Intellectual Property Litigation LITIGATION/CONTROVERSY

WilmerHale's IP Litigation Practice features a premier litigation team backed by the academic and industry experience of more than 120 lawyers and technology specialists with scientific or technical degrees.

Named IP Litigation Department of the Year by The American Lawyer in 2014, our lawyers have tried major cases in federal district courts throughout the United States, the US International Trade Commission, and in Germany and the UK. We also regularly represent clients in patent appeals before the United States Supreme Court and the Federal Circuit.

Contacts

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Pirozzolo, Lisa J.

Lisa J. Pirozzolo

Co-Chair, Intellectual Property Litigation Practice Group

+1 617 526 6388 (t)

lisa.pirozzolo@wilmerhale.com

Selwyn, Mark D.

Mark D. Selwyn

Partner-in-Charge, Palo Alto Office

Co-Chair, Intellectual Property Litigation Practice Group

+1 650 858 6031 (t)

mark.selwyn@wilmerhale.com

Experience

Recent achievements include:

CEPHALON, INC. V. WATSON PHARM., INC.
In February 2013, the Federal Circuit issued a favorable decision on behalf of our client Cephalon, reversing a district court decision invalidating two patents covering the company's cancer pain medication Fentora. In particular, the Federal Circuit found that the defendant, generic drug manufacturer Watson Pharmaceuticals (now Actavis), "failed as a matter of law to show with clear and convincing evidence that... Read More

VAILLANCOURT V. BECTON DICKINSON & CO.
In February 2013, WilmerHale obtained a significant victory for Becton, Dickinson and Company (BD) in a patent reexamination when the US Patent and Trademark Office (PTO) denied a request for rehearing of an appeal decision in an inter partes reexamination, which had been decided in a manner favorable to BD. This case is the first time BD had used inter partes reexamination as a strategic IP procedure to assure freedom to operate in their desired syringe market.... Read More

CLASSEN IMMUNOTHERAPIES, INC. V. SOMAXON PHARMACEUTICALS
2:12-cv-06643-GAF-PLA, US District Court, Central District of California
In April 2013, the firm achieved victory when Judge Gary Allen Feess of the Central District of California dismissed Classen Immunotherapies, Inc.'s ("Classen") patent infringement claims against our client Somaxon Pharmaceuticals with prejudice. The two asserted Classen patents purport to claim methods of gathering, analyzing, and commercializing adverse event data.... Read More

CELLECTIS SA V. PRECISION BIOSCIENCES
In May 2013, WilmerHale secured a victory for client Precision BioSciences, Inc., a leader in the field of genome engineering, in a patent infringement lawsuit against Cellectis SA. A jury found that all of the claims of Cellectis' US Pat. No. 7,897,372 (the "'372 patent") that were asserted against Precision are invalid both as obvious and for failure to meet the written description requirement and... Read More

BRAINTREE LABORATORIES, INC. V. NOVEL LABORATORIES, INC.
3:11-cv-01341, US District Court, District of New Jersey
In June 2013, WilmerHale obtained a favorable final judgment in the US District Court for the District of New Jersey for Braintree Laboratories, Inc. (Braintree) in its patent infringement case against Novel Laboratories (Novel). The matter involved SUPREP ®—Braintree's small volume sulfate-based colonoscopy preparation product—and Novel's proposed plan to make a generic version of the drug.... Read More

ALTANA PHARMA AG AND WYETH V. TEVA PHARMACEUTICALS
In June 2013, our client Pfizer (formerly Wyeth) announced a $2.15 billion settlement with Teva Pharmaceuticals Industries and Sun Pharmaceutical Industries, which occurred during the trial of Pfizer's and Nycomed's (formerly Altana Pharma AG, and now part of Takeda) claims for patent-infringement damages... Read More

MICROLINC V. INTEL
In July 2013, WilmerHale obtained a zero-dollar walk away settlement on behalf of our client Intel in a patent infringement suit brought by Microlinc, a patent troll, in the Eastern District of Texas. After eight years of litigation, four patent reexaminations, four judges, two lawsuits, and one decisive Markman order, we obtained a statement in the stipulation of dismissal that Microlinc was unable to assert any infringement based on the Court’s claim construction.

