Kelley Drye

Attorneys & Professionals 

Mark L. Austrian

Partner Email vCard
Washington, D.C.
Phone: (202) 342-8495
Fax: (202) 342-8451
Mark Austrian is a partner in the firm's Washington, D.C. office. He focuses his trial practice on litigation, mediation and arbitration proceedings, including matters in the intellectual property, toxic tort, products liability, customs, telecommunications, commercial and environmental law areas. He also specializes in issues relating to document retention in anticipation of litigation and eDiscovery.

Mr. Austrian served as a law clerk in the U.S. District Court for the Eastern District of New York from 1970-1971.

Representative Experience

Served as trial counsel in a three week patent case trial in the Federal Court in Connecticut representing a company alleged to infringe a mechanical patent.  In December, 2012 the Court issued a 74 page opinion finding that the patent was invalid and not-infringed.

Served as lead trial counsel representing a major pharmaceutical company in a series of six-week and nine-week jury trials involving claims that a pharmaceutical product, Bendectin, caused serious limb and heart defects. Cases were tried in the District of Columbia, Philadelphia and Baltimore, and affirmed on appeal.

Represented international foods company in arbitration and federal court proceedings involving contractual disputes.

Argued international trade case on behalf of a subsidiary of a diversified manufacturer of advanced industrial technology and obtained a significant victory.

Negotiated a $10 million settlement between world leading producers of specialty materials and a Japanese manufacturer in a patent infringement action.

Representing a subsidiary of a major industrial corporation in a patent infringement action pending in the District of Connecticut.

Defeated a retaliatory patent infringement action and motion for preliminary injunction on behalf of a subsidiary of a major industrial corporation.

Representing a global marketer of consumer and commercial products in an environmental dispute over financial responsibility for cleanup at various sites in New Jersey.

Represented a major producer of forest industry products in a bench trial concerning an environmental dispute over soil contamination responsibility at a lumber factory.

Represented manufacturers of ceramic tableware and small engines in Proposition 65 litigation brought in California.

Represented a worldwide leader in engine retarding and valve actuation technology in a franchise case and defeated a motion for a preliminary injunction following a two-week evidentiary hearing.

Represented an international communications company in a series of state administrative proceedings under the Telecommunications Act of 1996.

Representing a leading professional organization for journalists in a commercial dispute pending in the Superior Court in the District of Columbia.

Represented multiple equipment companies in product liability litigation.Handled a variety of matters before the U.S. Consumer Product Safety Commission.

Represented a global media company in a Securities Act case and argued the matter before the Third Circuit Court of Appeals.

Memberships & Associations
American Bar Association, Litigation Section
American Law Institute
Council for Court Excellence, Board of Directors
Georgetown Law School, E-Discovery Advisory Board
The William B. Bryant Inn of Court, Board of Directors
Professional Activities
American University, Washington College of Law, Adjunct Professor of Law teaching a course in trial advocacy in the high-tech courtroom and a course on e-discovery.

National Institute for Trial Advocacy, Faculty, Advanced Trial Program: NYC, Deposition Program: DC, 1985-present.

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June 22, 2012

Taxation of Costs and Offer of Judgment

For the Defense