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 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.

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:

  • 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; and 
  • 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: Changes, Trends and Opportunities in IP & IP Litigation report.
  • 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, 2013, 2014 and 2015 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 13 years (2003-2016). Chambers USA 2011-2016 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 (2012-2016), Colorado (2016), DC (2012-2016) and New York (2012-2016) intellectual property practices. In 2013-2016, we were recognized in International Trade: Intellectual Property (Section 337). Lisa Pirozzolo, Mark Selwyn, Michael Bevilacqua, Peter Dichiara, Robert Gunther, Natalie Hanlon Leh and Wayne Stoner for their intellectual property litigation practices. Bill Lee is also recognized as a "star individual" and is described as "one of the pillars of IP here in Boston."
  • 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 Whillians - Named among the top three Best Life Sciences Law Firms for 2016 in the inaugural Life Science Index, and selected as the top firm in the patent category.
  • 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) - Managing IP (MIP) – 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 2015, and recognized 18 of our partners as IP Stars.
  • National Law Journal - Featured among the top 20 of the "Top 100 Verdict in 2014" list, WilmerHale is credited as serving as legal counsel to Apple in Apple Inc. v. Samsung Electronics Co., Ltd., N.D. Calif., 5:12-cv-00630-LHK.
  • 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 BTI Consulting Group Inc. - Named WilmerHale among the 2014 "IP Litigation Standouts" in their BTI Litigation Outlook Report.
  • 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 2011-2016 editions.
  • The National Law Journal - WilmerHale was 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. 
  • 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.

Publications & News

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November 30, 2016

The UK Decides to Ratify the UPC Agreement: The UPC and Unitary Patent to Proceed in 2017

Despite the Brexit vote, the UK has decided to ratify the UPC Agreement, and the UPC will now proceed in 2017. The opt-out sunrise period will likely commence in spring or summer 2017.

November 17, 2016

Patent Law and the Supreme Court: Patent Certiorari Petitions Denied in 2016

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 17, 2016

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 17, 2016

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, 2016

Rachel Weiner Cohen Participates in 2016 Federal Circuit Bar Association's Global Fellows Series

The series brings together a small group of future leaders in the global legal community for an intensive learning program taught by leading judges and practitioners from both the United States and Germany.

November 16, 2016

How Energy Firms Can Use The Defend Trade Secrets Act

An article by Benjamin Fernandez, Natalie Hanlon Leh and Kirsten Donaldson, published by Law360, discusses how energy firms can use the federal Defend Trade Secrets Act to help them safeguard against misappropriation of their proprietary information.

November 10, 2016

Energy Sector Alert Series: Energy Companies With Trade Secrets—Welcome to the DTSA

Whether it's hydraulic fracturing fluid ingredients, customer lists, geologic and seismic data, or employee know-how, energy companies routinely face trade secret issues. With the enactment of the federal Defend Trade Secrets Act in 2016, energy companies have an additional tool to help them safeguard against misappropriation of their proprietary information.

November 9, 2016

Fed Circuit Reverses Finding in Favor of Amdocs, Weighs in on Patent Claim Eligibility

WilmerHale achieved a significant victory for Amdocs (Israel) Limited, when the Federal Circuit reversed the US District Court for the Eastern District of Virginia's determination that all asserted claims of four Amdocs patents were directed to patent-ineligible subject matter under 35 U.S.C. § 101.

November 4, 2016

WilmerHale Lawyers, Practice Recognized for Outstanding Work and Reputation by Chambers UK 2017

Chambers UK: A Client's Guide to the UK Legal Profession 2017 ranked five WilmerHale lawyers and one practice for outstanding work and reputation.

November 1, 2016

WilmerHale Reps Kaprica Security in Acquisition by Samsung

WilmerHale Partner Tom Anderson served as Kaprica's intellectual property counsel on the transaction, which was recently reported on by The Deal.

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)