Patent Litigation
When patents are at the center of a business dispute, there are many options for resolving. Success at Foley means accomplishing the best outcome with the most effective and efficient investment based on your goals.
We have extensive trial experience from district courts to the Supreme Court; however, when litigation is not necessary or efficient, we also have an excellent track record of finding and employing alternative strategies, including reexams, licensing, post-grant review, and ITC proceedings that more effectively accomplish your goals.
We have more than 200 attorneys in our IP Department, many holding technical and advanced degrees in a range of industries, including: electronics, high tech, biotechnology, pharmaceuticals, computer software, medical devices, specialized chemicals, nanotechnology, financial services, wireless, mechanical and electromechanical, Internet and new media, food, beverage, and consumer products, and green energy technologies. In addition, more than 180 of Foley’s IP attorneys are registered to practice before the USPTO. Of these, more than two dozen have prior experiencing serving at the USPTO as examiners.
With this experience, we have the ability to advise you on the entire life cycle of your IP assets and address the varied issues that arise in a patent infringement case, including licensing and technology transfers; mergers and acquisitions; tax and antitrust implications; e-discovery strategies; and specialized proceedings in the USPTO, such as re-examinations and interferences.
Our attorneys have successfully managed and litigated hundreds of complex patent infringement cases on behalf of clients like you across the country in more than 70 percent of U.S. District Courts, plus the U.S. Supreme Court and Federal Circuit. The cases have run the gamut — from vaccines, semiconductors, and consumer products to Internet issues, business methods, and everything in between.
As patent litigators, we have successfully managed and litigated hundreds of complex patent infringement cases on a cost-efficient basis. We are known for our ability to present complicated evidence in a way that is understandable and persuasive to lay judges and juries, as well as our proficiency with TROs and preliminary injunctions; Markman claim construction hearings; summary judgment motions; patent licensing agreements; arbitrations and mediations; and companion USPTO proceedings. In every case, the strategy we pursue results from close consultation with you about your business goals and needs.
Our attorneys have litigated more than 100 cases in the various U.S. District Courts known for having the fastest rocket dockets in the country, including the Eastern District of Texas, the Western District of Wisconsin, and the Eastern District of Virginia (D.C.). As a result, we have extensive hands-on experience with the specialized procedures followed in these venues and the unique strategic considerations that they implicate for your case.
Foley has long been recognized by IP Law & Business and Corporate Counsel among the leading law firms in the country that handle the most patent cases on appeal. Our reputation is built on winning appellate victories in landmark cases that have reshaped the very contours of Federal Circuit law, including Rite-Hite v. Kelley, In re Ochiai, and Litton Sys. v. Honeywell.
Our connection with the Federal Circuit runs far deeper than just the multitude of appellate cases we have successfully argued. A former Foley partner currently sits as a presiding judge on the Federal Circuit, and more than 30 of our attorneys have previously served as judicial law clerks or interns to other Federal Circuit judges. Another Foley partner serves as president of the Federal Circuit Bar Association.
Recent Corporate Counsel surveys have ranked Foley among the most active law firms in the country for handling patent infringement cases before the ITC. We act as counsel for both complainants and respondents, and we have participated in ITC matters relating to such diverse products as semiconductors, lighting systems, global positioning systems, power tools, tires, automobile condensers, batteries, television sets, and scoreboards.
The strong life sciences background of our attorneys has been the cornerstone of our well-rounded experience in pharmaceutical patent cases, including cases relating to small molecules, biological products, and pharmaceutical formulations. By working with innovators and generic drug companies, we have gained perspectives from both sides of a matter. As a result, we have helped our generic drug clients obtain early market access in cases brought under the Hatch-Waxman Act through summary judgments of noninfringement, summary judgments of invalidity, and favorable settlements before and during trial. In addition, we have employed creative licensing strategies and other measures to meet the business needs of our innovator clients.
Foley has a highly experienced Antitrust Practice, comprising trial lawyers, business counselors, and former government antitrust lawyers. We regularly counsel clients like you regarding the application of both the U.S. and European Community antitrust laws to IP licensing and cross-licensing arrangements, as well as the full range of other antitrust issues that arise in the context of IP litigations, including issues relating to standards-setting organizations, patent misuse, bad faith IP enforcement, and the competitive implications of structuring IP settlement agreements.
With offices in Europe, China, and Japan, our patent litigation services extend far beyond our domestic borders. Whether you are looking to expand overseas or are a foreign company looking to enter the U.S. market, our attorneys can help. We vigorously protect your IP interests in the United States, and we leverage our relationships with leading foreign law firms to enforce your patent rights abroad.