WilmerHale's IP Litigation Practice features a premier litigation team backed by the academic and industry experience of more than 120 lawyers and technology specialists with scientific or technical degrees.

Named the Litigation – Intellectual Property Firm of the Year by U.S. News and World Report and Best Lawyers® for 2018 and an IP Litigation Department of the Year finalist by The American Lawyer in 2016, our lawyers have tried major cases in federal district courts throughout the United States, the US International Trade Commission, and in Germany and the UK. We also regularly represent clients in patent appeals before the United States Supreme Court and the Federal Circuit, and in inter partes review proceedings before the United States Patent Office. U.S. News - Best Lawyers has highlighted the group's “unique combination of quality law practice and breadth of legal knowledge and experience,” with clients stating that “WilmerHale is one of the top IP litigation firms out there. They are trial ready and able to handle a 'bet the company' IP case” and that “WilmerHale has fantastic lawyers who work very hard to win cases and to support their in-house clients.”

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

Co-Chair, Intellectual Property Litigation Practice Group

+1 650 858 6031 (t)

mark.selwyn@wilmerhale.com

Steinberg, Donald R.

Donald R. Steinberg

Chair, Intellectual Property Department

+1 617 526 6453 (t)

don.steinberg@wilmerhale.com

Bassett, David B.

David B. Bassett

Partner

+1 212 230 8858 (t)

david.bassett@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

Ferrera, Vinita

Vinita Ferrera

Partner

+1 617 526 6208 (t)

vinita.ferrera@wilmerhale.com

Flanagan, Mark D.

Mark D. Flanagan

Partner

+1 650 858 6047 (t)

mark.flanagan@wilmerhale.com

Galvin, Robert M.

Robert M. Galvin

Partner

+1 650 858 6017 (t)

robert.galvin@wilmerhale.com

Experience

Our experience includes:

  • earning a significant victory for Universal Wilde, Inc. when the Federal Circuit delivered a precedential opinion affirming the dismissal of a patent-infringement lawsuit brought by Secured Mail Solutions LLC, a patent-assertion entity, on the ground that all 234 claims of the seven asserted patents are invalid as directed to ineligible subject matter under 35 U.S.C. § 101.
  • securing an important trial victory on behalf of Intel in a patent infringement suit in which the plaintiff sought $2 billion in damages from Intel for alleged infringement of a patent relating to microprocessor circuits. Shortly prior to trial, the District of Delaware granted Intel's motion to exclude the testimony of plaintiff's primary damages expert. After a six-day trial, the jury found no infringement on all eight asserted claims.
  • securing a significant 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 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. 
  • securing 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).
  • 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.
  • 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).
  • securing 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 (the Court held that private parties such as POM may bring Lanham Act claims challenging as misleading their competitors' food and beverage labels regardless of whether those labels are regulated by or in compliance with the Food, Drug, and Cosmetic Act).
  • representing 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.
  • representing Intel Corporation at the Federal Circuit, which vacated an award of damages by a federal jury in the Eastern District of Texas as well as the district court's ongoing royalty based on that damages award. 
  • representing GlaxoSmithKline in ANDA litigation filed in the District of Delaware in a case in which the court ruled that the patent at issue—covering the active ingredient in Avodart® and Jalyn™ products—was not invalid, and held that the defendants had not proven by clear and convincing evidence that the asserted claims were invalid for lack of written description, lack of enablement, anticipation or lack of utility.

