Patent Litigation

Our Patent Litigation team is known for handling complex, high-stakes cases, where the right to make or sell core products may be at risk. These cases often involve multiple patents and may include counterclaims and non-patent issues such as contract, tort, antitrust, and trade secret claims. We have extensive experience litigating in numerous fields, including pharmaceuticals, biotech, chemicals, medical devices, casual and athletic footwear, apparel and accessories, consumer electronics, wireless technologies, telecommunications, IT, computers, fiber optic and communications equipment, the Internet and cloud-based applications, semiconductors, software, and business method patents. Our patent litigators are also well-versed on the America Invents Act and contested proceedings before the Patent and Trademark Office, including inter partes and post-grant reviews. We increasingly involve parallel Patent Office proceedings with district court litigation as part of the overall defense strategy.

Expansive Presence: 70+ patent litigators with a strong record of success in significant patent jurisdictions throughout the U.S.—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.

Robust Trial Record: Our patent litigators have proven trial and appellate experience, as well as technological knowledge to enforce and defend our clients’ patent rights, particularly in the life sciences and technology industries.

Impactful Patent Cases.
Two of our recent victories were among a handful of cases highlighted by Law360 in their mid-year round-up of “Biggest Patent Rulings Of 2021.”
“Arnold & Porter has built up a reputation for providing bulletproof representation in the courtroom…”
IAM Patent 1000

Experience Highlights

    • Hologic as lead trial, appellate, and Supreme Court counsel in patent litigation, securing complete plaintiff and counter-claim defense jury verdict for Hologic, affirmance on appeal, and US Supreme Court upholding of assignor estoppel doctrine. The SCOTUS decision has important implications for patent assignments, employee mobility, and due diligence of corporate transactions.
    • 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. Amgen then sought Federal Circuit en banc review, which was denied, and has petitioned for a writ of certiorari from the US Supreme Court. The case involved important issues relating to antibody patents and its outcome is likely to have an impact on companies developing therapeutic antibodies.
    • 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.
    • 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.
    • 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.
    • Nike in numerous IP cases, including patent (utility and design), trademark, trade dress, and trade secret matters in courts and before administrative agencies across several jurisdictions. Successful in both enforcing Nike’s IP rights against infringers and defending Nike against infringement claims across all IP subject matters.
    • 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.
    • Crocs in upholding the validity of one of its design patents before the Federal Circuit, ending a long-standing challenge by a maker of knock-off foam footwear.
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