Patents: litigation (International Trade Commission) in United States
Adduci, Mastriani & Schaumberg, LLP is rated by clients for its 'expertise, professionalism and deep understanding of the client's priorities'; it is known as 'a firm with world-class resources, but with the feel of a boutique'. The international trade boutique is among the most active players in Section 337 litigation and often manages the International Trade Commission (ITC) portion of larger cases handled by a different firm in addition to maintaining a strong stand-alone practice. Technology-related instructions remains the group's mainstay, with recent standout instructions including the representation of Qualcomm in a patent infringement investigation regarding mobile electronic devices and radio frequency and processing components. The group is also active in the pharmaceuticals sector, where it recently represented respondents Virtus Pharmaceuticals and Virtus Opco II in a patent infringement investigation regarding a stomach ulcer treatment. 3M, Cisco Systems and Otter Products are also clients. James Adduci, Louis Mastriani, Tom Schaumberg and Deanna Tanner Okun ('an outstanding legal professional with a deep knowledge of trade issues') form the heart of the practice. Also recommended are Paul Bartkowski and recently promoted partners Daniel Smith and Evan Langdon. Of counsel Elizabeth Duall Regard joined from King & Spalding LLP, and counsel Joshua Hartman joined from Morrison & Foerster LLP. William Sjoberg left the firm for Porter Wright Morris & Arthur LLP.
'Top-level firm' Finnegan, Henderson, Farabow, Garrett & Dunner LLP 'combines deep technical expertise with dynamic litigation skills'. 'Professional and experienced', the group demonstrates wide sectorial breadth in its recent caseload, with instructions coming from electronics and medical device players, computer hardware and LED lighting manufacturers, among others. A recent biotechnology highlight was the representation of complainant Ajinomoto against CJ Cheil Jedang at the ITC, and in related district court and PTAB litigation, regarding patents covering genetically modified organisms to be used for the production of tryptophan. Other clients include Caterpillar, Hytera America and Toyota. 'ITC expert' Smith Brittingham heads the practice, and Atlanta's John Livingstone 'always has the best interest of his client in mind'. Mareesa Frederick is 'deeply familiar with the ITC practice and greatly contributes to the resolution of complicated problems, which occasionally arise during ITC proceedings'. Other names to note include Elizabeth Niemeyer, Gerson Panitch, David Mroz and recently promoted partner Cecilia Sanabria. Christine Lehman joined Reichman Jorgensen LLP.
Kirkland & Ellis LLP has one of the most successful ITC practices in the market. Joint practice heads Gregory Arovas in New York and Paul Brinkman in Washington DC are regularly involved in the biggest ITC investigations, which recently included two separate ITC investigations instituted against Arista after the firm's client, Cisco Systems, had filed two complaints regarding several of its patents, requesting to exclude every Arista product from entering into the US. Heineken International instructed the team to defend it against a complaint filed by Anheuser-Busch alleging the infringement of four patents related to bag-in-bottles or bottle-in-bottles technology. Michael De Vries in Los Angeles, San Francisco's Adam Alper and Sarah Piepmeier, and Joseph Loy are other main contacts. Clients also include BASF, IBM and Nike.
The 'amazing group of litigators' at DLA Piper LLP (US) are 'responsive, prepared, easy to work with and down-to-earth' and impress with 'an excellent work product and top-notch service and communication'. Sean Cunningham, who 'deserves exceptional mention for his commitment to the client', defended ResMed against a patent infringement complaint filed by Fisher & Paykel regarding five patents for sleep apnea masks, the second of two investigations filed against ResMed by Fisher & Paykel. Techtronic Industries and Home Depot instructed the team to defend against a complaint filed by Walbro, which involved infringement allegations regarding five patents for outdoor equipment and power tools. Practice head Mark Fowler, who 'always provides the right strategic advice', and Chicago duo Paul Steadman and Matthew Satchwell are also noted.
Foster, Murphy, Altman & Nickel PC
Washington DC-based ITC boutique Foster, Murphy, Altman & Nickel PC is primarily in charge of the ITC portions of patent litigation, working alongside the counsel in charge of the non-ITC components. Additionally, the group has a strong track record in Section 337-related enforcement before US Border and Customs Protection. Recent highlights include James Altman obtaining a general exclusion order and limited exclusion orders against multiple respondents for complainant Nite Ize, and David Nickel representing complainant Sony in an investigation regarding patents on magnetic data storage tapes and cartridges. Barbara Murphy, who jointly heads the practice with Altman, and counsel Susan Koegel are other key practitioners. Polymer Technology Systems, Immersion and Masteel are also among the team's clients.
