mergers, acquisitions, technology transfers and other corporate transactions. He has expertise in U.S. Dept. of Energy Acquisition Regulations and Federal Acquisition Regulations.

Intellectual Property Prosecution/Protection:

Mark's intellectual property prosecution and protection experience includes the management of domestic and foreign patent and trademark portfolios based on a strategy for maximizing his clients' key intellectual property and technology assets.

  • Patents - Preparation and prosecution of domestic and foreign patent applications, reissue applications, infringement opinions, patentability opinions, clearance opinions, validity opinions, interferences, and appeals to the Board of Patent Appeals.
  • Trademarks - Trademark selection, development, licensing and protection, preparation of domestic and foreign trademark, service mark, trade dress and product configuration applications, trademark registration oppositions and cancellations, and trademark clearance opinions.
  • Copyrights, Trade Secrets and Internet - Intellectual property rights counseling and assessment of Internet web sites and businesses, including Digital Millennium Copyright Act compliance, copyright of web site materials, web site use of third party materials, web hosting, patenting Internet technology, software and methods/processes, issues relating to trademark infringement and dilution over the Internet as well as disparaging and knock-off sites, meta-tag and other index use issues, and linking issues.

Industry Experience:

Mark was formerly employed as a research and development engineer designing downhole oil field tools for Western Atlas International, Inc. in Houston, Texas. In addition to his law degree, Mark holds a B.S. in mechanical engineering.

Representative Matters

Professional and Community Activities

  • American Bar Association
  • Houston Bar Association
  • Houston Intellectual Property Law Association
  • American Intellectual Property Law Association
  • Texas A&M Center for New Ventures and Entrepreneurship: Advisory Council Member

Publications & Speaking Engagements

  • KSR v. Teleflex: Supreme Court Fine-Tunes the "Obviousness Standard" for Patentability and Invalidity 
  • Foreign Patent Protection 
  • Intellectual Property Law Overview 
  • U.S. Intellectual Property Overview for Foreign Companies 
  • Ins and Outs of Outsourcing 
  • Patents and the Registration Process 
  • Trademark/Patent Introduction 
  • Vehicles of IP Protection 
  • Leveraging Intellectual Property Law for Your Advertising Clients 
  • Supplemental Registration

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