The Legal 500

Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P. is highly regarded for its overall IP capabilities, and has ‘a strong ability to understand and translate complex technical principles into effective legal arguments’. The specialist firm draws on a large team with wide sector expertise to advise on patent infringement cases. Litigation head Doris Hines and Michael Jakes, who leads the appellate practice, offer particular experience in ITC cases, and successfully represented the complainant in Rambus v Nvidia Corp, regarding infringement of multiple semiconductor patents. It also represented Equitable Resources/Bilski in Bilski v Kappos, with the Supreme Court affirming that the Bilski business method was not patentable, and also overturning the Federal Circuit’s ‘machine-or-transformation test’. On the life sciences side, litigator Charles Lipsey successfully obtained a ruling for AstraZeneca, IPR and Shionogi that multiple generic drug companies infringed the patent of blockbuster drug Crestor, with a decision to maintain exclusivity until 2016. It also represented Eli Lilly and Company against patent invalidity claims from Teva Pharmaceuticals, winning both district court and appeal rulings in favor of the client. i4i is another key client.

‘Incredibly professional and skilful in its guidance’, Kirkland & Ellis LLP is a go-to firm for high-stakes patent infringement cases, possessing a team with depth at both partner and associate level. The lawyers are ‘always thinking two or three steps ahead of the competition’ and are ‘dedicated in doing their homework and thinking of alternatives’. While its broad-based practice and deep bench strength has allowed it to maintain its reputation, the team lost patent litigator John Desmarais, who left to set up a patent licensing company; Peter Armenio, who went to co-head Quinn Emanuel Urquhart & Sullivan, LLP’s life sciences practice; and Gerald Flattmann, who joined Paul, Hastings, Janofsky & Walker LLP. Clients include The Boeing Company, Genentech and Braun Medical, with Edward Donovan winning a patent claim for the latter against rival healthcare product company Terumo. Experienced trial counsel Steven Cherny, who ‘will find a way to win where others shy away from a problem’, advised CR Bard on one of the longest-running patent disputes to date, with 2010 seeing the client awarded additional damages, bringing the current value of the dispute to $660m and making it one of the highest-value awards in patent litigation. Robert Krupka successfully led on Teva’s Women’s Health patent infringement case, and Mark Pals and Marc Sernel have ‘excellent legal instincts and are thoughtful on the issues faced by clients’. Adam Alper advises a number of leading hi-tech corporations. Areas of niche expertise for the practice include section 337 investigations.

The ‘excellent’ Weil, Gotshal & Manges LLP ‘delivers the level of service you would expect from a top-flight, world-class firm’, as illustrated by a client roster that includes leading global names across a range of technologies, although Vernon Winters and Nicholas Brown moved to Greenberg Traurig LLP in 2010, while Douglas Lumish and former counsel Jeffrey Homrig left for Kasowitz, Benson, Torres & Friedman LLP. Nicholas Groombridge co-heads the national practice and is ‘brilliant, practical, terrific in front of a jury, and a nice person to boot’, while fellow co-head Jared Bobrow has extensive lead counsel experience. Groombridge represented Life Technologies against Illumina in a battle between the major biotech rivals, with a Markman hearing ruling in favor of Life Technologies on the majority of the disputed patents. Global litigation head Matthew Powers and Mark Davis have been representing Apple in its ongoing dispute with Motorola before the district court and ITC. Powers also represented Merck/Schering in a successful appeal court ruling against Teva, which challenged its patent for brain cancer drug Temodar. Associate Audrey Maness is ‘a real rising star’.

‘An excellent practice’, WilmerHale is active in both the technology and pharmaceuticals sectors. William Lee remains a highly regarded patent litigation figure with strong, wide-ranging trial experience, including at the ITC. Lee recently acted as co-lead counsel for Cisco, defending it against an infringement allegation brought by Linksmart Wireless Technology. On the life sciences side, Robert Gunther acted as lead counsel for Roche in obtaining dismissal of a case brought by Polymer Technology Systems, which alleged non-infringement and invalidity of a Roche patent relating to diabetes blood-testing meters. The team also successfully represented Smith & Nephew as plaintiff in its case against rival medical devices company Arthrex, with a favorable ruling on all issues including damages and a rejection of the opponent’s invalidity defense. Wyeth is another key client, and the practice added to its ranks with the hire of David Manspeizer, who was vice president of IP and associate general counsel at the pharmaceutical company Wyeth, while Spence Chubb joined as special counsel from the USITC.

