Intellectual Property

Market-leading companies and emerging innovators alike turn to Arnold & Porter to protect and enforce their most important assets—domestic and international IP rights spanning patents, trademarks, copyrights, rights of publicity, trade secrets, and related content. Our well-recognized and respected Intellectual Property team litigates and counsels on all aspects of IP for clients in key, economically vibrant industries where cutting-edge IP protection and brand integrity are critical, including technology, life sciences, medical device, consumer goods, food and beverage, fashion and luxury, and media. Our record across jurisdictions has earned us the reputation as a go-to firm handling complex, high-stakes cases, where the right to make or sell core products may be at risk.

Expansive Presence: 70+ patent litigators with a strong record of success in significant patent jurisdictions throughout the US—including California, Texas, Delaware, New York, the PTAB, ITC, and Federal Circuit—and before the English Patent Courts.

Relevant Degrees: More than half of our patent team members hold degrees in engineering and scientific disciplines, including biology, biochemistry, all engineering fields, computer science, and physics.

Active Before the PTAB: Our lawyers have filed or defended more than 115 IPRs, PGRs and CBMs, blending technical knowledge with advocacy skills to offer unsurpassed representation, separately or in parallel with district court proceedings.

Highly Ranked Patent Prosecution Practice: Our prosecution practice is praised by clients for obtaining patent protection for their most significant innovations, including worldwide coordination of their patent portfolios.

The Name for Household Names: Our trademark practice serves a variety of industries where branding and cutting-edge IP protection are critical, including the consumer goods, food and beverage, fashion and luxury, and life sciences sectors.

Experience Highlights

  • Sanofi and Regeneron in successfully invalidating Amgen's patents and preserving Sanofi and Regeneron's ability to continue to market its life-saving, cholesterol-reducing drug Praluent. The case involved important issues relating to antibody patents and its outcome is likely to have an impact on companies developing therapeutic antibodies.
  • Boston Scientific in obtaining a $35 million jury verdict in a patent litigation matter involving transcatheter aortic valves while obtaining a complete defense verdict on patent counterclaims; followed by a $180 million global settlement agreement.
  • Samsung in a litigation against a university claiming infringement of multiple patents relating to the interface between humans and devices, where the university asserted theft of the inventions (in addition to infringement) and sought hundreds of millions of dollars in damages. On the eve of trial, we prevailed on a novel issue of law and then prevailed in having the patent claims adjudicated as unpatentable.
  • Adobe in multiple IP cases, including patent, copyright and trade secret matters across several jurisdictions. We have successfully defended Adobe in numerous patent matters across e-commerce platforms and systems, electronic signatures, real-time animation and other technologies. We also represent Adobe in the protection of its IP rights against infringers.
  • Pfizer in numerous trademark litigations and disputes, TTAB matters, and other matters involving infringement of the Viagra mark and blue diamond tablet trade dress, as well as other marks, including Xanax, Celebrex, Advil and the Advil trade dress, and Centrum and the Centrum trade dress.
  • Hologic Inc. and Grifols in securing a complete jury verdict while defending against a $90-million patent claim brought by medical diagnostics company bioMerieux involving HIV-1 detection technology.
  • The Hershey Company as trademark counsel, enforcing the company's many valuable trademarks in litigation, TTAB proceedings and cease-and-desist letter practice, as well as trademark protection matters at the USPTO.
  • Hologic Inc. in securing a complete win and recommended limited exclusion order before an ALJ in an ITC investigation of a four-patent infringement complaint involving mammography imaging technology, which led to a favorable settlement.
  • Boston Scientific in securing a jury verdict defeating license breach and infringement claims for $200 million in a medical device dispute.
  • Major League Baseball in litigation before the Copyright Royalty Board and the DC Circuit Court of Appeals concerning the allocation of billions of dollars in copyright royalties, as well as in rulemaking proceedings before the Copyright Office concerning compulsory licenses for cable systems and satellite carriers.
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