Patent Litigation

From global megabrands to industry disruptors, pioneering companies all have one thing in common: big ideas that need protection. Fiercely protecting innovation is what we do.

As a patent litigation powerhouse, we represent clients in their highest-profile and most complex patent disputes in the tech, life sciences, and the consumer products industries. Although we are capable of resolving matters before trial, the prowess of our courtroom litigators is second to none. We stand out for our superb knowledge of patent law, experience with judges in high-volume patent venues, and facility with explaining cutting-edge technologies to juries.

Over the last five years alone, we have litigated more than 300 patent disputes in the most active district courts in the nation, including the Eastern and Western Districts of Texas, the District of Delaware, and the Northern and Central Districts of California. We regularly appear before agencies and tribunals such as the International Trade Commission (ITC) and the Patent Trial and Appeal Board (PTAB). And when IP cases make their way to the Federal Circuit or Supreme Court, our experienced bench of appellate lawyers can help clients successfully navigate the appellate process. We also have significant experience litigating in global forums, including in Japan and Germany.

Our full-service IP Litigation practice provides clients with unparalleled integrated experience, comprehensive insights, and battle-tested strategies.

  • Integrated Unparalleled Experience: Our litigators collaborate closely with our patent prosecutors, including over 100 lawyers, patent agents, and scientific analysts—dozens with PhDs, and many more with experience as scientists and engineers in technical professions. This allows us to provide sophisticated, accurate analyses and counseling on highly technical matters. We also draw upon the knowledge of our 80+ U.S. Patent and Trademark Office admitted lawyers and agents, including a former PTAB judge, to lead efficient and consistent parallel post-grant and inter partes review (IPR) proceedings.
  • Comprehensive Insights: Anticipating the possibility of appeal, our IP trial lawyers work closely with members of our Appellate + Supreme Court practice to frame our legal arguments in case dispositive motions, at trial, and after trial. When cases are appealed, these same appellate specialists lead and argue cases, handle writ petitions, and file amicus briefs.
  • Battle-Tested Strategies: From cross-border matters and multi-party disputes to global litigation management and non-practicing entity (NPE) litigation, we develop novel solutions to protect and enforce some of the most prized patents in the world. We have delivered billions of dollars in aggregate damages on behalf of patent owners and have defended nearly 1,000 patent cases on behalf of patent challengers.
Show More


Experience

  • (Northern District of California). Successfully defended Uber against far–reaching preliminary injunction motion. Obtained favorable settlement after four days of jury trial.

  • (Northern District of California). Secured summary judgment of non–infringement and attorneys' fees for Genentech in a patent suit over the mechanism of action of its breakthrough breast cancer drug Kadcyla.

  • (District of Delaware). Obtained a judgment of patent invalidity on behalf of Spotify involving a patent relating to a music organizer and entertainment center.

  • (District of Delaware). Delivered a multimillion dollar victory for WashU in a patent royalty dispute involving proper valuation of a co–owned patent covering a blockbuster Vitamin D kidney disease treatment.

  • (Northern District of California). Won a jury verdict in a five-day trial for the university over patent infringement and conversion of strawberry plants and IP from UC Davis’ decades-long strawberry breeding program.

  • (District of Delaware). Delivered a preliminary injunction win – rare in a patent case – for Nevro in its patent battle against competitor Stimwave involving high-frequency, paresthesia-free spinal cord stimulation technology.

  • Defending United Internet/1&1, Germany’s third largest provider of DSL services, against claims brought by Intellectual Ventures for alleged infringement of certain standard essential patents (SEPs). The disputes affect the entire industry in Germany and are shaping evolving case law in Germany on SEP enforcement and fair, reasonable, and non-discriminatory (FRAND) royalty determination in the wake of the landmark decision of the Court of Justice of the European Union (CJEU) in Huawei v ZTE.

Close
Feedback

Disclaimer

Unsolicited e-mails and information sent to Morrison & Foerster will not be considered confidential, may be disclosed to others pursuant to our Privacy Policy, may not receive a response, and do not create an attorney-client relationship with Morrison & Foerster. If you are not already a client of Morrison & Foerster, do not include any confidential information in this message. Also, please note that our attorneys do not seek to practice law in any jurisdiction in which they are not properly authorized to do so.