‘Highly strategic, with a very deep bench with non-paralleled IP backgrounds’, Fish & Richardson P.C. is a specialist IP firm that handles a high volume of patent litigation. Led by the firm’s litigation head Katherine Kelly Lutton, the team is highly praised for its ability to take on high-stakes lawsuits, and can ‘manage client expectations appropriately and deliver results’. Among its clients are leading names such as Microsoft, which it defended in ongoing litigation brought by Uniloc, with a trial jury overturning a previous ruling in favor of the plaintiff. However, a more recent Court of Appeals decision sided with Uniloc but ruled for a new trial on damages. In life sciences, Jonathan Singer is ‘terrific at working up a case’ and recently represented Allergan and Eurand as plaintiffs in separate Hatch-Waxman cases, with a favorable ruling achieved for the former affirming exclusive rights for a multimillion-dollar glaucoma drug. Singer was also involved in a Markman hearing relating to alleged video-streaming technology infringement, on behalf of multiple defendants against Acacia Media Technologies. ‘A wonderful trial lawyer’, Juanita Brooks won a month-long trial for Fresenius Medical Care, which rejected a patent infringement allegation brought by Baxter Healthcare. Brooks is also representing Cephalin and CIMA as plaintiffs in a Hatch-Waxman hearing to prevent generic versions of its cancer pain drug Fentora. Delaware-based attorneys William Marsden, Timothy Devlin and associate Susan Colletti are ‘all excellent litigation counsel’.

‘Highly responsive and results oriented’, Fitzpatrick, Cella, Harper & Scinto has a core strength in life sciences, with ‘excellent knowledge of the pharmaceutical industry’. It typically represents brand companies such as Astra-Zeneca, Sanofi-Aventis and GSK in infringement cases involving high-value products, and also acts for leading technology/hi-tech companies such as IBM and Canon, recently representing the former in litigation against Rambus. Dominic Conde is ‘an outstanding strategist and litigator. If you end up going to trial, he is amazing – nothing gets by him’. Conde was involved in some of the practice’s largest cases, including successfully defending Daiichi Sankyo in an appeal case that affirmed a ruling that Mylan Pharmaceuticals infringed its billion-dollar-selling high blood pressure drug. Conde also achieved a reversal of a non-infringement judgment for Adams Respiratory Therapeutics (owned by Reckitt Benckiser) in a case against Perrigo, regarding popular branded non-prescription medicine Mucinex. William Solander is also recommended.

With a team that provides ‘excellent business acumen, knowledge, advice and results’, clients turn to West Coast-based Irell & Manella LLP for ‘the most complex and highest-exposure patent cases’. Morgan Chu is a well-known and highly respected patent trial counsel, and together with Andrei Iancu ‘provides top-class customer service’. Perry Goldberg and Ben Yorks are also highly regarded. The team covers a range of sectors, though it has a particular focus on the hi-tech sector. Chu, Goldberg and Iancu represented TiVo in a high-profile dispute with EchoStar regarding digital video recording devices, with recent rulings finding in favor of TiVo and awarding additional damages amounting to $400m to date, as well as a US Court of Appeals hearing that affirmed EchoStar was guilty of patent infringement; the litigation remains ongoing. Additional clients include eBay, Skype and Tessera; the team acted as co-counsel for the latter in an appeal win which affirmed a previous ITC ruling that various semiconductor chip manufacturers had infringed Tessera’s patent. The team added to its IP litigation expertise in 2010 through the lateral hire of patent re-examination specialist Greg Gardella from Fish & Richardson P.C..

