Intellectual Property

When our clients’ patent rights are violated or challenged, we mobilize our nationwide team of trial attorneys to advocate for their innovations in court. Over the past decade, we have tried more than 250 cases in federal and state courts, as well as before the ITC, PTAB, and United States Court of Appeals for the Federal Circuit (CAFC).

Clients frequently call on us to assume lead trial counsel roles in high-stakes litigation, especially when the legal or factual circumstances are not in their favor. Our ability to develop creative solutions and compelling arguments has earned us a strong track record in precedent-setting cases.

We defend our clients’ interests in the highly competitive pharmaceutical, biotechnology, and medical device industries, having served as lead trial counsel in hundreds of abbreviated new drug application (ANDA) cases over the past decade.

Advising both branded and generic drug companies, we represent clients in Hatch-Waxman and ANDA litigation, as well as on patent and noticing provisions related to the Biologics Price Competition and Innovation Act (BPCIA).

Our counseling services include pre-litigation strategies and guidance on inter partes review (IPR) petitions to assist in the selection, development, approval, and marketing of pharmaceuticals, technologies, and therapies.

As manufacturers navigate an evolving regulatory landscape, they need legal counsel with deep experience before the FDA to secure market entry and protect marketing exclusivity rights.

We advise clients throughout the entire product life cycle – from development and approval to marketing – across a wide range of FDA-regulated products, including brand and generic drugs, biologics, biosimilars, human tissue and stem cell products, medical devices, food, and dietary supplements. Our team also represents clients in patent licensing and antitrust-related FDA disputes.

Our experienced IP trial attorneys are well versed in the complexities of ITC Section 337 investigations, having appeared in dozens of investigations and received remedial orders for Complainants and findings of No Violation for Respondents.

We have a strong track record representing clients in high-profile cases across industries such as mobile devices, semiconductors, and chemical compounds. Our team combines years of legal and technical expertise to navigate these fast-paced cases, leveraging a deep understanding of ITC procedures.

• UMTS and LTE Cellular Communication Modules and Products Containing Same. Represented Respondent and received a finding of no violation based on noninfringement and invalidity of all four patents involving UMTS/LTE standards asserted against mobile communication modules.
• Casual Footwear and Packaging. Represented Respondent Hobby Lobby against allegations of trade dress infringement at the ITC. The Initial Determination found Hobby Lobby did not infringe and that the trade dress was invalid, resulting in a finding of no violation. The Commission affirmed no violation based on non-infringement.
• Multi-venue Dispute. Represented numerous clients in a combination of ITC investigations, district court litigations, and IPRs, resulting in several victories later affirmed by the Federal Circuit.

Meet the Team  Thought Leadership  Commission Research Resource

Since the United States Patent and Trademark Office (USPTO ) established the PTAB in 2012, we have secured numerous favorable outcomes for our clients. Many of our attorneys are registered to practice before the USPTO and hold advanced technical degrees, enabling us to challenge industry experts and lead IPR, covered business method (CBM) review, and post-grant review (PGR) proceedings.

As petitioner’s counsel, we strategically file IPR petitions to negotiate favorable settlement agreements and secure stays in pending district court litigations. Our success includes advancing petitions to final written decisions that invalidated all patent claims, including those involving over 100 claims.

When trade secret misappropriation disputes arise, our experienced trial team employs aggressive litigation strategies to assert or defend claims in state and federal court, and before the ITC.

In instances of theft, we deliver a rapid, decisive response to mitigate damage, recover losses, and secure emergency remedies like restraining orders and injunctions. On the defense, we proactively challenge broad accusations, focusing on whether the information is truly secret and adequately protected.

Prevention is essential for protecting corporate trade secrets. In advance of disputes, we collaborate with clients to develop and implement safeguards that minimize risk and prevent litigation.