IP Litigation

Foley’s IP litigators have successfully managed and litigated hundreds of complex IP cases on behalf of clients like you in more than 70 percent of U.S. District and State Courts, plus the U.S. Supreme Court, Federal Circuit, ITC, TTAB, FTC, NAD, and UDRP proceedings.

With nearly 200 attorneys in our IP Department, we have the ability to advise you on the entire life cycle of your IP assets and address the varied issues that arise in IP infringement or unfair competition cases. We understand the business side of the challenges and risks posed by potential and actual lawsuits, and have the skills and experience to realize the best possible outcome for your IP litigation matters. 

To help meet your needs, we offer the IP litigation services listed below. 

Representative Matters

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Defended lllumina, a manufacturer of DNA testing instruments, against its competitor, Helicos, asserting infringement of three Helicos patents. During the litigation, Helicos dismissed two of the patents with prejudice, and Illumina won summary judgment of invalidity regarding the third Helicos patent.
On August 19, 2015, Foley obtained a win for our client Emerson Electric Co. in an appellate case brought by plaintiff ABT Systems, LLC. Linda Hansen, Jeff Costakos and Kadie Jelenchick tried the original case to a jury in 2013. The plaintiff appealed the damages award from that case and our client appealed on patent validity grounds. The Court of Appeals for the Federal Circuit agreed with Emerson, finding that the patent was indeed invalid, and that the plaintiff is no longer entitled to the damages award.
Defended BHR Pharma, LLC's main pharmaceutical product against multiple generic competitors, in ANDA litigation, and related measures. Worked with principals to traverse patent and regulatory barriers to worldwide launch of a new pharmaceutical product.

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