Desmarais LLP is a premier intellectual property litigation firm with approximately 75 attorneys across its New York, San Francisco, and Washington, D.C. offices. The firm has successfully tried and won several of the industry’s most high-profile patent cases in recent years, representing some of the world’s largest companies.
The firm works on complex, often technology-focused disputes, handling every step of the litigation process. The breadth of Desmarais LLP’s work spans a wide range of subjects and technologies, and the firm has obtained successful trial results for clients – both plaintiffs and defendants – in dozens of patent infringement cases and other intellectual property areas.
Desmarais LLP handles all patent litigation stages and has significant trial experience in every major forum for technology and life sciences in the United States and elsewhere. The firm has successfully tried cases before judges and juries throughout the U.S., before administrative bodies (including the International Trade Commission and the Patent Trial and Appeal Board), and in front of arbitration panels. Desmarais LLP’s patent infringement successes include winning trials across a host of district courts, preserving both offensive and defensive victories on appeal, obtaining reversals of adverse results, and steering the development of substantive law in clients’ interests in a variety of subject matter areas.
The firm’s patent litigation experience spans numerous industries covering technologies including biotech innovations, chemicals, consumer electronics, medical devices, pharmaceuticals, semiconductors, software, telecommunications, and transportation. The firm’s High-Tech Practice, International Trade Commission Practice, Life Sciences and Medical Device Practice, and Post-Grant Practice also litigate in areas beyond patent disputes, including antitrust, contracts, counterfeiting, fraud, trade dress, trademarks, trade secrets, and unfair competition.
Additionally, the firm’s Pro Bono Practice is committed to serving the community, partnering with organizations such as the SDNY Pro Se Clerk’s Office, the Veterans Consortium, Immigration Equality, and Volunteer Lawyers for the Arts. Each year, Desmarais LLP recognizes attorneys and paralegals who make substantial contributions as part of its Pro Bono Challenge.
Innovative Fee Structures
Desmarais LLP is an industry trailblazer in alternative fee arrangements (AFAs). The firm has abandoned the traditional (and frequently inefficient) billable-hour model in favor of fee arrangements more closely tailored to clients’ interests. This flexible and innovative approach sets it apart from other top-tier firms that litigate similarly large, complex cases.
For clients who prefer predictability, the firm provides flat-fee arrangements negotiated at the outset of the matter, and for those seeking a shared-risk approach, the firm is open to contingent fee arrangements and hybrid structures tailored to the client and the case. Additionally, the firm offers flat-fee billing for expenses. This gives clients clearer budgeting for the duration of the matter (though monthly fees can vary based on the stage of the litigation).
Benefits and Compensation
Desmarais LLP is a leader in benefits and compensation – paying associates salaries that top the New York scale and year-end bonuses for high performers that significantly exceed the market rate. The firm covers 100% of health insurance premiums for all employees and their dependents, meaning attorneys and staff having no monthly costs, except when they receive medical services (e.g., copays). The firm also contributes 4% annually to employees’ 401(k)s – not as a match but as an automatic contribution, even if employees are not paying into their retirement accounts. In addition to short-term disability for birth mothers, Desmarais LLP also provides 12 weeks of paid parental leave for all lawyers and staff, regardless of gender or whether they are adoptive parents.
Desmarais LLP is committed to maintaining a workplace that respects all cultures, backgrounds, beliefs, and identities. The firm believes its attorneys’ and staff’s diverse set of experiences play a valuable role in helping achieve creative and effective solutions when dealing with clients’ most challenging cases. The firm’s Diversity Committee promotes an inclusive work environment and focuses on recruiting and retaining lawyers from diverse backgrounds. Desmarais LLP also regularly sponsors student organizations dedicated to promoting diversity and inclusion at law schools and sponsors the annual ChIPs Global Summit dedicated to the advancement of women in technology, law, and policy.