Led by Brian Poissant and Anthony Insogna, Jones Day provides ‘legally and technically sophisticated advice’ to telecoms and life sciences clients including Celgene, Visa and P&G. Calvin Griffith and Patrick Norton are both ‘excellent lawyers’ with ‘great client relation skills’. Griffith in particular is recommended for complex patent litigation. Both attorneys were involved in successfully representing DePuy Spine as one of two defendants in a patent interference claim brought by Stryker Spine. Poissant was part of the team that secured a $29.4m damages win for Marine Polymer Technologies against HemCon Medical Technologies, while Federal Circuit group head Gregory Castanias led on appeal victories for The DirecTV Group and Fenwal/Baxter Healthcare. The firm also represented Vizio and AmTran Technology before the ITC. Daniel Malone is recommended. Randall Kay from DLA Piper LLP, Patrick Elsevier from Alston & Bird LLP, Mark Finkelstein from Latham & Watkins LLP and Astrid Spain from McDermott Will & Emery LLP all joined the California-based practice in 2010.

Quinn Emanuel Urquhart & Sullivan, LLP is an ‘outstanding’ litigation firm of ‘real trial lawyers’ that has built a strong reputation for patent litigation. Trial lawyer and IP co-chair Charles Verhoeven represented Google in its first patent infringement jury trial win, successfully defending a $600m damages claim by patent holding company Function Media regarding internet advertising-related patent infringement.The jury ruled non-infringement by Google and found Function Media’s patent to be invalid. This was one of three successes for Verhoeven on behalf of Google as defendant in Eastern Texas cases. He also successfully led alongside Victoria Maroulis for Cisco as defendant in a case brought by ESN LLC regarding integrated service routers. Edward DeFranco was part of a team that obtained a non-infringement decision for Gibson Guitar regarding the Guitar Hero video game of Activision, the plaintiff. Brian Cannon is rated for his in-depth legal knowledge and effectiveness in building a successful defense, and advised Roche in district and federal hearings against Stanford University regarding HIV testing kits. Peter Armenio joined from Kirkland & Ellis LLP in 2010, and obtained favorable rulings for Lundbeck, Forest Laboratories and American Express against multimillion-dollar infringement allegations. Co-chair Claude Stern and business trial lawyer John Quinn are also recommended.

Baker Botts L.L.P. provides ‘great availability, and creative advice and solutions’ to clients that include Cisco Systems, Yahoo! and AT&T. Practice head Barton Showalter has experience in hi-tech and electronics sector litigation, and recently defended WebEx Communications (a subsidiary of Cisco) against a lawsuit brought by Automated Business Companies, obtaining a non-infringement summary judgment for the client. The team also obtained a $1.8m damages win for Whirlpool and a favorable non-infringement ruling in an ongoing dispute with rival home appliances maker LG Electronics over refrigerator technology. Robert Scheinfeld ‘gives very practical advice and looks out for the interests of his clients’; both he and Eliot Williams are ‘very strong business partners who are also good litigators’. Lisa Kole and Paul Ragusa are also recommended, leading on a number of ANDA patent litigation suits on behalf of Ethypharm as either co-plaintiff or co-defendant.

Noted for its ‘outstanding trial work and results’, Covington & Burling LLP is ‘a brain trust full of qualified and bright lawyers’ and ‘knows the quiet art of writing a winning brief’. It is valued for its specialist focus on Section 337 investigations before the ITC. Clients include Hewlett-Packard, Samsung, AK Steel Corporation, Abbott Laboratories and Sanofi-Aventis. The team advised Monsanto in a highly publicized dispute against DuPont regarding GM crop technology, as well as defending Samsung in a case against BTG International regarding flash memory technology, which went before the ITC and district court. George Pappas is ‘a great courtroom advocate’, and obtained successful summary judgments for pharmaceutical companies Ortho-McNeil and Shire in patent exclusivity cases. Robert Haslam, ‘the consummate patent lawyer’, and the ‘smart, analytical’ Robert Fram, who ‘can engage a client or an adversary on an IP litigation matter at any level of detail’, are recommended, and Richard Rainey has ‘vast knowledge of appellate issues’. Michael Plimack, Christine Haskett and Kevin Collins are also recommended.

