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 140 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 from coast to coast, the US International Trade Commission and Germany. 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

Anderson, Thomas E.

Thomas E. Anderson

Partner

+1 202 663 6227 (t)

tom.anderson@wilmerhale.com

Bassett, David B.

David B. Bassett

Partner

+1 212 230 8858 (t)

david.bassett@wilmerhale.com

Burling, James C.

James C. Burling

Partner

+1 617 526 6416 (t)

james.burling@wilmerhale.com

Carome, Patrick J.

Patrick J. Carome

Partner

+1 202 663 6610 (t)

patrick.carome@wilmerhale.com

Cook, Trevor

Trevor Cook

Partner

+1 212 230 8826 (t)

trevor.cook@wilmerhale.com

Dichiara, Peter M.

Peter M. Dichiara

Partner

+1 617 526 6466 (t)

peter.dichiara@wilmerhale.com

Dowd, James M.

James M. Dowd

Partner

+1 213 443 5309 (t)

james.dowd@wilmerhale.com

Elliott_Tara_lo.jpg

Tara D. Elliott

Partner

+1 202 663 6748 (t)

tara.elliott@wilmerhale.com

Experience

Recent achievements include:

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.... 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.... 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).... 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..... Read More

ORGANIC SEED GROWERS & TRADE ASS'N V. MONSANTO
Judge Naomi Buchwald of the US District Court for the Southern District of New York dismissed a lawsuit brought against WilmerHale clients Monsanto Company and Monsanto Technology LLC by a collection of organic and conventional farmers attempting to block potential litigation should Monsanto's patented seeds stray onto their land.... Read More

MITSUBISHI HEAVY INDUSTRIES LTD. V. GENERAL ELECTRIC CO.
In July 2012, the United States Court of Appeals for the Federal Circuit awarded a victory to our client, General Electric, in its longstanding patent infringement battle with Mitsubishi Heavy Industries over wind turbine technology.... Read More

BRISTOL-MYERS SQUIBB - BARACLUDE PATENT
WilmerHale obtained a significant victory for our client Bristol-Myers Squibb Co. (BMS) in a patent invalidation proceeding against a Chinese generic company involving the drug product Baraclude (entecavir) before the Patent Reexamination Board of China's State Intellectual Property Office and the Beijing First Intermediate People's Court.... Read More

EASTMAN KODAK COMPANY V. ASIA OPTICAL COMPANY, INC.
In March 2012, Judge Cote of the United States District Court for the Southern District of New York granted our motion for summary judgment of liability in Kodak v. Asia Optical, 11-cv-6036.... 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

YAHOO! V. FACEBOOK
WilmerHale represented Facebook in its first major patent battle, after Yahoo! initiated a lawsuit claiming infringement of ten Yahoo! patents.... Read More

FREESCALE SEMICONDUCTOR, INC. V. MEDIATEK
WilmerHale secured a significant victory at the International Trade Commission for its client MediaTek Inc., a leading fabless semiconductor company for wireless communications and digital multimedia solutions.... Read More

MFORMATION TECHS, INC. V. RESEARCH IN MOTION, LTD.
Less than 40 days before trial, WilmerHale took the lead in defending Research in Motion (RIM) in a jury trial in the Northern District of California from patent infringement claims regarding phone management software, and that totaled nearly $1 billion.... Read More

PSN ILLINOIS, LLC V. ABBOTT LABORATORIES AND ABBOTT BIORES CENTER, INC.
WilmerHale represented Abbott Laboratories and Abbott Bioresearch Center, Inc., now known as AbbVie Inc. (AbbVie) in a patent infringement lawsuit brought by PSN Illinois, LLC (PSN) in the US District Court for the Northern District of Illinois.... Read More

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.
  • 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
  • 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 10 years (2003-2013). Chambers USA 2011, 2012 and 2013 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 and 2013 ranked our California, DC and New York intellectual property practices. In 2013, 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 recognized Lisa Pirozzolo, Mark Selwyn, David Bassett, 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 Best Lawyers in America – Lists seven WilmerHale IP Litigation lawyers selected by their peers for inclusion in the 2013 and 2014 rankings. In 2014, Bill Lee was named Boston Litigation: Patent Lawyer of the Year.
  • 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 – 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 and 2013 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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April 21, 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.

April 21, 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.

April 21, 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.

April 8, 2014

WilmerHale Shortlisted for Chambers USA Award for Excellence in IP, Securities and Financial Services Regulation

WilmerHale's Intellectual Property and Securities Departments, and its IP Litigation, Securities Litigation and Enforcement, Broker-Dealer and Financial Institutions Groups have received special recognition by Chambers USA as part of this year's Awards for Excellence program.

April 7, 2014

High Level Patent Reform

A guest post featured on Patently-O, written by Ken Salazar and Quentin Palfrey, published on April 7, 2014.

April 4, 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.    

April 1, 2014

Born, Scozzafava and Thomas Named as 2014 ILO Client Choice Award Recipients

Partners Gary Born, Dr. Mary Rose Scozzafava, and Dr. Holger Thomas have been named exclusive recipients of the 2014 Client Choice Awards from International Law Office in the areas of Arbitration in the UK, Intellectual Property - Patents in Massachusetts, and Employment in Germany.

March 26, 2014

Managing IP Names WilmerHale as Patent Contentious Firm of the Year

Managing IP has recognized WilmerHale as the US Patent Contentious Firm of the Year for the fourth consecutive year. At its Annual North American Awards Ceremony held at the Willard InterContinental in DC on March 25, the firm was not only honored as the Patent Contentious Firm of the Year but was also named the Copyright Firm of the Year in the northeast, and the winner of the Milestone Case of the Year with Medtronic for their joint success in Medtronic v. Boston Scientific.

March 14, 2014

Chambers & Partners Recognizes WilmerHale in its 2014 Global Edition

Thirty-one WilmerHale lawyers have been named among the “World’s Leading Lawyers for Business” in the 2014 edition of Chambers Global. In addition to these individual accolades, 13 of the firm’s practice areas were also recognized.

March 11, 2014

Accomplished IP Litigator Joins WilmerHale as Partner in Washington DC

WilmerHale is pleased to welcome Tara D. Elliott as a partner in the firm's Intellectual Property Litigation Group in Washington DC.

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)