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 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: Changes, Trends and Opportunities in IP & IP Litigation report. BTI also named WilmerHale among the 2014 "IP Litigation Standouts" in their BTI Litigation Outlook 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 2012-2017 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.
  • 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 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.
  • Lex Machina - According to the 2017 Patent Trial and Appeal Board Report by legal data analytics firm Lex Machina, WilmerHale is one of two full-service law firms that is most experienced in representing petitioners at the PTAB, having filed 65 petitions in 2016 alone.
  • 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.

Publications & News

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June 27, 2017

Partners Justin Watts and Matthew Shade Bolster WilmerHale's IP Litigation Practice in London

Justin Watts, PhD, and Matthew Shade, PhD, have joined the firm as partners in its London office, strengthening WilmerHale's position as a firm of choice for complex patent litigation in the United Kingdom and for clients seeking an effective global strategy for their intellectual property disputes.

June 13, 2017

What Reviving the TTIP Agreement Could Mean for the Future of Geographical Indications

BNA's Patent, Trademark and Copyright Journal published an article written by Kirsten Donaldson and John Hobgood analyzing considerations for trademark and geographical indication owners to take into account should the Trump Administration re-engage in the Transatlantic Trade and Investment Partnership Agreement.

June 9, 2017

The Legal 500 United States 2017 Recognizes 125 WilmerHale Lawyers Across 28 Practice Areas

The Legal 500 United States has released its 2017 rankings, recommending 125 WilmerHale lawyers—including 12 who are named to its elite “Leading Lawyers” list and two on its “Next Generation Lawyers” list—and 28 practice areas in its 11th edition.

June 8, 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.

June 8, 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.

June 8, 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.

June 8, 2017

WilmerHale Partners and Practices Named Among Managing Intellectual Property's 2017 IP Stars

IP Stars identifies lawyers based on their practice and industry experience, and recommendations from their peers and clients.

May 30, 2017

The National Law Journal Names WilmerHale Washington DC Litigation Department of the Year

The National Law Journal has named WilmerHale the 2017 Washington DC Litigation Department of the Year in the General Litigation category.

May 26, 2017

WilmerHale Lawyers and Practices Recognized in 2017 Edition of Chambers USA

Chambers and Partners announced its rankings for the 2017 edition of Chambers USA: America's Leading Lawyers for Business, with WilmerHale listed among the nation's best in 50 practice area categories. Chambers also ranked 86 WilmerHale lawyers as leaders in their respective fields.

May 23, 2017

WilmerHale Earns Win for Unified Patents at PTAB

WilmerHale achieved a significant victory on behalf of Unified Patents Inc. when the Patent Trial and Appeal Board issued its final written decision in Unified Patents Inc. v. American Vehicular Sciences, LLC, holding unpatentable all challenged claims of US Patent [No.] 9,043,093.

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)