J. Mark Smith

Special Counsel

J. Mark Smith

Special Counsel

Email: jms@bhgrlaw.com

Legal Assistant

Meribeth Wheatley



J.D., University of Michigan Law School, Ann Arbor, Michigan, 1972

B.S., Engineering Design and Economic Evaluation, University of Colorado, Boulder, Colorado, 1969


Colorado, 1972

U.S. District Court, District of Colorado, 1972

U.S. District Court, District of Columbia, 2007

10th Circuit Court of Appeals, 1972

Federal Circuit Court of Appeals, 1994

U.S. Patent and Trademark Office, 1994

Supreme Court of the United States, 1995

Admitted pro hac vice in Wyoming, California, Washington, Arizona and Texas.

J. Mark Smith has over 40 years of trial experience in the enforcement of intellectual property rights. He focuses his practice in the areas of patent, trademark, trade secrets and copyright law litigation. In Mark’s  transactional practice he advises clients in matters related to business and competitive conduct, rights clearance, non-infringement and right to use opinions, M&A due diligence, agreements for joint venture, licensing, employee and consultant rights, distribution relationships, internet and software transactions, data breach response and notification compliance,  registration of copyrights and trademark protection and registration.  He has the experience to help innovators, creative content providers (artists, composers, architects, authors, and photographers), problem solvers and businesses of every type preserve, protect and build their business their intellectual proprietary rights and protecting hard earned reputation and goodwill. Mark has authored and co-authored several publications in the field of copyright law, including the American Bar Association’s 2017 publication Copyright Litigation Strategies, a 780-page peer reviewed hardback resource in which Mark authored Chapter 5: “Preliminary and Injunctive Relief in Copyright Litigation.”

Outside of the office, Mark enjoys climbing, hiking, mountaineering, skiing, photography, and fly fishing. He is also active in competitive Tomiki Aikido and in 2018 obtained his second degree black belt.

Mark is peer rated AV® 5.0 Preeminent™ by Martindale-Hubbell in intellectual property.

He was named a 2015, 2016, 2017, 2018, and 2019 Colorado Super Lawyer in the field of Intellectual Property Litigation.

Professional Associations

American, Colorado, and Boulder County Bar Associations

American Association for Justice

Colorado Trial Lawyers

Honors & Awards

Super Lawyer in the area of Construction Litigation. Colorado Super Lawyers List in 2006, 2007, 2009-2017.