Recognition

  • The American Lawyer - Named WilmerHale its 2014 IP Litigation Department of the Year and a finalist for its  2016 IP Litigation Department of Year. The firm has been named a winner twice and a finalist six times since the first year the title of IP Litigation Department of the Year was awarded in 2004. 
  • Best Lawyers in America - Recognized nearly 100 WilmerHale lawyers, naming nine "Lawyer of the Year," including Bill Lee who was named Boston Litigation: Patent "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 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. WilmerHale was named as an "IP Litigation Standout"—among the top 5% of all firms—in the 2018 and 2017 editions of the BTI Litigation Outlook.
  • 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 2012-2017 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 in band one in Massachusetts for the past 14 years (2003-2017). Chambers USA 2011-2017 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 (2012-2017), Colorado (2016-2017), DC (2012-2017) and New York (2012-2017) intellectual property practices. In 2013-2017, we were recognized in International Trade: Intellectual Property (Section 337).
  • 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.
  • 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.
  • 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 and Natalie Hanlon Leh was named the Colorado Outstanding IP Litigator 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 2017, and recognized 17 of our partners as IP Stars.
  • PLC Cross-border Life Sciences Handbook - WilmerHale is listed in the 2011/2012 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.
  • 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 Europe, Middle East and Africa - Recognized the firm in 10 various practice areas, including intellectual property in 2012.
  • The Legal 500 United States - Named WilmerHale the nation's best law firm for patent litigation at their inaugural 2014 awards program.
  • The Legal 500 United States - Ranked WilmerHale's intellectual property practice in the " Top Tier" in the 2011-2017 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 2013-2017 “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; 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.”

Publications & News

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December 5, 2017

Can Juries Decide Patent Eligibility Under 35 U.S.C. § 101?

An article by Partner Greg Lantier and former Senior Associate Richard Crudo, published by the Federal Circuit Bar Journal, Vol. 27, No. 1.

December 4, 2017

EU Commission Publishes Major IP Package: Guidance Given on the EU Approach to SEPs and on the EU IP Enforcement Directive

Last week, the EU Commission published a number of important documents on IP. The documents include (i) a communication paper “Setting out the EU approach to Standard Essential Patents,” and (ii) a communication paper giving “Guidance on certain aspects of Directive 2004/48/EC of the European Parliament and of the Council on the enforcement of intellectual property rights.”

November 20, 2017

Jumping Into the Deep End: Amendment Practice Post-Aqua Products

In this article published by Bloomberg Law's Patent, Trademark & Copyright Journal, authors David Cavanaugh and Michael Smith provide context for issues discussed in the Aqua Products decision, identify potential implications for practitioners, and provide perspectives on next steps for the PTO on motion to amend practice.

November 20, 2017

Patent Law and the Supreme Court: Patent Certiorari Petitions Denied in 2017

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.

November 20, 2017

Patent Law and the Supreme Court: Patent 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.

November 20, 2017

Patent Law and the Supreme Court: Patent 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.

November 17, 2017

Remands From the Federal Circuit Back to the Patent Trial and Appeal Board: Are They a “Redo” or Something More Limited?

The Court of Appeals for the Federal Circuit, the reviewing court for the decisions issued by the Patent Trial and Appeal Board, has handled over 1,000 appeals from the Board on patent trials authorized by the America Invents Act.

November 9, 2017

Real Parties-in-Interest Discovery in Post-Grant Proceedings

In this article published by Bloomberg Law's Patent, Trademark & Copyright Journal, authors Richard O'Neill and Arthur Shum review the PTAB body of law to date on obtaining real party-in-interest discovery in America Invents Act post-grant proceedings.

November 7, 2017

LMG Life Sciences 2017 Honors WilmerHale With Top Rankings

LMG Life Sciences has recognized WilmerHale among the nation's leading life sciences law firms in its 2017 rankings, citing the firm's Life Sciences Practice as “renowned for its range and multidisciplinary teams that counsel clients in technology, pharmaceutical and medical device companies as well as investment banks and venture capitalists.”

November 6, 2017

Increasing Role of Objective Indicia of Nonobviousness in AIA Proceedings

In this article published by Bloomberg Law's Patent, Trademark & Copyright Journal, authors Keith Slenkovich and Kevin Yurkerwich direct practitioners to carefully develop objective indicia evidence, and responses challenging the sufficiency of such evidence.

Current Developments

Patent Certiorari 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)