Patent Litigation

We have successfully represented leading companies in high-stakes patent infringement litigation in jury trials, bench trials, and on appeal to the Federal Circuit. On behalf of patentees, we've obtained permanent injunctions and damages awards against infringers. On behalf of companies charged with infringement, we have successfully defended a medical products manufacturer with $100 million in annual sales, against a preliminary injunction motion. Sunrise Medical, a $1 billion company, filed a multi-patent infringement action and threatened to enjoin the sales of our client's oxygen-conserving devices which were, at the time, the most profitable product in its product line. If entered, the preliminary injunction would have threatened the very survival of the client. Following a five-day evidentiary hearing, the trial court, in a 100-page published opinion (95 F. Supp. 2d 348), denied the motion and the parties settled soon thereafter.

In a case involving allegations of patent infringement made by Fisher Hamilton against our client, involving a patent directed to ADA-compliant, scientific fume hoods, we saw, early in the case, the flaw in the patentee's infringement and validity theories, uncovered prior art not cited to the examiner, and mounted a inequitable conduct defense. Not only did the patentee file a motion to voluntarily dismiss its own action, but they also disclaimed the remaining useful life of its patent.

In another case, patent infringement actions in the U.S. and Europe were simultaneously threatened against our client, by Mekra Lang, a leading German manufacturer of mirrors for heavy-duty trucks, alleging infringement of several U.S. and European patents. We directed British solicitors in the preparation of the defense of the European litigation, while leading the defense of the U.S. litigation, both of which threatened the client's nascent relationship with Volvo to supply Volvo trucks worldwide with the allegedly infringing mirrors. We assisted in the negotiation of a settlement resulting in the dismissal of the action, and this allowed the client to strengthen its relationship with Volvo at the expense of Mekra Lang.

In each case, we work closely with our client to determine which forum offers the most advantages in terms of, among other factors, speed to trial. We perform thorough pre-litigation infringement and validity investigations, carefully orchestrate discovery, develop trial strategies, choose expert witnesses, anticipate arguments of opposing counsel and, equally as important, effectively manage litigation costs.