Patent and Trademark Prosecution and Litigation HEALTHCARE AND PHARMACEUTICALS

WilmerHale’s patent prosecution and litigation practice brings together the industry experience, scientific knowledge and courtroom know-how of more than 200 lawyers, including more than 120 lawyers and technology specialists with scientific or technical degrees.

Our practice has been widely recognized as one of the top in the country. Most recently, WilmerHale was one of 20 elite law firms named to The National Law Journal's inaugural Intellectual Property Hot List where the firm was noted as having "stood out from the crowd by scoring two major patent wins at the Supreme Court." In other recognition, Managing Intellectual Property selected WilmerHale as its “Patent Contentious Firm of the Year” for 2012 and 2011 and Law360 selected us as its “IP Group of the Year” for 2011. The American Lawyer named our Intellectual Property practice the “Intellectual Property Litigation Department of the Year” for 2014 and 2008, and a finalist for this award in 2004, 2006, and 2012. U.S. News and World Report gave us a “National Tier 1” ranking. Chambers similarly describes WilmerHale’s patent prosecutors as “an absolutely outstanding team” and its patent litigation practice as having earned “a stellar reputation for its performance in headline-grabbing patent litigation cases.”

In 2014 alone, our patent prosecution team filed nearly 2,000 US and foreign patent applications and more than 3,300 trademark applications, including many for universities and life sciences companies. We also have substantial experience in patent interference and reexamination proceedings, opinions, counseling, due diligence and audits.

WilmerHale’s patent prosecution and litigation practice brings together the industry experience, scientific knowledge and courtroom know-how of more than 200 lawyers, including more than 120 lawyers and technology specialists with scientific or technical degrees.

Our practice has been widely recognized as one of the top in the country. Most recently, WilmerHale was one of 20 elite law firms named to The National Law Journal's inaugural Intellectual Property Hot List where the firm was noted as having "stood out from the crowd by scoring two major patent wins at the Supreme Court." In other recognition, Managing Intellectual Property selected WilmerHale as its “Patent Contentious Firm of the Year” for 2012 and 2011 and Law360 selected us as its “IP Group of the Year” for 2011. The American Lawyer named our Intellectual Property practice the “Intellectual Property Litigation Department of the Year” for 2014 and 2008, and a finalist for this award in 2004, 2006, and 2012. U.S. News and World Report gave us a “National Tier 1” ranking. Chambers similarly describes WilmerHale’s patent prosecutors as “an absolutely outstanding team” and its patent litigation practice as having earned “a stellar reputation for its performance in headline-grabbing patent litigation cases.”

Read More

Experience

WilmerHale litigators have deep experience in the Federal Circuit, in federal district courts from coast to coast, and in the US International Trade Commission. Some recent cases of note include:

  • Stanford University v. Roche Molecular Systems (S. Ct. 2011): On behalf of Roche, we argued and won this closely-watched case regarding the effect of the Bayh-Dole Act on patent rights to inventions developed using federal funds. This was the first patent case in which the Supreme Court affirmed the Federal Circuit notwithstanding the Solicitor General’s urging reversal.
  • Altana Pharma AG et al. v. Teva Pharmaceuticals USA, Inc. (D.N.J. 2010): We obtained a favorable jury verdict for our clients Nycomed GmbH and Wyeth (now part of Pfizer) in a patent infringement case involving the acid reflux drug PROTONIX®, which brought in billions of dollars in revenue per year before the launch of the infringing generic drugs. Teva and Sun stipulated that they infringed, and the jury found that the patent was valid, rejecting three separate validity attacks. WilmerHale continues to represent Nycomed GmbH and Wyeth in the damages phase of the case.
  • Centocor v. Abbott (Fed. Cir. 2011): In another widely covered case, we obtained a favorable ruling from the Federal Circuit, overturning a $1.67 billion patent-infringement verdict against Abbott Laboratories on the ground that the allegedly infringed patents were invalid for lack of sufficient written description.
  • Medtronic: We have represented Medtronic in its appeals of adverse judgments in three cases (DePuy, Spine Solutions and Brainlab), obtaining rulings reversing the district court’s judgments against Medtronic, including awards of sanctions in DePuy and Brainlab. We also represented Medtronic at the trial level in Globus Medical, where we obtained a ruling, affirmed on appeal, that Globus Medical had infringed two Medtronic patents.

Publications & News

View

September 21, 2016

WilmerHale Makes BTI’s IP Litigation Standout List, Fearsome Foursome Honor Roll

The rankings place WilmerHale among the top 20 IP Litigation firms in the industry.