Patent Litigation

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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.

Good Technology Corp. v. AirWatch LLC
(Northern District of California). Represented AirWatch in a multi-patent infringement suit brought by a competitor alleging infringement by AirWatch’s mobile device management software, achieving a favorable settlement for AirWatch.

IP Practice Group of the Year in 2013, 2015 and 2016

Chambers Global 2018
Global: Intellectual Property
Asia-Pacific Region: Intellectual Property
China: Intellectual Property: International Firms
Japan: Intellectual Property: International Firms
United States: Intellectual Property (Patent)
United States: Intellectual Property (Section 337)

Chambers USA 2017
National: Intellectual Property
National: International Trade: Intellectual Property (Section 337)
California: Intellectual Property
California: Intellectual Property (Patent Prosecution)
New York: Technology & Outsourcing
Washington D.C.: Intellectual Property (Litigation)
Washington D.C.: Technology & Outsourcing

Chambers Asia-Pacific 2018
Japan: Intellectual Property: International Firms
Asia-Pacific Region: Intellectual Property

U.S. News – Best Lawyers® Best Law Firms 2018
National: IP Litigation (Tier 1)
National: Patent Litigation (Tier 1)
National: Patent Law (Tier 1)
Los Angeles: IP Litigation (Tier 1)
Los Angeles: Patent Litigation (Tier 1)
San Diego: IP Litigation (Tier 1)
San Diego: Patent Litigation (Tier 1)
San Diego: Patent Law (Tier 1)
San Francisco: IP Litigation (Tier 1)
San Francisco: Patent Litigation (Tier 1)
San Francisco: Patent Law (Tier 1)
Washington D.C.: IP Litigation (Tier 1)
Washington D.C.: Patent Litigation (Tier 1)

The National Law Journal 2016
IP Hot List

Legal 500 US 2018
Patent Litigation: ITC
Patent Litigation: Full Coverage
Patents: Portfolio Management and Licensing
Patent: Prosecution (Including re-examination and post-grant proceedings)
Trade Secrets
Trademarks: Litigation

Legal 500 Asia-Pacific 2018
China: Intellectual Property: Foreign Firms
Hong Kong: Intellectual Property
Japan: Intellectual Property: International Firms and Joint Ventures

Managing IP: American Awards Shortlist 2018
United States: Appellate
United States: Life Sciences IP Litigation
United States: ITC
Japan: Patent – Foreign Firms

IAM Patent 1000 2017
California: Litigation (Gold)
California: Transactions (Highly Recommended)
California: Prosecution
Hong Kong: Litigation & Transactions
Japan: Litigation and Licensing (Highly Recommended)
National: Transactions
National: Litigation
Washington D.C.: Litigation

LMG Life Sciences 2017
Hatch-Waxman Patent Litigation
Patent Prosecution (Highly Recommended)
Patent Strategy and Management (Highly Recommended)

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MoFo Diversity: Trial Lawyers
MoFo Diversity:
Trial Lawyers

National Law Journal - 2016 IP Hot List

Chambers USA Winner 2013 - IP Firm of the Year
IP Firm of the Year

BTI Litigation Outlook
BTI Litigation Outlook
“IP VIP” (2015)
“IP Litigation Powerhouse” (2014)

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