PERMOBIL, INC. V. PRIDE MOBILITY PRODUCTS CORP.
WilmerHale recently achieved a significant victory for client Permobil, Inc. in defense of claims of patent infringement asserted by Pride Mobility Products Corp. in the US District Court for the Eastern District of Pennsylvania. In April 2013, Pride filed suit against Permobil alleging infringement of certain claims of Pride's US Patent No. 8,408,343 (the "'343 patent") and... Read More

W.L. GORE & ASSOCIATES, INC. V. ATRIUM MEDICAL
On April 2012, W.L. Gore & Associates, Inc. filed suit against our client Atrium Medical Corporation in the US District Court for the District of Arizona, asserting three patents related to stents covered with expanded polytetrafluoroethylene (ePTFE). During its previous litigation against Medtronic, Gore's counsel successfully persuaded the district court to adopt several claim constructions that were favorable for Atrium.... Read More

KODAK V. ALTEK CORPORATION
In October 2013, a jury in SDNY returned a verdict in favor of our client Kodak, resulting in a damages award of $75.8 million. Prior to trial, the Kodak team obtained summary judgment that Ricoh owed royalties on point and shoot cameras. On the eve of trial, Ricoh stipulated to $53 million in damages on point and shoot cameras.... Read More

PIECZENIK V. ASTELLAS PHARMA US, INC. ET AL.
In March 2012, the Court of Appeals for the Federal Circuit (J. Newman, J. Mayer, J. Plager) affirmed the United States District Court for the District of New Jersey's (J. Pisano) dismissal of patent infringement and RICO claims against our client, Medarex Inc., a subsidiary of Bristol-Myers Squibb Co., on grounds that the plaintiff failed to state a claim under Fed. R. Civ. P. 12(b)(6).... Read More

ST. CLAIR INTELLECTUAL PROPERTY CONSULTANTS, INC. V. RESEARCH IN MOTION, LTD.
In March 2012, WilmerHale obtained a significant victory on behalf of Research In Motion when the United States District Court for the District of Delaware granted a rare summary judgment of noninfringement in favor of RIM against St. Clair Intellectual Property Consultants.... Read More

GENETIC TECHNOLOGIES LIMITED V. BRISTOL-MYERS SQUIBB COMPANY
While GTG's motion for consolidation was pending before the MDL Panel, the PTO, in June 2012, granted an ex parte reexamination of the '179 Patent.... Read More

BROADCOM V. EMULEX
After securing favorable verdicts on two patents in 2011, the Broadcom-Emulex team followed up with a string of additional victories in 2012.... Read More

SIGNAL TECH, LLC V. ANALOG DEVICES
In May 2012, we succeeded in persuading Signal Tech LLC to dismiss its entire lawsuit against Analog Devices with prejudice for no money.... Read More

MBO LABORATORIES V. BECTON, DICKINSON & CO.
WilmerHale successfully represented Becton, Dickinson and Company (BD) in a suit alleging infringement of a patent pertaining to a type of safety needle.... Read More

 

Read about additional 2012 experience.