IP boutique Kenyon & Kenyon primarily focuses on patent litigation and provides ‘excellent advice and experienced staff that are on top of the latest developments’. The team ‘takes a holistic view of clients, their needs and the industry in general’, serving a wide range of sectors that includes hi-tech and life sciences, and is developing strength in ITC proceedings. In life sciences, it represented key client Teva in litigation against rival companies Sandoz and Pfizer, and obtained a favorable appeals decision for Photocure ASA in another case. John Bateman is an ‘excellent litigator’, who is ‘able to focus on the important points rather than getting lost in a case’. On the hi-tech side, clients include Sony, SAP, and automotive clients include Volkswagen. Life sciences co-chair Steven Lee and European practice chair Michael Lennon are also key attorneys. Marcia Sundeen leads on litigation before the ITC, and successfully represented China-based chemicals company Sinorgchem in a patent infringement suit filed by Flexsys.

West Coast-based Knobbe Martens Olson & Bear LLP is a respected specialist IP firm, with the strength in depth to offer litigation capabilities across a broad range of technologies. Clients include leading pharmaceuticals, healthcare and medical devices companies. It continues to demonstrate a strong appellate practice, representing Invention and Schindler as plaintiffs in a successful Appeals reversal against Otis Elevator Company, and also successfully defending leading medical devices company Smith & Nephew against rival Kinetics Concepts. Litigator Joseph Re has extensive trial and appellate experience.

Combining deep IP knowledge and litigation expertise, Morrison & Foerster LLP is valued for its international focus in IP litigation. A strong presence in San Francisco, the practice is well balanced between life sciences and hi-tech sectors, Life Technologies, Kyocera Wireless and Sandoz calling on the expertise of attorneys Michael Jacobs and David Doyle. Recent highlights include successfully defending Bayer Healthcare against a patent infringement claim brought by Abbott Laboratories. The team is also active in ITC proceedings for leading hi-tech names such as Sharp, Nikon and Toshiba. Brian Busey is highly experienced in Section 337 investigations, and 2010 saw the firm hire hi-tech expert Patricia Martone from Ropes & Gray LLP, who joins the New York team. Brian Matsui is ‘an appeal expert who knows how to turn a lower court decision around’.

Orrick, Herrington & Sutcliffe LLP has international strength and broad industry coverage, with particular strength in the hi-tech, internet, and electronics sectors, where it advises household names such as Facebook, LinkedIn, AOL, Microsoft and Apple. Led by IP head Gary Weiss, the practice has also been representing leading names from the gaming and electronics world in Section 337 investigations. Hopkins Guy acted for Apple in an ITC investigation filed by S3 Graphics regarding image compression formats and, in another ITC investigation, successfully represented five respondents, including Acer and Nanya, in a patent infringement case brought by Tessera, which was the first time Tessera has been defeated in a case regarding seminconductor chip patents. The practice also acted for Intel Corporation, Numonyx, Sony Ericsson and Apple in a patent infringement case brought by Fast Memory (an Acacia subsidiary) regarding flash memory technology. Trial lawyer Steven Routh has experience in patent litigation before the federal court and the ITC, and is ‘not only one of the top litigators, but also a very trustworthy team manager’.

Sidley Austin LLP’s team has ‘incredible intellectual competence, impressive knowledge of the law and underlying trustworthiness and tenacity, coupled with phenomenal trial skills’. It represented Research In Motion and Microsoft in ITC cases against Motorola, and advised Microsoft in a case regarding its Xbox product. Practice head David Pritkin and Richard Cederoth are recommended, as is the newly recruited Brian Nester from Fish & Richardson P.C., who focuses particularly on disputes before the ITC, and former chair of the Intellectual Property Section of the State Bar of California Patricia Thayer, who is a ‘brilliant lawyer and great communicator, great at understanding clients’ needs’. Edward Poplawski and ‘brilliant mind and highly effective litigator’ Bryan Anderson are ‘incredibly bright, knowledgeable, talented and articulate, and produce phenomenal results’. Both partners represented Cornell University in litigation against Hewlett-Packard. James Bradley ‘does an excellent job of leading teams in complex litigation matters’. Life sciences clients include Genentech, Merck, Johnson & Johnson and St Jude Medical.

