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 IP Litigation Department of the Year by The American Lawyer in 2014, 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

Burling, James C.

James C. Burling

Partner

+1 617 526 6416 (t)

james.burling@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

Experience

Recent achievements include:

CEPHALON, INC. V. WATSON PHARM., INC.
In February 2013, the Federal Circuit issued a favorable decision on behalf of our client Cephalon, reversing a district court decision invalidating two patents covering the company's cancer pain medication Fentora. In particular, the Federal Circuit found that the defendant, generic drug manufacturer Watson Pharmaceuticals (now Actavis), "failed as a matter of law to show with clear and convincing evidence that... Read More

VAILLANCOURT V. BECTON DICKINSON & CO.
In February 2013, WilmerHale obtained a significant victory for Becton, Dickinson and Company (BD) in a patent reexamination when the US Patent and Trademark Office (PTO) denied a request for rehearing of an appeal decision in an Inter Partes Reexamination, which had been decided in a manner favorable to BD. This case is the first time BD had used Inter Partes Reexamination as a strategic IP procedure to assure freedom to operate in their desired syringe market.... Read More

CLASSEN IMMUNOTHERAPIES, INC. V. SOMAXON PHARMACEUTICALS
2:12-cv-06643-GAF-PLA, US District Court, Central District of California
In April 2013, the firm achieved victory when Judge Gary Allen Feess of the Central District of California dismissed Classen Immunotherapies, Inc.'s ("Classen") patent infringement claims against our client Somaxon Pharmaceuticals with prejudice. The two asserted Classen patents purport to claim methods of gathering, analyzing, and commercializing adverse event data.... Read More

CELLECTIS SA V. PRECISION BIOSCIENCES
In May 2013, WilmerHale secured a victory for client Precision BioSciences, Inc., a leader in the field of genome engineering, in a patent infringement lawsuit against Cellectis SA. A jury found that all of the claims of Cellectis' US Pat. No. 7,897,372 (the "'372 patent") that were asserted against Precision are invalid both as obvious and for failure to meet the written description requirement and... Read More

BRAINTREE LABORATORIES, INC. V. NOVEL LABORATORIES, INC.
3:11-cv-01341, US District Court, District of New Jersey
In June 2013, WilmerHale obtained a favorable final judgment in the US District Court for the District of New Jersey for Braintree Laboratories, Inc. (Braintree) in its patent infringement case against Novel Laboratories (Novel). The matter involved SUPREP ®—Braintree's small volume sulfate-based colonoscopy preparation product—and Novel's proposed plan to make a generic version of the drug.... Read More

ALTANA PHARMA AG AND WYETH V. TEVA PHARMACEUTICALS
In June 2013, our client Pfizer (formerly Wyeth) announced a $2.15 billion settlement with Teva Pharmaceuticals Industries and Sun Pharmaceutical Industries, which occurred during the trial of Pfizer's and Nycomed's (formerly Altana Pharma AG, and now part of Takeda) claims for patent-infringement damages... Read More

MICROLINC V. INTEL
In July 2013, WilmerHale obtained a zero-dollar walk away settlement on behalf of our client Intel in a patent infringement suit brought by Microlinc, a patent troll, in the Eastern District of Texas. After eight years of litigation, four patent reexaminations, four judges, two lawsuits, and one decisive Markman order, we obtained a statement in the stipulation of dismissal that Microlinc was unable to assert any infringement based on the Court’s claim construction.

ST. CLAIR INTELLECTUAL PROP. CONSULTANTS, INC. V. MATSUSHITA ELECTRIC INDUS. CO.
In July 2013, we obtained a significant victory for Research In Motion (now known as BlackBerry) against non-practicing entity St. Clair Intellectual Property Consultants, Inc. when the Federal Circuit summarily affirmed the district court's summary judgment of non-infringement in RIM's favor. The decision from the Court of Appeals brought to an end a decade-long litigation campaign by St. Clair in which it had won over $100 million in jury verdicts and settlements.

PERMOBIL, INC. V. PRIDE MOBILITY PRODUCTS CORP.
WilmerHale recently achieved a significant victory for client Permobil, Inc. in defense of claims of patent infringement asserted by Pride Mobility Products Corp. in the US District Court for the Eastern District of Pennsylvania. In April 2013, Pride filed suit against Permobil alleging infringement of certain claims of Pride's US Patent No. 8,408,343 (the "'343 patent") and... Read More

@HOME BONDHOLDERS' LIQUIDATING TRUST V. VERIZON COMMUNICATIONS
We achieved a complete victory for our client, Verizon, as the direct result of an extremely favorable claim construction in a large, multi-defendant patent litigation in the Southern District of New York. The plaintiff in the litigation was Richard Williamson, in his capacity as Trustee for the @Home Bondholders' Liquidating Trust. One of the key assets of the bankrupt company was a series of patents directed to the high-speed delivery of media content over existing cable TV systems... Read More

