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.

Representative Matters

Showing of
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.
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 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.

Related Services