Although New York-based Cravath, Swaine & Moore LLP’s patent litigation practice handles a lower volume of cases and includes fewer attorneys than other practices, it has nonetheless been involved in significant disputes across a range of technologies and is developing a more in-depth focus on IP. Evan Chesler, who has broad trial and appellate experience, and commercial litigator David Greenwald both represented DuPont in settling a case filed by 3M Co regarding a patent method used in Teflon products. They also represent Bristol-Myers Squibb and Sanofi-Aventis, recently obtaining a multimillion-dollar damages award for both clients regarding one of the world’s biggest-selling prescription drugs. Keith Hummel acts for medical devices company Medinol and is defending Qualcomm in a GPS technology-related case, while Richard Stark advised Xerox Corporation in its lawsuit against Google and Yahoo! regarding patents related to internet search technology.

Fulbright & Jaworski LLP possesses strong Texas and New York-based teams that ‘apply faultless legal knowledge tempered by a massive depth of experience in every aspect of patent litigation, while maintaining an awareness of the bigger-picture and commercial objectives of its client’. Christopher Benson successfully acted for Chungwa Picture Tubes, one of a number of defendants sued by Honeywell over infringing an LCD patent, while Marc Delflache successfully defended Menusoft Systems against patent infringement claims made by wireless telecoms company Ameranth. David Parker leads on biotech patent litigation and was counsel in Brown v Barbacid, successfully representing inventors of a cancer treatment technology against pharmaceutical corporation Bristol-Myers Squibb. Charles Walker is representing tax service provider H&R Block as plaintiff in a business method-related patent case. Specialising in telecoms, Eric Hall ‘combines a deep knowledge of a broad range of technologies with an encyclopedic knowledge of patent law’. Trial lawyer Brett Govett has ‘an excellent courtroom presence’ and Norman Hanson is ‘highly experienced and knowledgeable in the biomedical sector’. Commercial litigators Robert Harrell and Karl Dial are also recommended.

Gibson Dunn’s team has a broad focus and expertise across the hi-tech and life sciences sectors. Recent work has been characterised by ANDA-related litigation, with trial lawyer Wayne Barsky involved in representing Johnson & Johnson in a district court case that dismissed patent misuse lawsuits brought against it. The practice is also representig Novo Nordisk against generic manufacturers regarding patent infringement of its multimillion-dollar diabetes drug. Barsky successfully led at trial for Tessera in an infringement suit brought against a number of semiconductor manufacturers, including Spansion, Qualcomm and Motorola. Josh Krevitt advises leading technology companies such as T-Mobile, Apple and AT&T, and recently acted for Hewlett-Packard in a patent infringement claim brought by Minerva Industries against various smartphone companies. Krevitt is also representing Amazon in its well-publicised multi-jurisdictional dispute against Discovery Communications regarding its e-book reader. Denis Salmon, who has been representing St Jude Medical, and Mark Reiter co-chair the practice from Palo Alto and Texas. Jeffrey Thomas has been representing Allergan in various disputes as both plaintiff and defendant.

Kaye Scholer LLP is ‘exceptional in trial ability’ and ‘provides smart legal advice with an eye on furthering the business objectives of the client’. It has great strength on the life sciences side, representing leading names such as Wyeth, Pfizer and Roche. Leora Ben-Ami has a strong track record in the sector, and advised alongside Patricia Carson in the district court and on appeal in Wyeth v Kappos. Ben-Ami and Thomas Fleming are ‘particularly gifted’ in IP trial work, and ‘have a high-quality team that can address litigation and transactional issues equally well’. They represented DuPont in a settlement of three lawsuits with Invista regarding technology for manufacturing Nylon, as well as a high-profile ongoing case against Monsanto involving patent infringement of biotechnology related to GM crops. Scott Lindvall represented Rolls-Royce in litigation against United Technologies regarding jet engine technology. Trial lawyer Alan Fisch defended Novartis in an infringement case brought by patent holding company Webvention. Litigators Michael Malacek and Peter Root joined the Silicon Valley office, which opened in early 2010, from Dewey & LeBoeuf LLP, while trial lawyer Robert Unikel joined the Chicago office from Howrey LLP.

