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 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, Trademark and Trade Secrets Litigation
Copyright, Trademark and Trade Secrets 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 can face enormous negative consequences by inadequately protecting and enforcing their intellectual property. WilmerHale is well-positioned to help with these challenges, bringing to the table specialized lawyers from the patent and trademark bar who rank among the best in the world.Learn More
Managing IP Names WilmerHale as US Patent Contentious Firm of the Year for the Northeast RegionNews
WilmerHale Recognized by LMG Life Sciences at Annual AwardsNews
Achieved a trial victory for Apple 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 awarded $539 million in damages to Apple. Apple and Samsung later announced a settlement of all remaining patent litigation between them.
Prevailed at the ITC, the U.S. district court, and then twice before the Federal Circuit on behalf of Intel, Apple, and Hewlett-Packard after X2Y Attenuators LLC claimed that Intel’s microprocessors, and the Apple and HP computers containing them, infringed multiple X2Y patents.
Won a major, complete victory for Bristol-Myers Squibb and Pfizer in one of the largest Hatch-Waxman cases ever filed. A district judge found the patents covering our clients’ blockbuster drug Eliquis® were valid and infringed by all generics challenging them. This case covered 25 generic companies and likely protects Eliquis® until at least 2031.
Earned a milestone victory for Becton Dickinson (BD) that ended an eight-year multinational patent infringement dispute with Braun Melsungen in US district court, the Federal Circuit, the PTAB and numerous jurisdictions across the globe. Eleven patents were asserted against BD in the US, and more than 60 patents in a half dozen countries were asserted outside the US. Braun ultimately settled the global dispute and gave BD a broad portfolio license.
Prevailed on behalf of Swatch Group Ltd. in a counterfeiting case against a Canal Street landlord after being brought on as counsel days before trial. Following a one-week trial, a jury unanimously found the landlord liable for contributory trademark infringement. The jury further awarded $1.1 million in damages based on the sale of a single counterfeit Omega.
Obtained a full defense verdict for Bombardier Recreational Products (BRP) defeating a $130 million trademark infringement claim brought by Jaguar Land Rover. Following an eight-day trial with 19 witnesses, the jury rendered a 7-1 verdict in BRP’s favor, finding that BRP’s Can-Am Defender off-road vehicle did not infringe Land Rover’s trademark for DEFENDER.
Achieved a noteworthy victory for Takeda's wholly owned subsidiary, Millennium Pharmaceuticals, at the Federal Circuit when the appeals court reversed a district court finding of patent invalidity based on obviousness and remanded the case with instructions to enter judgment in favor of Takeda. This Hatch-Waxman matter involved a patent owned by the US government and exclusively licensed to Takeda covering the latter’s blockbuster oncology drug Velcade® which has annual US sales in excess of $1 billion.
Earned a major win for Ancestry when a district court judge granted our motion to dismiss finding that all patent claims asserted by 23andMe were invalid because they were directed to patent ineligible subject matter. This case was the first major legal clash between the two top genetic testing companies in the country, and upon appeal to the Federal Circuit, the panel unanimously affirmed the district court’s decision.
IP Litigation Department of the Year
The American Lawyer
Consistently recognized as a top firm
Law Firm of the Year in Patent Law
U.S. News - Best Lawyers® Best Law Firms List
United States Patent Contentious Firm of the Year
- 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 124 WilmerHale lawyers and named 11 of them “Lawyers of the Year” for 2020, including Michael Bevilacqua, who was named Boston Trademark Law Lawyer of the Year, and Lisa Pirozzolo, who was named Boston Patent Litigation Lawyer of the Year.
- 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 2012–2019 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 16 years (2003–2019) and in Washington DC in 2020. Chambers USA 2011–2019 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 (2012–2020), Colorado (2016–2020), Massachusetts (2020), New York (2012–2019) and Washington DC (2012–2019) and intellectual property practices. In 2013–2019, 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 and 2019 for litigation nationally, as well as in California, Colorado, the DC Metro area and Massachusetts. The firm was also recommended in Massachusetts in 2018 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 listed among the top five “go-to” firms for PTAB litigation, which identifies law firms that handled the most cases at PTAB from 2012-2019. In 2016, WilmerHale was named among Law360’s “Practice Groups of the Year,” marking the fifth time the IP group has received the recognition.
- LMG Life Sciences – Recognized with the Impact Case of the Year award for the firm’s work on Enzo Life Sciences v. Roche Molecular Systems and Robert Gunther was named the General Patent Litigator of the Year – New York at the LMG Life Sciences Awards 2020. Recognized the firm in 2018 with the Hatch-Waxman Impact Case of the Year Award for its role in Millennium Pharmaceuticals v. Sandoz and named WilmerHale General Patent Litigation Firm of the Year and Intellectual Property Firm of the Year in 2019. In addition, in 2020 WilmerHale was shortlisted for General Patent Litigation Firm of the Year, Intellectual Property Firm of the Year and Inter-Partes Review Firm of the Year. LMG also shortlisted Amy Wigmore as General Patent Litigator of the Year – District of Columbia, Lisa Pirozzolo as General Patent Litigator of the Year – New England, Emily Whelan as Post-Grant Proceedings Attorney of the Year and William McElwain as Appellate Litigator of the Year – Intellectual Property.
- Managing IP (MIP) – Named WilmerHale the 2020 Patent Contentious Firm of the Year for the Northeast region. In 2019, Managing IP named WilmerHale the United States Patent Contentious Firm of the Year, and recognized Bill Lee and Mindy Sooter as Outstanding Litigator of the Year for Massachusetts and Colorado, respectively. In 2017, WilmerHale was named the 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. WilmerHale was also named Patent Contentious Firm of the Year for 2016. 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 2019, and recognized 18 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 2011–2020 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® – Named Law Firm of the Year in Patent Law in 2021. In the 2013–2021 “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 Boston for Biotechnology Law, Copyright Law, Patent Law, Patent Litigation, IP Litigation, and Trademark Law; in Colorado for IP Litigation and Patent Law; in New York for Biotechnology Law; in San Jose for IP Litigation and Patent Litigation; and in Washington DC for IP Litigation. 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.”