Intellectual Property Litigation
Patent LitigationClients know WilmerHale as one of the top firms for patent litigation. We have helped companies protect their IP in jurisdictions across the US and internationally, including the International Trade Commission, the Federal Circuit, the Supreme Court and all courts at the district level.Learn More
Intellectual Property Appeals
Intellectual Property AppealsTo be successful before the US Supreme Court and the US Court of Appeals for the Federal Circuit, companies require advocates with deep understanding and experience. The Federal Circuit, especially, is an extraordinarily specialized forum where firsthand experience provides a critical tactical advantage.Learn More
Post-Grant ProceedingsWe advise clients on the smartest, most cost-effective ways to challenge or defend issued patents.Learn More
Hatch-Waxman and Biologics Litigation
Hatch-Waxman and Biologics LitigationInnovation is the key to success for any pharmaceutical or biotechnology company. Equally important is procuring intellectual property to safeguard those innovations and developing strategies to protect those valuable assets from unauthorized use by competitors. Our team has the litigation experience, patent proficiency and regulatory knowledge to do just that.Learn More
International Trade Commission
International Trade CommissionWhen facing an International Trade Commission (ITC) Section 337 investigation, leaders across industries turn to our seasoned litigation team for our encyclopedic knowledge of the Commission’s procedures, priorities and rulings. With the ITC’s increasing popularity as a venue for various types of intellectual property disputes, our powerhouse litigation team is imperative to the success of our clients.Learn More
Intersection of Antitrust and IP
Intersection of Antitrust and IPWilmerHale is uniquely positioned to provide counseling, strategic advice and litigation representation to clients confronting issues involving both antitrust and intellectual property law—and the intersection between the two.Learn More
Trade SecretsTrade secret theft, increasingly through cyber intrusions and hacks, can severely impact a company’s competitiveness and put domestic and international jobs at risk. The reach of trade secret theft into critical commercial and defense technologies, consumer lists and pre-patent processes poses privacy- and national security–related threats as well.Learn More
Copyright and Trademark Litigation
Copyright and Trademark LitigationThanks to a trial history that exceeds many of our competitors, we have a deep familiarity with US and international venues and a creative approach to litigation of any scope and complexity.Learn More
Future European Patent System: Unified Patent Court and Unitary Patent
Future European Patent System: Unified Patent Court and Unitary PatentThe Unified Patent Court will be a single court having jurisdiction in all EU Member States that ratify the UPC Agreement. Currently, patents generally must be enforced (or revoked) separately in each European jurisdiction.Learn More
Protecting Intellectual Property in International Markets
Protecting Intellectual Property in International MarketsCompanies face significant challenges in protecting and enforcing their intellectual property around the world, and when those challenges are not successfully addressed, the business consequences can be enormous. WilmerHale is specially positioned to help with these challenges, bringing to bear lawyers ranked as the best in the world from the patent and trademark bar, IP litigators and international trade, with global experience in navigating the complex legal, business and public policy aspects of international IP.Learn More
WilmerHale Named New York Law Journal IP Litigation Department of the YearNews
WilmerHale Named IP Litigation Powerhouse by BTI ConsultingNews
Achieved a trial victory for Apple Inc. marking a significant milestone in the company’s seven-year fight to hold Samsung Electronics accountable for copying the original iPhone and applying patented Apple designs and features to numerous Samsung phones. After four days of deliberation, a jury in the Northern District of California awarded $539 million in damages to Apple. Apple and Samsung later announced a settlement of all remaining patent litigation between them.
Earned a significant victory for Universal Wilde when the Federal Circuit delivered a precedential opinion affirming the dismissal of a patent-infringement lawsuit brought by Secured Mail Solutions, a patent-assertion entity.
On behalf of Intel, secured an important victory in a patent infringement suit in the District of Delaware, in which the plaintiff sought $2 billion in damages for alleged infringement of a patent relating to microprocessor circuits.
Secured a major victory for Google in the Second Circuit in a copyright dispute with the Authors Guild over Google Books.
