Patent Litigation

[O]ne of the largest and highest-rated intellectual property practices in the world. The firm’s litigators are renowned for their success in high-stakes, complex cases worldwide.
U.S. News – Best Lawyers 2019

From global megabrands to back-of-the-envelope entrepreneurs, pioneering companies all have one thing in common: big ideas that need protection. Fiercely protecting innovation is what we do.

We are a global IP litigation powerhouse, representing clients in high-stakes and complex patent litigation matters. While we are skilled at resolving disputes short of trial, some cases do see the inside of a courtroom. When they do, our trial and appellate lawyers stand out for their superb knowledge of patent law, experience with judges in high-volume patent venues, facility with explaining cutting-edge technologies to juries, and history defending against patent assertion entities and other habitual plaintiffs. From cross-border matters and multiparty disputes to global litigation management and NPE litigations, we develop novel solutions to protecting and enforcing some of the most prized patents in the world.

We represent clients around the world where patents are asserted:

  • U.S. district court litigation, where we particularly shine in the most active venues for patent litigation, such as the Northern District of California, Eastern District of Texas, and District of Delaware, among others;
  • Appeals before the Federal Circuit and U.S. Supreme Court;
  • International Trade Commission/Section 337 actions;
  • U.S. patent office proceedings; and
  • Global patent litigation, including Tokyo District Court litigation and representation before German courts

Clients come to us for our ability to combine our legendary trial capabilities with the talents of more than 60 lawyers and patent agents in the United States, Asia, and Europe with scientific and technical PhDs, and many more with experience as practicing scientists and engineers in technical professions. This combination means three things for clients:

  1. We understand the internal challenges and processes of our clients’ businesses;
  2. We bring increased efficiencies to clients who don’t want to invest in training outside counsel on their sophisticated technologies; and
  3. We have a particular aptitude for explaining those technologies in adversarial contexts to judges and juries who often do not have technical backgrounds, resulting in winning outcomes for our clients.

Our team has handled many of the seminal IP cases of our time—cases that have shaped the high-tech, life sciences, and consumer products industries. Our track record in leading clients to victory in bet-the-company, high-stakes, and complex patent litigation speaks for itself:

  • We have delivered nearly $5 billion in aggregate damages on behalf of patent owners and have defended nearly 1,000 patent cases on behalf of patent challengers.
  • Many of our cases have been fought in the most active venues for patent litigation, such as the Northern District of California, Eastern District of Texas, and District of Delaware—where we have collectively handled nearly 150 cases in the past five years.
  • Clients praise our team for our excellent courtroom skills, ability to analyze key issues in a case and develop solutions, and depth of experience across industries.
  • We have represented clients in more than 200 inter partes review (IPR) and other post-grant actions before the Patent Trial and Appeal Board. We have more than 80 PTO-admitted lawyers and agents who help clients navigate the intricacies of PTO procedures and who vigorously represent clients all the way through trial and final written decision.

Many IP cases eventually make their way to the Federal Circuit and, in some cases, to the Supreme Court. In anticipation of the possibility of appeal, our IP trial lawyers team closely with our Appellate + Supreme Court Practice lawyers to frame legal arguments at trial, particularly on case-dispositive and post-judgment motions. When a case does go on appeal, our appellate specialists lead and argue cases, handle extraordinary writ petitions, and file amicus briefs, working closely with the trial team to present the best possible case to the Federal Circuit and, when necessary, the Supreme Court.

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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 Stimware 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.

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