Recognition

  • American Lawyer – Named WilmerHale its 2014 "IP Litigation Department of the Year." This is the third time that WilmerHale has been named a winner and the fourth time the firm has been named a finalist since the contest's inception in 2002.
  • Best Lawyers in America – Recognized nearly 100 WilmerHale lawyers, naming nine "Lawyer of the Year," including Bill Lee who was named Boston Litigation: Patent "Lawyer of the Year."
  • Boston Business Journal – Named WilmerHale as the "Area's Largest IP Law Firm" in the 2013 and 2012 editions of its annual survey, marking the eighth time WilmerHale has placed first in this listing
  • BTI Consulting Group – WilmerHale was recognized as the "Most-Favored IP Department" in the nation, one of two firms that are the "Best at Complex IP Litigation," one of six firms identified as "Go To IP Litigation Firms," and one of five firms called out as "Go To IP Firms" (for non-litigation IP work) in the BTI Intellectual Property Outlook 2015: Changes, Trends and Opportunities in IP & IP Litigation report.
  • Chambers Europe: Leading Lawyers for Business – Ranked 19 WilmerHale lawyers and seven firm practices, including Intellectual Property, to their 2012 edition
  • Chambers Global: The World's Leading Lawyers – Recognized WilmerHale in 2012, 2013 and 2014 as a leading law firm in the US and in Germany in the area of intellectual property and praised our IP practice as being "an absolutely outstanding team that gives everything you want from a law firm"
  • Chambers USA: America's Leading Lawyers for Business – Named our intellectual property practice among the 2013 shortlist of leading IP law firms in the United States
  • Chambers USA: America's Leading Lawyers for Business – Ranked our practice number one in Massachusetts for the past 11 years (2003-2014). Chambers USA 2011, 2012, 2013 and 2014 also ranked our national practice number one, noting that our teams "are outstanding at all levels, combining first-rate technical and legal acumen and great trial skills." In addition, Chambers USA 2012, 2013 and 2014 ranked our California, DC and New York intellectual property practices. In 2013 and 2014, we were also recognized in International Trade: Intellectual Property (Section 337).
  • Chambers USA: America's Leading Lawyers for Business – Named WilmerHale's intellectual property practice among the top in Massachusetts in 2013 and 2014 and recognized Lisa Pirozzolo, Mark Selwyn, David Bassett, Michael Bevilacqua, Peter Dichiara, Robert Gunther and Wayne Stoner for their intellectual property litigation practices. Bill Lee is also recognized as a "star individual" and is described as "one of the pillars of IP here in Boston."
  • Daily Journal – WilmerHale was named to the "Top Verdicts" 2013 list for the firm's representation of Apple Inc. in the prominent Apple v. Samsung case. Two of WilmerHale's IP litigation victories were previously included in the "Top Verdicts" 2012 list, calling attention to California's most widely-watched rulings of the year. Recognized for being closely followed and examined across the nation, the cases, Apple v. Samsung and Mformation v. Research in Motion were featured.
  • Intellectual Asset Management (IAM) Patent 1000 – Named the firm as "best-in-class" in patent litigation and licensing in California, Massachusetts, New York and Washington DC
  • Law360 – WilmerHale was one of only five firms named among Law360's "Practice Groups of the Year" in 2013. The group was also named "IP Group of the Year" in 2011 and 2010 and received honorable mention in 2009.
  • Managing IP (MIP) – Selected WilmerHale as the Patent Contentious Firm of the Year in 2011, 2012, 2013 and 2014. In 2014, the firm was named the Copyright Firm of the Year and the winner of the Milestone Case of the Year. MIP also named Bill Lee as Massachusetts IP Litigator of the Year and Seth Waxman as DC IP Litigator of the Year—each earning this title for the third year in a row. The firm was recognized as the Pharmaceutical IP Litigation Firm of the Year in 2013.
  • Managing IP (MIP) – Named WilmerHale among the top nationally ranked firms for intellectual property in 2013, and recognized fourteen of our partners as "IP Stars."
  • PLC Cross-border Life Sciences Handbook – WilmerHale is listed in the2011/2012 edition as a leading law firm in the US for life sciences in patent litigation; highly recommended for patent counseling. The 2009/10 edition lists our Intellectual Property and Patent Counseling practices as "highly recommended" in the US.
  • The BTI Consulting Group Inc. – Named WilmerHale among the 2014 "IP Litigation Standouts" in their BTI Litigation Outlook Report
  • The Legal 500 Europe, Middle East and Africa – Recognized the firm in 10 various practice areas, including intellectual property in 2012
  • The Legal 500 United States – Named WilmerHale the nation's best law firm for patent litigation at their inaugural 2014 awards program 
  • The Legal 500 United States – Ranked WilmerHale's intellectual property practice in the "Top Tier" in the 2011, 2012 and 2013 editions of its annual guidebook
  • The National Law Journal – WilmerHale was one of 20 elite law firms named to 2012, 2013 and 2014 Intellectual Property Hot List
  • U.S. News - Best Lawyers® – In the 2013 and 2014 "Best Law Firms" rankings, the firm was honored with first-tier national rankings in Biotechnology Law, IP Litigation, Patent Litigation, Patent Law and Trademark Law; and first-tier metropolitan rankings in Washington DC and San Francisco for IP Litigation; in Boston for Copyright Law, Patent Law, Patent Litigation, IP Litigation and Biotechnology Law; and in New York for Biotechnology Law.

