As technological innovation continues to increase, so do the risks associated with developing, launching and protecting new products and processes. Judicial rulings (including the US Supreme Court’s Alice decision), the revamped inter partes review process, and the passage of the America Invents Act—along with a growing reliance on outsourced and joint-venture research activities—means that the potential for patent disputes has grown exponentially.
McDermott’s intellectual property litigation team is well known for managing and conducting complex patent litigation worldwide. Our IP litigators have extensive experience in the practices and procedures involved in pursuing cases in US district and appellate courts, the US Supreme Court, and the courts of Europe and China.
We have represented clients of varying sizes and from a wide range of industries in numerous matters heard before the International Trade Commission (ITC). In conjunction with lawyers in our European offices, we regularly coordinate pan-European litigation, including advising on opposition proceedings in the European Patent Office. We have developed and actively maintain a network of foreign associates focused on intellectual property law and, as a result, are able to protect clients’ rights in international tribunals and agencies around the world.
We have also achieved key successes in cases against non-practicing entities (NPEs), and have specific experience in disputes involving technologies such as semiconductors, telecommunications, pharmaceuticals, medical devices and other life sciences products.
We have argued more than 100 appeals before the US Circuit Court of Appeals for the Federal Circuit and its predecessor, the Court of Customs and Patent Appeals, helping clients win significant victories. Even in cases where clients have been successful in lower courts, they often turn to our IP lawyers to defend their appeals to our extensive experience and knowledge with regard to the practices, procedures and judges at the Federal Circuit. Our IP litigators are regularly involved in programs during the Federal Circuit Judicial Conference and the Giles S. Rich Intellectual Property Inn of Court. Members of our IP litigation team, a group which includes former clerks, are also active in the Federal Circuit Bar Association and often teach and lecture about appellate IP decisions, with particular emphasis on decisions of the Federal Circuit.
The Central District of California, Northern District of California, District of Delaware, Northern District of Illinois, District of New Jersey, Eastern District of Texas, Eastern District of Virginia and Western District of Wisconsin, among others, are widely recognized among US district courts as the most active jurisdictions for patent litigation filings, generally because they are the most favorable to patent holders (based on recent studies of time-to-trial, success rates and median damages awards). McDermott’s patent litigation team is familiar with the practices and procedures in these venues. We also have a longstanding record of achieving favorable outcomes in these courts on behalf of our clients.
Delaware: McDermott has significant experience litigating in the District of Delaware, with more than 35 representations in the district in the past five years. As a result, our patent litigators know the judges, local counsel and communities. We also know how to utilize the local practice to our clients’ strategic advantage. We work closely with clients to determine whether or not to pursue cases in this key venue. Moreover, McDermott’s patent litigation team, which includes a number of former clerks, also features trial lawyers who have successfully pursued infringement claims or defended our clients’ rights in Delaware district court.
Eastern District of Texas: The US District Court for the Eastern District of Texas remains the most active jurisdiction in the country. On average, one out of every four patent cases in the United States is filed in this court. In the past five years, McDermott has handled more than 65 representations in the district. Consequently, we understand the unique challenges parties face before the court and are deeply familiar with the processes and procedures necessary to move a case through this extraordinarily busy docket. Our patent litigators, a group that includes former clerks, have successfully represented numerous clients in patent disputes, including in matters involving the infringement claims of NPEs. We are also active participants in the Eastern Texas Bench & Bar Conference and the Federal Circuit Bar Association, which has provided us with additional opportunities to develop relationships with the local judges.