Intellectual Property Litigation

Intellectual Property Litigation

Clients trust us to protect their most important intellectual property matters.

Key Contacts

Meet Our Team

Areas of Focus

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Experience

  • Earned a significant victory for Universal Wilde when the Federal Circuit delivered a precedential opinion affirming the dismissal of a patent-infringement lawsuit brought by Secured Mail Solutions, a patent-assertion entity.
  • On behalf of Intel, secured an important victory in a patent infringement suit in the District of Delaware, in which the plaintiff sought $2 billion in damages for alleged infringement of a patent relating to microprocessor circuits.
  • Secured a major victory for Google in the Second Circuit in a copyright dispute with the Authors Guild over Google Books.
  • Secured a victory at the Federal Circuit for Braintree Laboratories, Inc. when the 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. 
  • Achieved a victory for Akamai Technologies when the Delaware Supreme Court affirmed the dismissal of a lawsuit brought by Limelight Networks, Inc., a competitor, asserting breach of a settlement agreement between the parties.
  • On behalf of a semiconductor company, prevailed in a trademark infringement action in the Northern District of California. The defendant agreed to drop its EU, US and Canadian trademark applications, to never re-file similar trademark applications in any jurisdiction, and to pay damages to our client.
  • For Takeda subsidiary Millennium Pharmaceuticals, secured a Federal Circuit reversal of a district court finding of patent invalidity and remanded the case with instructions to enter judgment in favor of Takeda. This Hatch-Waxman matter involved a patent owned by the United States government and exclusively licensed to Takeda covering the latter’s blockbuster oncology drug Velcade. 
  • Secured 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.
  • For Ford Motor Company, achieved a major victory when the federal jury in the Western District of Washington returned a verdict finding that Ford had not infringed any of the four asserted patents, and finding that the plaintiffs, Eagle Harbor Holdings and MediusTech LLC, and their CEO had misappropriated Ford’s trade secrets. The jury also found two of the five asserted claims to be invalid. The plaintiffs had originally sought over $750 million in damages accusing Ford's Active Park Assist and SYNC systems of infringing their patents related to collision avoidance and infotainment technology. The case was Ford’s largest patent litigation in its history. 
  • Secured 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.
  • Represented 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.
  • For a biopharmaceutical company, a client that initially sought our help for general ANDA diligence counseling, we won with co-counsel an unexpected IPR and, in doing so, secured an additional 15 years of exclusivity for their product beyond the expiration of the compound patent.

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 report. WilmerHale was named as an “IP Litigation Standout”—among the top 5% of all firms—in the 2018 and 2017 editions of the BTI Litigation Outlook.
  • 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.
  • 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.
  • 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.
  • New York Law Journal – Recognized WilmerHale as the Intellectual Property Litigation Department of the Year for 2018.
  • 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, and 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. In 2017, a client told U.S. News & World Report and Best Lawyers®: “I have worked with a team from WilmerHale for the last year and a half on a significant patent litigation matter. At all levels of seniority, the WilmerHale lawyers I’ve worked with have demonstrated expertise, excellen

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