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.
  • 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, 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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August 24, 2016

Daily Journal Honors Robert Galvin and Mark Selwyn as Top IP Lawyers in California

The list recognizes the most impressive attorney achievements in the field of intellectual property from successfully arguing novel theories of law and winning significant cases to protecting client portfolios.

August 1, 2016

Equal Justice Coalition Names Louis Tompros Chair

The Equal Justice Coalition—a collaboration of the Massachusetts Legal Assistance Corporation, Massachusetts Bar Association and Boston Bar Association who work together to protect the state appropriation for civil legal aid—announced that WilmerHale Partner Louis Tompros has been appointed chair.

July 29, 2016

Ways Manufacturers Can Shut Down Unauthorized Resellers

An article by Keith Slenkovich, published by Law360, discusses steps that brand owners should take to protect their companies and products from meaningful harm caused by unauthorized resale activity.

July 20, 2016

The Effect of Brexit on UK Intellectual Property Protection and the Unified Patent Court and Practical Steps to Be Taken Now and in the Future

The UK has voted to leave the European Union. This will not affect the UK's position as one of the most important IP jurisdictions in Europe. However, leaving the European Union will have an impact on substantive IP law in the UK.

July 12, 2016

Binding Claim Construction Rulings Pre-Teva vs. Post-Teva

This article by Omar Khan and Jeffrey Dennhardt, published by Law360, focuses on whether established case law regarding the preclusive effect of a claim construction ruling in a subsequent or co-pending district court case supports the Teva court's assumption that preclusion is a successful means of achieving uniformity.

July 6, 2016

Copyright and Trademark Case Review: In "Vogue," Burning Man, Building Plans and More

WilmerHale compiles lists of precedential and informative opinions that raise copyright and trademark law issues. The following is a consolidated list of those opinions with brief summaries designed to showcase the latest developments in intellectual property law.

July 6, 2016

Trends in Inter Partes Review of Life Sciences Patents

Bloomberg BNA's Patent, Trademark & Copyright Journal published an article written by Monica Grewal, James Hill and Kathryn Zalewski, which provides a statistical analysis of inter partes review proceedings before the Patent Trial and Appeal Board and shows that it is not a ''death squad'' for patents.

June 30, 2016

Pre-Claim Construction 101 Motions: Tips For Both Sides

In this article published by Law360, Evelyn Mak and Christine Capuyan discuss the surge of § 101 motions filed and granted since Alice Corp. Pty. v. CLS Bank Int'l.

June 22, 2016

The Legal 500 United States 2016 Recognizes 111 WilmerHale Lawyers Across 30 Practice Areas

The guide's rankings are based on a series of criteria, including client feedback, interviews with private practice lawyers, and its own research.

June 21, 2016

Copyright Flash Report: Attorneys' Fees and Pre-1972 Safe Harbor

In a unanimous decision, the Supreme Court clarified the Copyright Act's fee-shifting provision of 17 U.S.C. § 505, holding that district courts must give “substantial weight to the objective (un)reasonableness of a losing party's litigating position,” while “taking into account all other relevant factors,” without raising a presumption against granting fees where the losing party's position was reasonable.

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)