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
WilmerHale Receives Six Practice and 21 Individual Recognitions in IAM Patent 1000 2018News
WilmerHale Honored Throughout 2019 U.S. News - Best Lawyers® Best Law Firms ListNews
Successfully represented Aegerion (alongside co-counsel) in two inter partes reviews challenging patents covering the approved dosing methods of Juxtapid, a lipid-lowering agent for the treatment of familial hypercholesterolemia.
Achieved a victory for patent owner Akamai Technologies against Limelight Networks when the Patent Trial and Appeal Board issued a final written decision finding all instituted claims not invalid.
Successfully invalidated all 371 claims of 10 patents asserted against a major consumer products company (later affirmed by the Federal Circuit) in one of the largest inter partes review proceedings ever brought.
WilmerHale secured a total victory, along with co-counsel, for Gilead Sciences when the PTAB denied institution of the tenth straight petition for IPR of patents directed to Gilead’s Hepatitis C products, including the blockbuster drugs Sovaldi, Harvoni and Epclusa. The series of 10 for 10 denials by the PTAB across eight patents is particularly notable because the PTAB’s IPR institution rate for pharmaceutical patents is generally about 60%.
On behalf of Unified Patents, achieved a significant victory when the Patent Trial and Appeal Board issued its final written decision invalidating all claims against a patent, assigned to Nonend Inventions N.V., which Nonend asserted in multiple district court cases against a wide range of companies.
Also for Unified Patents, used the inter partes review process to successfully challenge all 16 claims of a patent held by Sportbrain Holdings, which had been asserted against more than 140 defendants.
Achieved a series of victories, culminating in four successful covered business method reviews, in which the Patent Trial and Appeal Board invalidated 83 of a patent assertion entity’s claims against a group of major financial institutions.
For electronic wheelchair developer Permobil, achieved a victory when the Patent Trial and Appeal Board issued final written decisions on two inter partes reviews that declared all challenged claims unpatentable. WilmerHale also successfully convinced the US Court of Appeals for the Federal Circuit to uphold the decisions after the patent owner appealed.
Successfully invalidated a patent through an inter partes review on behalf of Becton Dickinson, challenging a patent relating to needle technology. BD filed the proceeding after it was sued for infringement. We obtained a final written decision canceling all the challenged claims, and the litigation subsequently settled on terms favorable to BD during the Federal Circuit appeal.
For a Fortune 500 technology company, obtained a significant victory when the Federal Circuit held that three patent claims that we had challenged in an inter partes review adverse to an acoustics company were unpatentable. The patents related to speaker designs that the acoustics company accused our client of infringing.
Represented VMware and EMC in a suit, initially filed in the Eastern District of Texas, relating to cloud computing. The plaintiff, a non-practicing entity, alleged infringement of a portfolio of patents by most of the major cloud computing companies. VMware and EMC were the only companies in the first round of defendants to file inter partes reviews. We ultimately convinced the Eastern District of Texas to transfer the case to California, and convinced the Northern District of California to stay the case pending the proceedings. The Patent Trial and Appeal Board subsequently invalidated all challenged claims, and the Federal Circuit affirmed.
Most Experienced in Representing Petitioners at PTAB
2017 Patent Trial and Appeal Board Report
Patent Contentious Firm of the Year
Ranked First-Tier National and First-Tier Metropolitan
U.S. News – Best Lawyers®
- Best Lawyers in America – Recognized more than 10 WilmerHale IP and IP litigation-related partners in the 2019 edition—overall recognizing 114 WilmerHale lawyers and naming nine of them as “Lawyers of the Year, ” including Michael Bevilacqua who was named Boston Trademark Law Lawyer of the Year.
- 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 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.
- 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. In 2015, and based on research conducted by Unified Patents Research, IAM reported that WilmerHale was one of the most successful law firms at the Patent Trial and Appeal Board.
- Lex Machina – According to the 2017 Patent Trial and Appeal Board Report by legal data analytics firm Lex Machina, WilmerHale is one of two full-service law firms that is most experienced in representing petitioners at the Patent Trial and Appeal Board, having filed 65 petitions in 2016 alone.
- Managing IP (MIP) – Named WilmerHale the 2019 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. The firm was also named the Patent Contentious Firm of the Year in 2017 for the seventh time, and named Bill Lee the 2017 Massachusetts Outstanding IP Litigator. In past years, MIP has singled out Natalie Hanlon Leh, David Cavanaugh and Seth Waxman for recognition. In 2015, 2016 and 2017, David Cavanaugh was named to the Managing IP North America Awards shortlist for Patent Trial and Appeal Board Litigation.
- Managing IP World IP Survey – WilmerHale was included in the 2015 shortlist of firms recognized for excellence in US Patent Trial and Appeal Board Litigation.
- 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.
- U.S. News – Best Lawyers® – In its 2013–2019 “Best Law Firms” rankings, the firm was honored with first-tier national rankings in Biotechnology Law, IP Litigation, Patent Litigation and Patent Law; 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.