Drawing on its deep trial experience, the team at Latham & Watkins LLP represented CR Bard in its complex dispute with WL Gore regarding the patent of a vascular medical device, with a pre-appeal damages award amounting to around $653m to date. It was also lead counsel in Prometheus v Mayo, which in light of the Bilski decision was successfully appealed and affirmed at a Federal hearing. The team, led by co-chairs Bob Steinberg, Perry Viscounty and Max Grant, is regarded as responsive, knowledgeable and ‘providing the right amount of depth’, and has been taking further steps to strengthen its offering through strategic hires in its Washington DC office; Matthew Moore (‘fantastic and so efficient with handling matters, the right combination of personable and intellectual’) and Bert Reiser, who provides significant Section 337 disputes experience, both arrived from Howrey LLP, while Lawrence Gotts joined from Paul, Hastings, Janofsky & Walker LLP and adds extensive trial experience. Gotts represented Honeywell against the US government, Lockheed Martin and L-3 Communications in a successful appeal that reversed a previous ruling that Honeywell’s patent, used in night vision aircraft goggles, was invalid.

‘A very professional and focused firm that has its clients’ commercial interests at heart’, McKool Smith PC continues to build a strong reputation in patent litigation, particularly for plaintiffs against major corporations. The Texas-based litigation firm is ‘small but highly specialised in this field’. Practice head Mike McKool is trial counsel for clients such as American Airlines, MIT and BTG International, and recently represented the latter in filing an investigation before the ITC against various leading technology companies. The group was also involved in significant wins for i4i and VirnetX as plaintiffs against Microsoft, defeating an appeal by the software giant at the end of 2009 for the former, and obtaining a $200m settlement for the latter. Gordon White is a ‘highly innovative, technically knowledgeable and experienced patent litigator’, and Steven Pollinger is ‘very thoughtful, and client oriented; a very good negotiator who understands how to get deals done’. Brett Cooper, Doug Cawley, Jeffrey Carter and Rodney Sweetland (‘expert in ITC investigations, very dynamic’) are also recommended.

Paul, Hastings, Janofsky & Walker LLP has a strong reputation in the pharmaceuticals sector, with the New York-based team providing ‘a first-rate level of service’, as well as being ‘very responsive and communicative’. IP co-chair Joseph O’Malley represented Sepracor in its lawsuit against multiple defendants regarding sleep aid drug Lunesta, while as co-counsel he won at trial for Pfizer/Wyeth and Altana Pharma regarding their $2bn market value ulcer drug. O’Malley and Bruce Wexler, who ‘explains complex situations clearly to enable informed decision-making’, acted for Boehringer Ingelheim in a patent protection dispute which resulted in a decision at appellate level reversing the original decision that its patent was invalid. The group was joined in 2010 by Gerald Flattmann and of-counsel Melanie Rupert and Christine Willgoos from Kirkland & Ellis LLP, who bring life sciences expertise and clients such as Sanofi-Aventis and Galderma Laboratories to the team. Co-chair Jeffrey Randall has been leading the Palo Alto and Washington DC practices in hi-tech-related litigation, and has been advising companies such as Samsung in smart phone-related litigation. Robert Masters represents Konami Digital and Flexsys America.

Cadwalader, Wickersham & Taft LLP ‘distinguishes itself principally in the efficiency and intelligence with which it tackles daily issues’. Well regarded for its overall IP capabilities, the practice continues to develop in life sciences, pharmaceuticals, hi-tech and telecoms, providing specialist sector advice. Practice leader Christopher Hughes has extensive trial experience, including at the ITC, and is ‘a veteran attorney whose advice on all aspects of IP law is indispensable’. Hughes was part of a team representing IBM in a long-running dispute with Asustek that reached a settlement in 2010. Life sciences specialist Bartholomew Verdirame is credited for his ‘competency, tenacity, and loyalty’, and, with Tony Pezzano and special counsel Michael Dougherty, successfully represented Roche against Ranbaxy Laboratories at district court, appeal and cross-appeal, with the parties agreeing on validity, enforceability and infringement of Roche’s multimillion-dollar-selling antiviral drug. The team, along with special counsel Kent Stevens, who focuses on Section 337 investigations, also represented Roche as respondent to a filing by Amgen before the ITC. Stevens also represented Sony Ericsson in a multi-respondent patent case involving LED technology. More recently, Dougherty, who also specialises in representing biotech and pharmaceuticals clients, and Pezzano filed a lawsuit for Merck against Hetero Drugs.