Secured a victory at the Federal Circuit for Braintree Laboratories, Inc. when the court reversed a district court’s grant of summary judgment of noninfringement for Breckenridge Pharmaceutical and remanded with instructions to enter judgment in Braintree’s favor. This Hatch-Waxman matter involved a patent owned by Braintree pertaining to its product SUPREP, a highly successful product designed to cleanse the colon safely before a colonoscopy.
Achieved a victory for Akamai Technologies when the Delaware Supreme Court affirmed the dismissal of a lawsuit brought by Limelight Networks, Inc., a competitor, asserting breach of a settlement agreement between the parties.
On behalf of a semiconductor company, prevailed in a trademark infringement action in the Northern District of California. The defendant agreed to drop its EU, US and Canadian trademark applications, to never re-file similar trademark applications in any jurisdiction, and to pay damages to our client.
For Takeda subsidiary Millennium Pharmaceuticals, secured a Federal Circuit reversal of a district court finding of patent invalidity and remanded the case with instructions to enter judgment in favor of Takeda. This Hatch-Waxman matter involved a patent owned by the United States government and exclusively licensed to Takeda covering the latter’s blockbuster oncology drug Velcade.
Secured a significant victory in the US Supreme Court for Marvel in a dispute over patent royalties for a toy. As a result, Marvel is not required to pay patent royalties to the petitioner, whose patent expired in 2010.
For Ford Motor Company, achieved a major victory when the federal jury in the Western District of Washington returned a verdict finding that Ford had not infringed any of the four asserted patents, and finding that the plaintiffs, Eagle Harbor Holdings and MediusTech LLC, and their CEO had misappropriated Ford’s trade secrets. The jury also found two of the five asserted claims to be invalid. The plaintiffs had originally sought over $750 million in damages accusing Ford's Active Park Assist and SYNC systems of infringing their patents related to collision avoidance and infotainment technology. The case was Ford’s largest patent litigation in its history.
Secured a US Supreme Court victory for POM Wonderful LLC, which sued a competitor that began selling a “Pomegranate Blueberry” juice product that was 99% apple and grape juice.
Represented Medtronic at the US Supreme Court in a case in which the Court reversed the decision of the US Court of Appeals for the Federal Circuit that the declaratory plaintiff bears the burden of persuasion when a patentee is a declaratory judgment defendant and is foreclosed from asserting an infringement counterclaim due to a license.
For a biopharmaceutical company, a client that initially sought our help for general ANDA diligence counseling, we won with co-counsel an unexpected IPR and, in doing so, secured an additional 15 years of exclusivity for their product beyond the expiration of the compound patent.
IP Litigation Department of the Year
The American Lawyer
Consistently recognized as a top firm
Top Law Firm of the Year in Intellectual Property
U.S. News and World Report
Intellectual Property Hot List
National Law Journal
Named to the List for five consecutive years
- The American Lawyer – Named WilmerHale a finalist in its 2018 Litigation Department of the Year contest. The magazine also recognized the firm with its IP Litigation Department of the Year title twice (in 2014 and 2008) and named it a finalist in the category six times since the publication first awarded it in 2004.
- Best Lawyers in America – Recognized 114 WilmerHale lawyers, naming nine “Lawyer of the Year,” including Michael Bevilacqua who was named Boston Trademark Law Lawyer of the Year for 2019.
- Boston Business Journal – Named WilmerHale as the “Area’s Largest IP Law Firm” in the 2016 edition of its annual survey, marking the eleventh time WilmerHale has placed among the top in this listing.
- BTI Consulting Group – WilmerHale was named an IP Litigation Powerhouse in the 2019 edition of BTI Litigation Outlook and was named an IP Litigation Standout—among the top 5% of all firms—in the 2018 and 2017 editions. 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 report.
- Chambers Europe: Leading Lawyers for Business – Ranked 12 WilmerHale lawyers and five firm practices, including Intellectual Property, in its 2017 edition.
