Intellectual Property Litigation LITIGATION/CONTROVERSY

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

Anderson, Thomas E.

Thomas E. Anderson

Partner

+1 202 663 6227 (t)

tom.anderson@wilmerhale.com

Bassett, David B.

David B. Bassett

Partner

+1 212 230 8858 (t)

david.bassett@wilmerhale.com

Carome, Patrick J.

Patrick J. Carome

Partner

+1 202 663 6610 (t)

patrick.carome@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

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).
  • 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.
  • Juristat - Ranked WilmerHale in its list of the Top 10 Firms for Cybersecurity Patents—a list of patent departments with the highest allowance rates for cybersecurity patents—in 2016.
  • Lake Whillians - Named WilmerHale among the top three Best Life Sciences Law Firms and Top 10 Deal Firms for 2016 in its inaugural Life Science Index, and also named WilmerHale among the top two patent firms and among the top 10 law firms nationally for life sciences thought leadership.
  • 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 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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April 14, 2017

Partner Bill Lee Elected to American Academy of Arts and Sciences’ 2017 Member Class

On April 12, the American Academy of Arts and Sciences elected Partner Bill Lee to its 2017 class of members. He joins many of the world's most accomplished scientists, academics, journalists, civic leaders, artists and entertainers in receiving this honor.

April 11, 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.

April 11, 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.

April 11, 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.

April 10, 2017

The Cambridge Handbook of Antitrust, Intellectual Property, and High Tech

WilmerHale Partners Leon Greenfield and Mark Ford authored the chapter "Walker Process and Sham Litigation" in The Cambridge Handbook of Antitrust, Intellectual Property, and High Tech. In the chapter, the authors discuss the history and development of the Walker Process and sham litigation doctrines, some of the key unresolved issues that courts struggle with today, and scholarship relating to these doctrines.

April 7, 2017

A Hitchhiker’s Guide to Antitrust and Intellectual Property Guidelines

In this article, published in the American Bar Association's Antitrust, Vol. 31, No. 2, Spring 2017 edition, authors Hartmut Schneider, Sarah Licht, and Nicole Callan discuss common principals between Antitrust and IP, "Secondary Guidance" and practice developments.

April 3, 2017

Practice Tips for Patentees Asserting Method-of-Treatment Claims Involving Divided Infringement

In this article published by BNA's Patent, Trademark and Copyright Journal, Kevin Prussia, Jamie Wisz and Steven Horn detail tips for patentees asserting method-of-treatment claims involving divided infringement.

March 31, 2017

Technical and Scientific Experience

Our ability to provide superior legal representation to technology companies is greatly enhanced by the academic and industry experience of our lawyers in a wide variety of technical and scientific fields.    

March 27, 2017

Managing IP Recognizes WilmerHale as the Patent Contentious Firm of the Year

Both in the United States and in the Northeast region, the firm was again named as the 2017 Patent Contentious Firm of the Year—and Bill Lee was named as the Massachusetts Outstanding IP Litigator at the annual Managing IP North American Awards.

March 24, 2017

WilmerHale Lawyers Selected for Inclusion in The Legal 500 US Hall of Fame

Charlene Barshefsky, Reed Freeman, Robert Finkel, Robert Novick, Seth Waxman and William Lee are the six WilmerHale partners who have been selected for inclusion in the inaugural Legal 500 US Hall of Fame.

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)