Publications & News

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October 24, 2014

Patent Law and the Supreme Court: Certiorari Petitions Denied

WilmerHale compiles lists of certiorari petitions that raise patent-law issues. This page contains a consolidated list of all recently denied petitions, organized in reverse chronological order by date of certiorari petition.

October 24, 2014

Patent Law and the Supreme Court: Certiorari Petitions Pending

WilmerHale compiles lists of certiorari petitions that raise patent-law issues. This page contains a consolidated list of all pending petitions, organized in reverse chronological order by date of certiorari petition.

October 24, 2014

Patent Law and the Supreme Court: Certiorari Petitions Granted

WilmerHale compiles lists of certiorari petitions that raise patent-law issues. This page contains a consolidated list of all recently granted petitions, organized in reverse chronological order by date of certiorari petition.

October 15, 2014

Inventing Solutions to Global Disease & Poverty

A guest post featured on Patently-O, written by Quentin Palfrey, published on October 15, 2014.

October 13, 2014

WilmerHale Named Best Patent Litigation Firm by The Legal 500 US

WilmerHale has been named the nation's best law firm in the category of IP: Patent Litigation by The Legal 500 United States as part of its inaugural awards program.

October 8, 2014

Becton Dickinson Receives Successful Inter Partes Review Decision

On September 25, 2014, WilmerHale client, Becton, Dickinson and Company (BD), earned a significant victory in an Inter Partes Review (IPR) before the US Patent Office's Patent Trial and Appeal Board (Board) in the form of a Final Written Decision declaring unpatentable all challenged claims of US Pat. No. 5,704,914 (the '914 patent).

October 6, 2014

Claim Constructions In PTAB Vs. District Court

An article written by Jacob Oyloe, James Dowd and David Cavanaugh published by Law360 on October 6, 2014.

October 2, 2014

National Bar Association Honors Tara Elliott as Outstanding Outside Counsel

The National Bar Association Commercial Law Section honored Partner Tara Elliott with its 2014 Outstanding Outside Counsel Award, meant to recognize attorneys who are continuously demonstrating significant achievements in their practice while dedicating time towards community outreach and diversity efforts.

October 1, 2014

Technical and Scientific Experience

Our ability to provide superior legal representation to technology companies is greatly enhanced by the academic and industry experience of our lawyers in a wide variety of technical and scientific fields.    

September 30, 2014

Cyber Crime And Trade Secret Protection: Strengthening Defenses

An article written by Jonathan Cedarbaum and Jane Love published in the New York Law Journal’s White-Collar Crime Special Section on September 29, 2014.

Patent Cert. Petitions

WilmerHale compiles lists of certiorari petitions that raise patent-law issues. This page contains a consolidated list of all recently pending, granted and denied petitions, organized in each listing in reverse chronological order by date of certiorari petition.

Patent Law and the Supreme Court: Certiorari Petitions Pending

Patent Law and the Supreme Court: Certiorari Petitions Granted

Patent Law and the Supreme Court: Certiorari Petitions Denied

For more information on these petitions or other patent appeal matters, contact:

Joseph J. Mueller (+1 617 526 6396, joseph.mueller@wilmerhale.com)
Thomas G. Saunders (+1 202 663 6536, thomas.saunders@wilmerhale.com)
Leslie Pearlson (+1 617 526 6809, leslie.pearlson@wilmerhale.com)