- Chambers Global: The World’s Leading Lawyers – Recognized WilmerHale in 2012–2018 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 – Ranked our practice in band one in Massachusetts for the past 15 years (2003–2018). Chambers USA 2011–2018 ranked our national practice in band 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 ranked our California (2012–2018), Colorado (2016–2018), DC (2012–2018) and New York (2012–2018) intellectual property practices. In 2013–2018, we were recognized in International Trade: Intellectual Property (Section 337). In 2013, Chambers named our intellectual property practice among the shortlist of leading IP law firms in the United States.
- 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.
- IAM Patent 1000 – Ranked WilmerHale a leading firm in 2018 for litigation nationally, as well as in California, Colorado, the DC Metro area and Massachusetts. The firm was also recommended in Massachusetts for its transactions practice.
- Lake Whillans – The Life Sciences Law Firm Index included WilmerHale among the top three best life sciences law firms (2016, 2017), as the top firm for startup work (2017), among the top 10 deal firms (2017), the top two patent law firms (2016) and top 10 firms for thought leadership (2016).
- Law360 – WilmerHale was named among Law360’s “Practice Groups of the Year” in 2016, marking the fifth time the IP group has received the recognition.
- LMG Life Sciences – Recognized the firm in 2018 with the Hatch-Waxman Impact Case of the Year Award for its role in Millennium Pharmaceuticals v. Sandoz.
- Managing IP (MIP) – Named WilmerHale the 2017 Patent Contentious Firm of the Year—both in the United States and in the Northeast region—and Bill Lee was named as the Massachusetts Outstanding IP Litigator. In 2016, WilmerHale was named Patent Contentious Firm of the Year. The firm was shortlisted as one of the Patent Contentious Firms of the Year, Copyright Northeast Firms of the Year and Pharma IP Litigation Firms of the Year for 2015. David Cavanaugh, Bill Lee and Seth Waxman received individual recognitions. WilmerHale was selected as the Patent Contentious Firm of the Year each year between 2011 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 fourth 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 2018, and recognized 19 of our partners as IP Stars.
- New York Law Journal – Recognized WilmerHale as the Intellectual Property Litigation Department of the Year for 2018.
- Silicon Valley Business Journal – In 2016, WilmerHale was ranked among the top 10 largest IP law firms in Silicon Valley, a ranking based on the number of attorneys working out of the firm’s Palo Alto office.
- The Legal 500 United States – Named WilmerHale the nation’s best law firm for patent litigation at their inaugural 2014 awards program, and ranked WilmerHale’s intellectual property practice in the “Top Tier” in the 2011–2018 editions.
- The National Law Journal – Recognized WilmerHale as the 2017 Washington DC Litigation Department of the Year in the General Litigation category. WilmerHale was also one of 15 law firms to be named to the 2015 Intellectual Property Hot List, a recognition the firm has earned each year since 2012, and featured among the top 20 of the “Top 100 Verdict in 2014” list for serving as legal counsel to Apple in Apple Inc. v. Samsung Electronics Co., Ltd., N.D. Calif., 5:12-cv-00630-LHK.
- U.S. News - Best Lawyers® – In the 2013–2019 “Best Law Firms” rankings, the firm was honored with first-tier national rankings in Biotechnology Law, IP Litigation and Patent Litigation; and first-tier metropolitan rankings in Washington DC and San Jose for IP Litigation; in Boston for Copyright Law, Patent Law, Patent Litigation, IP Litigation, and Trademark Law; in Colorado for Patent Law; and in New York for Biotechnology Law. In 2017, a client told U.S. News & World Report and Best Lawyers®: “I have worked with a team from WilmerHale for the last year and a half on a significant patent litigation matter. At all levels of seniority, the WilmerHale lawyers I've worked with have demonstrated expertise, excellent critical thinking and strategy, mastery of complex technology and complicated, ever-changing procedures in patent law and in inter partes review before the Patent Trial and Appeal Board. They implemented crisp and persuasive writing, as well as effective case management.”