We are an IP Litigation powerhouse for technology, life sciences and health technology in patents, trade secrets and commercial litigation with unparalleled trial success at all levels at each forum and venue. Our approach integrates our practices to provide businesses with comprehensive intellectual property protections. Our litigation expertise and experience also gives us an edge in advising our clients on the likely outcomes of litigation, including in the context of corporate acquisitions and portfolio management. Our approach, which supports “small firm” key partner attention with the “large firm” resources ensures our clients receive effective and efficient representation at every stage of the case. We are committed to helping clients structure the most comprehensive and workable enforcement and defense for all aspects of their intellectual property.
Bench and Jury Trials at the U.S. District Courts
We have litigated and counseled on patent and trade secrets issues across a wide range of industries, including software, hardware, electronics, chemical processes, telecommunications, consumer goods, manufacturing, sales, financial services, and pharmaceuticals.
We are also experts in §101 invalidity challenges with a near-perfect record in district court and the Federal Circuit, pursuing and obtaining attorneys’ fees, and obtaining wins in Federal Circuit appeals.
We are experts in the nuances of life sciences patent litigation, including Hatch-Waxman Act and biosimilars patent litigation under the Biologics Price Competition and Innovation Act, and the intersecting FDA regulatory regime in which these cases operate.
We have handled over 400 post-grant proceedings before the U.S. Patent Trial and Appeal Board, on behalf of both petitioners and patent owners across a wide range of industries.
Our attorneys have been hailed as ones who can be “trust[ed] . . . with crown jewels, and have been described as “PTAB mastermind[s],” “PTAB trial guru[s],” knowing the PTAB “like the back of [their] hands,” and “understand[ing] all the rules and subtleties of IPR proceedings better than anyone I’ve ever worked with.”
Our attorneys worked on the first ever PTAB proceeding on the technology side and also led the first ever successful defense of a pharmaceutical patent.
ITC Section 337 Investigations
We represent both complainants and respondents, and have been at the forefront of recent cutting-edge decisions at the ITC.
We have served as counsel in more than 60 Section 337 Investigations, and have appeared before each of the Presiding Administrative Law Judges (ALJs), including multiple successes before Customs in ensuring our clients’ products are not excluded from the United States.
We represent clients in all aspects of litigation related to arbitration, including bringing and defending motions to compel arbitration, obtaining and opposing interim and protective measures in aid of arbitration, seeking and opposing recognition of arbitral awards, seeking and opposing the annulment of arbitral awards, and disputes over the taking of evidence in the US in aid of international arbitrations and foreign litigation.
We regularly draft, advise, and teach courses on the drafting and interpretation of arbitration and forum-selection agreements in circumstances ranging from simple two-party deals to complex commercial transactions involving multiple parties, jurisdictions, and applicable laws. We recognize that each matter is unique and strive to meet our client’s objectives in the most cost-effective manner.
Supreme Court and Appellate Review
We have top-notch appellate capabilities and can handle an IP litigation matter from start to finish.
Our lawyers are skilled in the art of written and oral advocacy, as well as in simplifying technical arguments for generalist Federal Circuit judges.
We devote our practice to the craft of conceiving and presenting argument on complex, law-intensive issues, bringing to bear our many years of experience in areas of law that cut across traditional legal disciplines, such as constitutional interpretation, damages, procedure, and jurisdiction.
Consistently ranked among the top intellectual property firms in the nation and worldwide, Knobbe Martens has close to 275 lawyers and scientists nationwide and dedicates its practice to all aspects of intellectual property and technology law, including litigation. Knobbe Martens serves a diverse group of clients from multinational corporations to emerging businesses of all stages. The firm is headquartered in Orange County, California, with offices in Los Angeles, New York, San Diego, San Francisco, Seattle and Washington, D.C., and enjoys an international reputation for excellence.
Barnes & Thornburg’s Intellectual Property Department is among the largest in the country, with nearly 120 IP attorneys and professionals. We have more than 75 registered patent attorneys and agents all with technical degrees, including several Ph.Ds. Our practice covers a broad spectrum of services, including strategic IP portfolio services, prosecuting and litigating patents, trademarks and copyrights, enforcement of patents and trademarks and defense of IP enforcement actions. From coast to coast, we counsel clients from a variety of industries, such as medical device, plastics and packaging, internet and computer technology, food and beverage, pharmaceutical, automotive and aviation. With decades of experience, we understand that the many types of IP assets drive core business strategy and brand development. Our cost-conscious solutions help clients derive as much value from their intellectual resources as from their human resources.
Sideman & Bancroft is one of the premier brand protection law firms in the United States. Our team includes highly experienced lawyers and former federal prosecutors, and global security and brand protection experts with extensive backgrounds leading anti-counterfeiting, anti-piracy and customs interdiction and investigation programs in both private companies and law enforcement agencies. We provide customized and scalable brand protection solutions designed to enable clients to achieve their goals for trademark protection and worldwide branding in all stages of a brand’s life cycle.
The value of trademarks, service marks and trade dress is greater than ever before. We routinely prosecute and defend infringement, dilution, unfair competition and false advertising claims involving both registered and unregistered trademarks and service marks, in addition to pursuing a wide variety of trade dress claims. Protection of a global brand means understanding risks and concerns regarding enforcement issues in the U.S. as well as in foreign jurisdictions. We obtain ex parte writs of seizure for counterfeit parts and labels in the U.S. and other countries. In collaboration with local counsel, we pursue and defend trademark and service mark claims in jurisdictions around the world.
The firm achieves tremendous results for clients by combining the traditional intellectual property and brand protection practices of counseling, prosecution and enforcement with specialty components such as:
Criminal intellectual property enforcement
Criminal and civil gray market investigations and enforcement
Global investigation management
Online anti-counterfeit monitoring
Global customs advice and program development
In particular, the team assists clients in implementing brand protection strategies to halt the importation of counterfeit goods and prevent the sale of counterfeit products. As part of this effort, we help companies target and investigate counterfeit traffickers, and then assemble and analyze evidence to support successful criminal investigations and prosecutions as well as civil litigation resulting in asset freezes and other remedies.
Since 2001, our team has actively worked with the Federal Bureau of Investigation, Homeland Security Investigations, Secret Service and other state and federal law enforcement agencies throughout the U.S. in its representation of victim companies, resulting in dozens of criminal convictions, jail sentences and restitution orders. Relying on our team’s international law enforcement experience, we also actively coordinate investigations and law enforcement referrals in jurisdictions all over the world.