McDermott Will & Emery LLP has ‘the strength and depth to advise extremely large clients while also retaining the flexibility and responsiveness to meet the needs of small companies’. With sizeable teams across central and bi-coastal offices, it draws upon a deep bench with expertise across a range of technologies. The New York group added four partners from former IP boutique Darby & Darby, which was dissolved in early 2010, including Louis DelJuidice, who with Joseph Robinson, recently represented Nippon Shinyaku in a patent term extension lawsuit against the USPTO in light of the Wyeth v Kappos decision. DelJuidice handled the Nippon Shinyaku prosecution work and Robinson the litigation. Practice head Sarah Columbia, whose ‘patent litigation skills are complemented by her excellent business judgment’, acts for Infineon, CIBA Vision and Novartis, successfully representing the latter against an appeal of a patent interference decision. Historically strong in the hi-tech/electronics sector, the Silicon Valley group includes Anthony de Alcuaz (an ‘outstanding negotiator, and business oriented’); Yar Chaikovsky (noted for his analytical and strategic skills); and the ‘outstanding’ Terrence McMahon and Vera Elson, who represented software company Sybase in patent infringement litigation. Los Angeles-based Eric Hagen ‘has a knack for simplifying complex issues and communicating a client’s position persuasively’. Joel Freed’s extensive experience provides ‘an incredible perspective that enables him to be an especially good strategist’.

Based predominately in California, O’Melveny & Myers LLP offers a team experienced across various technologies including life sciences and electronics, with representative clients including Novartis Vaccines and Diagnostics, Hulu and International Game Technology. Key attorneys include Darin Snyder, litigator Mark Samuels and Stephen Akerley, who represents Google and Lenovo Group. It hired IP litigator Eric Namrow from Jones Day’s Washington DC office to develop its expertise in patent litigation before the ITC, an area in which Namrow has particular strength. He is considered ‘a superstar IP lawyer and well respected by staff at the ITC’. The practice represented Top Victory Electronics in a favorable appeal of a patent infringement investigation brought before the ITC by Funai regarding digital television technology.

Pillsbury Winthrop Shaw Pittman LLP ‘will do what it takes to get the job done’, and is able to handle large or smaller cases. Clients include Toshiba, Intel, Medtronic and Raytheon. Although focused on prosecution, Bryan Collins is well regarded for litigation and is ‘not only technically gifted but also a very creative patent attorney. He is invaluable in setting the strategies in litigation’. Both he and Jack Barufka led on two successes for Stanley Black & Decker, including Richardson v Stanley Works – a high-stakes lawsuit which threatened a long-established and popular product of the client’s. Experienced trial counsel William Atkins successfully defended Atlas Copco against a $250m lawsuit from a patent holder, and prevented Sirius XM Radio from being named as a respondent by the ITC in an infringement case filed by Spansion. James Gatto focuses on the internet and gaming sectors, while appellate group leader Claudia Wilson Frost represents clients such as AT&T.

A ‘quality’ practice of experienced trial lawyers, Simpson Thacher & Bartlett LLP’s IP litigation group, led by New York-based Henry Gutman and George Newcombe in Palo Alto, has an active patent litigation practice. Although also serving pharmaceutical companies such as Daiichi Sankyo, hi-tech names such as Intel, Cisco and Verizon account for the majority of representative clients. The team recently settled a case for Verizon as defendant against plaintiffs seeking over $100m, as well as representing Daiichi Sankyo in a patent term extension case alongside other US and international litigation.

DLA Piper LLP has ‘subject matter expertise and trial experience’, and is backed by a strong international focus and reach. Technology remains its main strength, representing leading hi-tech names such as Toshiba and Samsung in litigation, including before the ITC. Patent trial lawyer John Allcock recently led a cross-border team, including Sean Cunningham, representing Motorola in settling its smart phone war with Research in Motion. Allcock and Cunningham also represented Ricoh in an ITC filing against Oki Data. Trial expert Mark Fowler is leading for Oracle in a number of lawsuits, while Stuart Pollack represents pharmaceuticals companies Galderma and Abbott. ‘Best in class’ Drew Wintringham recently defended Siemens VDO and other automotive manufacturers, achieving a million-dollar award against the plaintiff. The hire of an LA-based IP group from Hogan Lovells US LLP, including Richard de Bodo, who now co-leads the patent litigation practice, adds further depth.