The 'high-level professionals' at Latham & Watkins LLP impress with their 'polished demeanor', and continue to grow their practice, most recently with the addition of 'top shelf' litigator Jamie Underwood from Alston & Bird LLP. The group recently succeeded in defending Arista Networks in its ITC litigation opposite complainant Cisco Systems after Arista had received adverse decisions from the ITC; the client ultimately prevailed using rulings from US Customs and Border Protection (CBP) and an enforcement action trial. Additionally, Comcast relied on the team for its defense against an ITC investigation filed by Rovi, again weaving in CBP tools to allow the previously forbidden import of redesigned products. Other instructions came from Nautilus Hyosung, Amphenol and Ford. Practice head Bert Reiser and Kevin Wheeler are also recommended.
Fish & Richardson P.C.
Fish & Richardson P.C. boasts one of the deepest benches in the market and has a long track record of ITC litigation. As co-counsel, the group recently secured a victory for The Chamberlain Group in an ITC investigation against Techtronic industries and related entities regarding garage door opener patents, obtaining a limited exclusion order on certain garage door openers. Washington DC's Ruffin Cordell and Michael McKeon are the key ITC litigators in the group.
McDermott Will & Emery LLP has a long track record in ITC work for high-profile clients. Recent standout highlights saw the team representing ZTE and ZTE USA in three separate investigations regarding thirteen mobile phone patents; acting for Panasonic in two investigations, including one settlement with a non-practicing entity and one victory; and the successful defense of Hewlett-Packard and Extreme Networks against a complaint filed by Chrimar Systems. Jay Reiziss in Washington DC is the key practitioner.
Quinn Emanuel Urquhart & Sullivan, LLP
Quinn Emanuel Urquhart & Sullivan, LLP was especially active in technology-related investigations. In one of the group's most famous cases, the team represented Qualcomm in an ITC investigation and two parallel district court cases against defendant Apple, involving patent infringement allegations regarding key technologies used in iPhones. Another highlight was the representation of Sony as complainant in an investigation filed against Fujifilm regarding certain tape products. NVIDIA, Ledman Optoelectronic and Gamevice also feature on the client roster. Alex Lasher in Washington DC directs the practice, which includes Silicon Valley's Kevin Johnson, Chicago's David Nelson and new arrivals Colleen Tracy James in New York, who joined from Mayer Brown, and Stephen Wood in Salt Lake City, who joined from Wood Balmforth LLC. Washington DC's Deepa Acharya and San Francisco's James Judah made partner.
Lauded for its 'true ITC expertise', Winston & Strawn LLP is particularly well-known for its recent defense of Comcast in two ITC investigations filed by Rovi, involving eight patents covering set-top boxes used by cable TV subscribers. The practice also took on the defense of GoVision in parallel district court and ITC litigation initiated by Ultravision for alleged patent infringement of certain panels. Practice head Tom Jarvis and Paul Goulet 'know how to present their cases in the manner most conducive to success in this specialized arena'. Also recommended is Steve Anzalone, who 'really digs into the technical nuances of the patent cases that he handles before the ITC'.
Baker Botts L.L.P. was especially visible as counsel for Fujifilm, which the group repeatedly defended against investigations filed by competitor Sony alleging patent infringement of magnetic data storage tapes and cartridges. Further, Oxford Nanopore instructed the team in litigation against Illumina regarding DNA sequencing patents in addition to an investigation filed by Pacific Biosciences. Other clients include Western Digital and subsidiary Sandisk, Ericsson and Samsung. Practice head Lisa Kattan in Washington DC, a former senior investigative attorney at the ITC Office of Unfair Import Investigations, and New York's Robert Scheinfeld and Robert Maier are the key contacts.
Orrick, Herrington & Sutcliffe LLP maintains its reputation as one of the ITC practices with the most varied client portfolio. In a recent standout instruction, the group successfully convinced the ITC not to institute the investigation filed by Amarin Pharmaceuticals against DSM and Pharmavite by arguing that the dispute fell under the jurisdiction of the US Food and Drug Administration. Additionally, the team defended Bosch and Foxconn in an investigation filed by JST Corporation which alleged infringement of an electric connector patent. The main practitioners are Jordan Coyle and Steven Routh. NVIDIA, Fujifilm and Hon Hai Precision Industry are long-standing clients.
The team at Steptoe & Johnson LLP is particularly active in the technology sector. Recent examples included representing complainant Autel Robotics in an investigation filed against DJI regarding drone patents. In the medical device space, the team acted for Ilooda and Jeisys Medical as respondents in an investigation filed by Syneron Medical, Candela and Massachusetts regarding radio frequency micro-needle treatment devices. Broadcom is another key client. Practice head John Caracappa is a key figure in the team, and of counsel Matthew Bathon is also recommended. Charles Schill retired.
An historically strong technology group, WilmerHale is now also visible in pharmaceutical-related ITC investigations. The recent caseload confirms the practice's particularly good reputation with major technology players, which also often use the firm for litigation requiring expertise in district court litigation, Patent Trial and Appeal Board proceedings and ITC investigations. Additionally, the team's track record also includes significant victories obtained on behalf of semiconductor manufacturers. Key contacts include Washington DC's Nina Tallon and Boston duo Lisa Pirozzolo and William Lee.