WilmerHale Women: Trial Lawyers
How to Deliver a Stellar Opening Statement in a Patent TrialPublications
Secured judgment on all counts for Harvard University in a case challenging its use of race in the undergraduate admissions process following three-week federal bench trial.
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.
Achieving a stunning victory in the US District Court for the Southern District of New York for former London-based foreign exchange (FX) trader Rohan Ramchandani after a two-week jury trial. Ramchandani, who was indicted by US prosecutors on charges of engaging in illegal price-fixing in the FX markets in violation of the Sherman Antitrust Act, faced a sentence of up to 10 years in prison had he been convicted.
Obtaining a significant trademark victory for BRP in a case brought against it by Jaguar Land Rover Limited concerning BRP’s Can-Am Defender utility-recreation side-by-side. Land Rover sued BRP, seeking $130 million in damages and alleging that BRP’s Can-Am Defender infringed Land Rover’s US trademark rights on “Defender.” After an eight-day trial, a jury in the US District Court for the Eastern District of Michigan rejected Land Rover’s infringement claim.
Achieving a significant victory for Intel Corporation in a $2 billion patent infringement suit brought by AVM Technologies. The six-day jury trial held in the US District Court for the District of Delaware resulted in a finding of no infringement on eight asserted claims.
Obtaining a victory at the Federal Circuit for Braintree Laboratories, Inc. when the appeals court reversed a district court’s grant of summary judgment of noninfringement for Breckenridge Pharmaceutical. Breckenridge filed an Abbreviated New Drug Application to market a generic copy of Braintree’s colon-cleanse product SUPREP, and Braintree filed suit for patent infringement. The appeals court concluded that Breckenridge’s generic copy would infringe because the claims of Braintree’s patent covered the means to achieve FDA-approved use.
Defending former Thornburg Mortgage CEO Larry Goldstone and CFO Clarence Simmons III against claims that they schemed to defraud investors and mislead their auditors. Following a three-week trial, the jury cleared both on half of the 10 claims they faced, and deadlocked in the defendants’ favor on the remaining five, resulting in the US Securities and Exchange Commission’s first loss at trial since 2014. The SEC then dismissed the remaining claims, rather than face a retrial.
Achieving a significant victory for the National Collegiate Athletic Association when a jury in Massachusetts returned a defense verdict after a seven-day libel trial in which the plaintiff sought $25 million in damages.
Achieving a victory in the Armed Services Board of Contract Appeals for The Boeing Company and United Launch Services LLC. Following three weeks of trial and substantial post-trial briefing, the board agreed with petitioners on all litigated issues and held that the Air Force was obligated to pay new prices for the launch of three GPS satellites into space.
Achieving a complete victory for TransUnion Risk and Alternative Data Solutions after six days of trial when the US Bankruptcy Court for the Southern District of Florida issued a declaratory judgment holding that TRADS owns all the intellectual property it paid $154 million to acquire, enjoining the defendants from using TRADS’ IP, and awarding attorneys’ fees and costs.
Representing Ford Motor Company in a four-patent trial related to collision avoidance and infotainment technology in the Western District of Washington (the jury found in favor of our client and found the plaintiffs and their CEO had misappropriated Ford’s trade secrets).
Obtaining a win for Millennium Pharmaceuticals, Inc. (a wholly owned subsidiary of Takeda) when a Federal Circuit panel held that a Delaware federal court had erred in ruling that a Millennium cancer drug patent was invalid as obvious over prior art in its infringement litigation against a number of generic-drug companies. 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®. Generic drug manufacturers including Sandoz filed ANDAs seeking to market generic versions of Velcade and Takeda filed suit for patent infringement in the US District Court for the District of Delaware. In reversing the lower court's ruling, the appeals court found that the asserted claims were directed to the mannitol ester of bortezomib—“a new compound with distinct chemical properties”—and that these claims were not obvious.
Obtaining a significant victory in the US District Court for the District of New Jersey for Braintree Laboratories, Inc. Following a three-day bench trial, US District Judge Peter Sheridan found that Braintree proved by a preponderance of the evidence that the proposed generic product of defendant Novel Laboratories, Inc. would infringe the five asserted claims of Braintree’s patent if marketed and sold.
Securing a complete victory for GoDaddy.com when the US District Court for the Central District of California concluded that GoDaddy acted with a good faith belief that its use of multiple challenged domain names by the plaintiff was a fair use or otherwise lawful.
Securing, after only one partial day of testimony, a full dismissal of all criminal charges against client David Ard, a regional sales manager for Stryker Biotech. Ard had been charged with conspiracy to defraud the FDA and commit wire fraud, as well as wire fraud, in connection with the alleged off-label promotion of medical devices distributed by his former employer. The government moved to dismiss all charges against Ard with prejudice, stating that it was “in the interest of justice” to do so. The government also stated on record that it did not consider Ard a co-conspirator.
Litigation Department of the Year Finalist
The American Lawyer
2018; GENERAL LITIGATION CATEGORY
Washington DC White Collar Defense Litigation Department of the Year
The National Law Journal
Appellate Hot List
The National Law Journal
- Best Lawyers in America – Recognized over 100 WilmerHale lawyers, across various litigation categories, in this annual list of outstanding lawyers as evaluated by their peers.
- BTI Consulting Group – Named WilmerHale an IP Litigation Powerhouse in the 2019 edition of BTI Litigation Outlook and named the firm an IP Litigation Standout—among the top 5% of all firms—in the 2018 and 2017 editions.
- Chambers Global – In 2019, named 37 WilmerHale lawyers among “The World’s Leading Lawyers for Business,” 15 of them recognized for litigation work.
- Chambers USA – Recognized WilmerHale as a leading law firm in multiple litigation practice areas, including antitrust, appellate, FCPA, intellectual property, international arbitration, Native American law, securities and white-collar crime, and government investigations. In 2019, 92 WilmerHale lawyers were recognized for their respective practices.
- Global Arbitration Review – Named WilmerHale among the world’s top international arbitration practices each year since the 2008 inception of its GAR 30 list.
- 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.
- Law360 – For three consecutive years, recognized WilmerHale as a “Technology Group of the Year,” citing the firm for its outstanding trial work for clients such as Apple and Intel.
- The Legal 500 United States – In 2019, recognized WilmerHale lawyers across 36 practice areas—including 15 who were named to its elite “Leading Lawyers” list and six named to its “Next Generation Lawyers” list.
- 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.
- The National Law Journal – Named WilmerHale the 2019 Washington DC Litigation Department of the Year in the White Collar Defense category.
- The National Law Journal – Named WilmerHale the 2017 Washington DC Litigation Department of the Year in the General Litigation category. The NLJ noted that the firm “dominated the litigation landscape like an armored vehicle, on offense and defense, in cutting-edge and traditional cases and across a wide swath of law.”
- The National Law Journal – Named the firm to its annual Appellate Hot List each year since 2008. The list honors firms that have achieved significant appellate wins during the past year and have an impressive track record overall.
- New York Law Journal – Recognized WilmerHale as the Intellectual Property Litigation Department of the Year for 2018.
- U.S. News - Best Lawyers – Ranked several of WilmerHale’s litigation practices—including antitrust, bankruptcy, First Amendment, intellectual property, patent and regulatory enforcement (SEC, telecom, energy)—in the first tier nationally in its 2019 “Best Law Firms” list. The firm was also named “Law Firm of the Year” in First Amendment litigation in 2019, intellectual property litigation in 2018 and international arbitration in 2015.
- Global Competition Review – Honored WilmerHale's Antitrust and Competition Practice with the award for 2018 Litigation of the Year–Cartel Defence.