W.L. GORE & ASSOCIATES, INC. V. ATRIUM MEDICAL
On April 2012, W.L. Gore & Associates, Inc. filed suit against our client Atrium Medical Corporation in the US District Court for the District of Arizona, asserting three patents related to stents covered with expanded polytetrafluoroethylene (ePTFE). During its previous litigation against Medtronic, Gore's counsel successfully persuaded the district court to adopt several claim constructions that were favorable for Atrium.... Read More

KODAK V. ALTEK CORPORATION
In October 2013, a jury in SDNY returned a verdict in favor of our client Kodak, resulting in a damages award of $75.8 million. Prior to trial, the Kodak team obtained summary judgment that Ricoh owed royalties on point and shoot cameras. On the eve of trial, Ricoh stipulated to $53 million in damages on point and shoot cameras.... Read More

BROADCOM CORP. V. EMULEX
In October 2013, we achieved a victory for client Broadcom when the Federal Circuit affirmed the district court's issuance of a permanent injunction against Emulex and underlying findings of infringement and validity of Broadcom's '150 patent, which relates to high-speed network communication circuitry.... Read More

 

Read about our 2012 experience.

Recognition

  • American Lawyer – Named WilmerHale its 2014 "IP Litigation Department of the Year." This is the third time that WilmerHale has been named a winner and the fourth time the firm has been named a finalist since the contest's inception in 2002.
  • 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 2013 and 2012 editions of its annual survey, marking the eighth time WilmerHale has placed first 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 12 years (2003-2015). Chambers USA 2011, 2012, 2013, 2014 and 2015 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 2012, 2013, 2014 and 2015 ranked our California, DC and New York intellectual property practices. In 2013, 2014 and 2015, we were recognized in International Trade: Intellectual Property (Section 337).
  • Chambers USA: America's Leading Lawyers for Business – Named WilmerHale's intellectual property practice among the top in Massachusetts in 2013, 2014 and 2015 and recognized Lisa Pirozzolo, Mark Selwyn, David Bassett, Michael Bevilacqua, Peter Dichiara, Robert Gunther 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
  • Law360 – WilmerHale was named among Law360's "Practice Groups of the Year" in 2014, marking the third time the IP group has received the recognition.
  • Managing IP (MIP) – In 2015, 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, and David Cavanaugh, Bill Lee and Seth Waxman received individual recognitions.WilmerHale was selected as the Patent Contentious Firm of the Year in 2011, 2012, 2013 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 2013, and recognized fourteen 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 the2011/2012 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 2015, WilmerHale ranked as the ninth biggest IP law firm in Silicon Valley, a ranking based on the number of attorneys working out of the firm’s Palo Alto office. WilmerHale was the eleventh biggest law firm in Silicon Valley in 2014.
  • 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, 2012 and 2013 editions of its annual guidebook
  • 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, 2014 and 2015 "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 Francisco for IP Litigation; in Boston for Copyright Law, Patent Law, Patent Litigation, IP Litigation and Biotechnology Law; and in New York for Biotechnology Law.

Publications & News

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July 6, 2015

Managing IP Recognizes WilmerHale, Attorneys in 2015 IP Stars Handbook

Managing Intellectual Property has released the third annual edition of its IP Stars Handbook—a guide that identifies the leading IP firms and lawyers in the United States—prominently ranking WilmerHale and 18 of its partners.

July 1, 2015

WilmerHale Named a Leading National Firm in the United States by The Legal 500

The Legal 500 United States has released its annual rankings, selecting WilmerHale as one of the preeminent law firms in the country.

June 19, 2015

Patent Law and the Supreme Court: 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.

June 19, 2015

Patent Law and the Supreme Court: 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.

June 19, 2015

Patent Law and the Supreme Court: Certiorari Petitions Denied

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.

June 16, 2015

Amanda Major Wins Burton Award for Excellence in Legal Writing

Partner Amanda Major has been honored with the Burton Foundation’s 2015 Burton Award for Legal Writing.

June 12, 2015

Braintree Labs Defeats Novel Labs in Ongoing Patent Infringement Case

On June 2, 2015, WilmerHale obtained a significant victory for Braintree Laboratories, Inc. (Braintree) in a patent infringement matter at the US District Court for the District of New Jersey.

June 12, 2015

Tara D. Elliott Recognized in Diversity Journal’s Black Heritage Month Feature

Diversity Journal has recognized Partner Tara D. Elliott in its Black Heritage Month feature, which provides lawyers of color an opportunity to speak out and provide insight, advice and inspiration to minorities.

June 11, 2015

WilmerHale Featured in National Law Journal's IP Hot List for Fourth Consecutive Year

The firm is one of only 15 chosen for this recognition, which was established to honor those firms that have "accomplished great things in the realm of intellectual property law" in the past year.

June 5, 2015

The Future European Patent System: Update on the Latest News

Following our note “The Future European Patent System: Being Prepared,” we report in the attached document on the very latest news on the implementation of the major changes to the European patent system.

Patent Cert. 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)