At Davis Polk & Wardwell LLP, ‘very talented trial attorneys’ Anthony Fenwick and Matthew Lehr ‘bring the highest quality and best representation one can obtain to the table. Both provide very thoughtful and sophisticated counsel’. The firm has been demonstrating its expertise in high-stakes patent disputes, with Lehr representing VNUS Medical in long-running litigation against other leading laser technology competitors. Lehr and Fenwick also acted for Yahoo! in cases against AOL and Xerox in relation to internet search technologies and internet advertising services. Comcast is also a key client.

Based solely in San Francisco, specialist litigation firm Keker & Van Nest, L.L.P. may be mid-sized but it continues to enjoy instructions from leading hi-tech and electronics names across the country, thanks to its deep trial expertise. David Silbert leads on major patent disputes, and recently served as trial counsel to Broadcom in a lawsuit against bluetooth company CSR. Silbert also represented Comcast with Matthias Kamber in a multi-defendant case brought by Acacia Media, which sought multimillion-dollar damages for infringement in relation to stored digital and audio files, with an appeals hearing affirming a ruling in favor of the defense. It is lead counsel for HTC in its smart phone technology battle with Apple, as both plaintiff and defendant, including trials before the ITC.

‘Excellent for high-stakes patent infringe-ment’, Leydig, Voit & Mayer Ltd. has significant strength and depth as a full-service IP firm. Life sciences is a core focus, with clients such as Teva Pharmaceuticals and Human Genome Sciences. Both Steven Petersen and John Kozak advise on hi-tech, IT and electronics matters, and are rated for ‘their skills as litigators’ in complex cases. Petersen’s ‘advice is always practical and appropriate for the situation’. He and Kozak acted for Mitsubishi Electric Corporation in a number of hi-tech patent infringement cases. Robert Green is ‘acute, accessible, insightful’.

Mayer Brown is well regarded for its overall IP capabilities and provides ‘attention to client business needs’, with its ‘international presence a big plus’. Key clients include Bristol-Myers Squibb, Solvay, Philips, Sony, McDonald’s and Nestlé. Brian Nolan acted alongside Duane David-Hough in a smart phone-related dispute for Avago Technologies, and defended GSK in an infringement case brought in relation to its cancer treatment drug. Joseph Mahoney provides strong expertise in Hatch-Waxman litigation, and is currently representing Galderma Laboratories and Dow Pharmaceutical Sciences in a dispute against a generics rival, regarding the protection of its Metrogel product. John Mancini is currently defending a Nestlé subsidiary against a food processing-related patent infringement allegation, while Gary Hnath leads on Section 337 investigations and focuses on China-based entities, with recent ITC cases involving food processing patents.

Ropes & Gray LLP has a strong presence in patent disputes, with a client base spanning the finance, telecoms, software and life sciences sectors. Jesse Jenner acted for Motorola in its high-profile complaint against Research In Motion before the ITC, and settled another dispute with Vtech. The practice’s Section 337 expertise was boosted with the arrival of Stephen Rosenman from Dechert LLP in 2010. Life sciences clients include Genzyme, Bayer, Purdue Pharma, Covidien and AstraZeneca. Bradford Badke successfully defended Nova Biomedical in a long-running dispute against Therasense and Abbott, which was affirmed on appeal.

Highly knowledgeable on the hi-tech and electronics front, White & Case LLP represents well-known pharmaceutical names such as Novartis and AstraZeneca. In New York, Dmitrios Drivas, Jeffrey Oelke and Adam Gahtan successfully represented Pfizer in a long-running dispute with Teva to prevent it from selling a generic version of the client’s $1bn-plus-selling drug Detrol. Drivas represents Google with Kevin McGann in various disputes, including a high-profile multi-defendant case involving other leading e-commerce and internet companies. In Washington DC, Jack Lever and David Tennant (‘very smart and very knowledgeable in hi-tech matters’) have been representing Panasonic in litigation against rival leading semiconductor company Freescale before the ITC.