Mark Fleming

Mark C. Fleming is vice-chair of WilmerHale’s Appellate and Supreme Court Litigation Practice. Mr. Fleming has appeared in more than 150 appellate cases and personally presented oral argument in 36 of them, including five before the Supreme Court of the United States and 13 before the US Court of Appeals for the Federal Circuit.

He has also argued before the First, Third, Eighth, Ninth, Tenth and District of Columbia Circuits and the Massachusetts Supreme Judicial Court and Appeals Court.

Mr. Fleming’s prior experience includes clerkships with the Honorable David H. Souter of the Supreme Court of the United States, the Honorable Michael Boudin of the US Court of Appeals for the First Circuit, and the Honorable John C. Major of the Supreme Court of Canada. Mr. Fleming also served as an associate legal officer in the Appeals Chamber of the International Criminal Tribunal for the former Yugoslavia.

Professional Activities :

• Member, American Law Institute
• Chair, Boston Bar Association Council Nominating Committee (Member 2016)
• Member, Boston Bar Association Finance Committee (2015-present)
• Co-Chair, Boston Bar Association International Law Section (2007-2009)
• Co-Chair, Alternative Dispute Resolution Committee of the Boston Bar Association (2005-2007)

Experience :

• Mr. Fleming argued and won a significant victory for a Fortune 500 technology company at the Federal Circuit. The appeals court held that three patent claims that we had challenged in an IPR adverse to an acoustics company were unpatentable. The patents related to speaker designs that the acoustics company accused our client of infringing.
• Mathis v. United States: Mr. Fleming argued and won a major criminal sentencing case in the Supreme Court, which also has important consequences for immigration law. He had previously argued and won the same issue in the en banc Ninth Circuit (Almanza-Arenas v. Lynch).
• Reyes Mata v. Lynch: Mr. Fleming argued and won a significant Supreme Court immigration case that confirmed the right of noncitizens to seek equitable tolling of the time for moving to reopen a removal proceeding due to ineffective assistance of counsel.
• Lenox Maclaren Surgical v. Medtronic, Inc.: Mr. Fleming argued and won a Tenth Circuit appeal involving antitrust claims brought against Medtronic by a former supplier.
• 01 Communique Laboratory, Inc. v. LogMeIn, Inc.: Mr. Fleming argued and won affirmance of a jury verdict of noninfringement of patent claims directed to remote access technology. The Federal Circuit’s affirmance in favor of our client LogMeIn was issued six days after oral argument.
• In re Plassein International (3rd Circuit): Representing the former shareholders of an acquired company, Mr. Fleming argued and won affirmance of the dismissal of a bankruptcy trustee’s efforts to undo a leveraged buy-out.

EDUCATION :

• JD, Harvard Law School, 1997
• BA, English and German, University of King’s College, Dalhousie University, 1994

ADMISSIONS : Massachusetts, United States Supreme Court

CLERKSHIPS :

• The Hon. David H. Souter, US Supreme Court, 2002 – 2003
• The Hon. John C. Major, Supreme Court of Canada, 1999 – 2000
• The Hon. Michael Boudin, US Court of Appeals for the First Circuit, 1997 – 1998