Mark Edgarton

Mark Edgarton has represented some of the country’s leading technology companies in a wide-range of intellectual property and complex commercial matters in federal and state courts across the country and in international arbitration proceedings. He has extensive experience navigating and litigating disputes alleging misappropriation of trade secrets and violations of restrictive covenants by former employees and competitors, as well as claims of patent infringement, false advertising and other acts of unfair competition. Mr. Edgarton also represents public and private companies and private equity firms in disputes arising from mergers and acquisitions, financial restructurings and various other commercial transactions.  Mr. Edgarton has been named a Massachusetts Super Lawyers Rising Star from 2009-2016. Mr. Edgarton previously served as a Special Assistant District Attorney for Suffolk County. In that capacity, he first chaired numerous trials and evidentiary hearings.  

Practice Focus

Trade Secret Litigation: advise and represent plaintiffs across various industries seeking to protect proprietary information from competitors and former employees; represent defendants accused of trade secret misappropriation.

Complex Intellectual Property Disputes:  patent infringement and other intellectual property litigation on behalf of technology, internet and medical device companies.   

Complex Commercial Litigation:  business disputes involving technical and non-technical matters, including claims for breach of contract, tortious interference, misrepresentation, fraud, unfair and deceptive trade practices and other similar claims.

Representative Engagements

Trade Secrets 

  • Co-lead counsel for EMC in large litigation alleging that competitor engaged in a nationwide conspiracy with dozens of former employees to misappropriate proprietary information and solicit customers and employees in violation of restrictive covenants; defended against counterclaims alleging breach of license agreement and false advertising. EMC v. Pure Storage, D Mass
  • Lead counsel to specialized services business in litigation against competitor and several former employees for violation of the Defend Trade Secrets Act, breaching/interfering with confidentiality agreements, false advertising, disparagement and related claims.
  • Led internal investigation on behalf of one of nation’s largest financial services companies concerning allegations of trade secret misappropriation and breaches of employee confidentiality agreements.
  • Represented EMC in numerous actions in federal and state court involving misappropriation of trade secrets and violations of employment agreements by former employees and competitor in the enterprise security and eGRC market.
  • Defended group buying company in multiple cases involving claims for patent infringement and misappropriation of trade secrets.
  • Defended EMC and its subsidiary in action alleging misappropriation of trade secrets, trademark infringement and false advertising concerning document archival software. Mobius Management Systems, Inc v. Acartus, Inc and EMC Corporation, D Del

Patent Litigation

  • Represented Akamai in patent infringement action involving internet content delivery technology. After three week trial, jury returned favorable verdict of more than $45 million, which was listed among top 50 verdicts nationally in 2008 by National Law Journal. Akamai Technologies v. Limelight Networks, D Mass
  • Defended Insulet Corporation in patent infringement actions involving insulin delivery and blood glucose meter technology. Becton Dickinson and Company v. Insulet Corporation, D NJ Medtronic MiniMed v. Insulet Corporation, CD Cal
  • Represented LogMeIn in DJ action against NPE regarding patents related to web “click-to-chat” functionality. LogMeIn Inc. v. Pragmatus Telecom LLC, D Del
  • Counsel for Wyeth in patent infringement litigation involving industry leading genetically engineered porcine circovirus vaccines. Wyeth v. Intervet, Inc and Boehringer Ingelheim Vetmedica, Inc, D Del
  • Counsel to Momenta in patent infringement action relating to innovative methods of processing therapeutic polysaccharides. Momenta Pharmaceuticals, Inc and Sandoz, Inc v. Teva Pharmaceuticals, Ltd, et al, D Mass
  • Counsel for Wyeth in Hatch-Waxman patent action brought against Teva relating to prescription sleep aid marketed by King. King Pharmaceuticals and Wyeth v. Teva, D NJ

Commercial Litigation

  • Lead counsel for Hewlett-Packard Company in international arbitration in India involving numerous disputes related to outsourced software development center agreement.  
  • Counsel to hedge fund in numerous litigations in state and federal court and other disputes arising from asset purchase agreements, loan agreements and financial restructurings.
  • Lead counsel for Hewlett-Packard Company in action alleging unfair and deceptive trade practices and breaches of business development and computer consulting agreements in United States and Saudi Arabia. Advanced Technical Instructions v. Hewlett-Packard Company, D Mass
  • Defended EMC in breach of contract action seeking recovery of multi-million dollar damages.  EMC obtained favorable summary judgment ruling on all counts. Vision Systems v. EMC Corporation, Suffolk County, Mass.
  • Represented IBM in successful defense against breach of contract and tortious interference claims. IBM obtained favorable summary judgment ruling that was affirmed on appeal. Earley and Associates, Inc v. IBM, Middlesex County, Mass. 
  • Defended dental support organization against civil conspiracy and tortious interference claims alleging violation of dental practices statutes.
  • Represented Tillotson in multiple license enforcement cases, injunction hearings and mediations involving breaches of license agreements and violations of Uniform Fraudulent Transfer Act. Client obtained several favorable court rulings and recovered millions of dollars in license fees. Tillotson Corp. v. numerous entities, ND Ga, ND Ill

Professional and Community Involvement

Mr. Edgarton is a member of the Firm’s Alumni Committee. He is a member of the Boston Bar Association, the Massachusetts Bar Association, and the American Bar Association.

Education & Credentials

Suffolk University Law School
JD, 2003, summa cum laude
Middlebury College
BA, 1999



U.S. District Court, Massachusetts

U.S. Courts of Appeals, First and Federal Circuits